The Wetlands chapter manages activities in or near wetlands (including ‘natural inland wetlands’ as they are defined in the National Policy Statement for Freshwater Management 2020, but also wetlands more broadly). The chapter works in conjunction with the controls on natural inland wetlands in the National Environmental Standard for Freshwater (NES-F), which includes controls on the removal of vegetation, earthworks, drainage, and discharges into natural inland wetlands, and the Resource Management (Stock Exclusion) Regulations 2020. The majority of controls on wetlands are included in the national documents. The Wetlands chapter has two additional controls:

  1. For natural wetlands that require stock exclusion under the Resource Management (Stock Exclusion) Regulations 2020, all heavy livestock are required to be excluded. 

  2. Potentially destructive activities, like cultivation and spraying, are controlled for a wider range of wetlands than those protected under the NES-F. 

 

Otago has a diverse range of wetlands. These provide valuable habitat for flora, fauna and valued mahika kai, and are an integral part of the natural character of the region. Wetlands and wetland values are sensitive to loss from a range of activities. 

The creation of new wetlands is supported, and new wetlands are likely to have wide ranging benefits for water quality, biodiversity and natural hazard reduction. 

Alongside the development of provisions for managing wetlands in the draft Land and Water Regional Plan, the Otago Regional Council is undertaking the identification and mapping of wetlands as required by the NPSFM.  

 

Overview and key changes 

For natural inland wetlands, the provisions of the Resource Management (Stock Exclusion) Regulations 2020 and the NES-F apply. The plan can be more stringent, but these regulations provide a range of compulsory protections. 

The table below provides a high-level comparison of the existing provisions of the operative Water Plan, the NES-F, the Resource Management (Stock Exclusion) Regulations 2020 and the draft WET chapter in the draft LWRP highlighting the key differences.   

 

 Wetlands chapter of draft LWRP

Existing NES-F and Stock Exclusion Regulations and Water Plan

Wetland types

The proposed rules define a wider range of natural wetlands and require resource consent for activities that that are likely to permanently destroy them.

The activities that will require a restricted discretionary resource consent in this wider range of natural wetlands are: 

  • all kinds of cultivation 

  • herbicide spraying, other than spot-spraying with hand-held, non-motorised equipment 

  • earthworks other than minor works such as installing fenceposts and utility lines 

  • installing new sub-surface drainage and open drains. 


The natural wetlands included in the above controls are the full range of wetlands, but excludes constructed wetlands and wet pasture, areas where water temporarily ponds after rain, or pasture containing patches of rushes. 

 

Stock are not required to be excluded from this wider range of natural wetlands but are from natural inland wetlands (see row below). This wider range of natural wetlands are included in the definition of ‘critical source area’. This has two implications:  

  • the natural wetlands, as critical source areas, are required to be specifically managed under Freshwater Farm Plans. 

  • intensive winter grazing and sacrifice paddocks on them are restricted. 

The NES-F manages ‘natural inland wetlands’ only. The definition of ‘natural inland wetlands’ excludes any wetland that has more than 50% of exotic pasture species and is within an area of pasture used for grazing, unless the wetland is located with a habitat of a threatened species. Identifying and mapping wetlands under this definition has proven difficult and resource and time consuming.  

This leaves many wetlands unprotected, more so in advance of any on-site inspection and mapping. 

Stock exclusion

In addition to cattle, pigs and deer, other heavy livestock, such as horses, but not sheep or goats, are also required to be excluded from natural inland wetlands.  

 

A discretionary activity resource consent can be sought for access to natural inland wetlands by these additional livestock types. However, cattle, pigs and deer are managed by the Stock Exclusion Regulations and those regulations do not provide a resource consent option.   

 

There continue to be no stock exclusion requirements for sheep or goats. 

The Stock Exclusion Regulations require cattle, pigs and deer to be excluded from natural inland wetlands on low slope land by July 2025 and on any slope if it is a wetland specifically listed in a regional or district plan or supports a population of threatened species.
Regionally significant wetlands

The existing Regionally Significant Wetlands will continue to be mapped, and the mapping will be updated as the mapping of wetlands that the Council is undertaking is completed. 

 

These existing Regionally Significant Wetlands will be managed under the NES-F and Stock Exclusion Regulations where they are natural inland wetlands, and under the rules restricting cultivation, herbicide spraying, earthworks and new drainage, along with Freshwater Farm Plans, for other natural wetlands.

These are mapped and some specific controls apply. These controls have largely been superseded by the NES-F and the Stock Exclusion Regulations.