HortNZ environment policy update

The change in Government has resulted in some significant policy changes in areas that affect growers. What follows is an update from HortNZ on the work it has been doing for growers in this space.

Repeal of the Natural and Built Environment and Spatial Planning Acts

In December 2023, the new coalition government passed legislation to repeal the Natural and Built Environment Act and Spatial Planning Act. This is one step in the wider RMA reform process that the government is working on.

Following this, HortNZ received a letter from the Minister for RMA Reform, Chris Bishop asking for comment on the following:

Fast-track consenting

• Elevating food production and food supply – particularly production of domestic produce that supports the health of the population
• Supporting projects that enable irrigation and support the supply of fresh fruit and vegetables
• The need to ensure a fast-tracked process enables mana whenua to be able to discharge their duties as kaitiaki, and support applicants to provide the information mana whenua need to be able to assess a consent fairly.

Te Mana o te Wai in consents

• How horticulture meets and approaches the six principles of Te Mana o te Wai
• Many councils/communities/iwis are interpreting the obligation around the health of water to mean they must keep improving quality and flow regimes beyond these minimums, without regard to the other matters. This undermines rather than supports sustainable management
• That the production of fresh fruit and vegetables for the domestic market is a human health need, and fits under the second priority of obligations.

The next steps in the wider form process are likely to involve seeking further information and comment from interested parties; further submission opportunities as other aspects of the reform are explored; and eventually, participation in the formal consultation process, which will include select committee hearings.

National Policy Statement for Freshwater Management – regional impacts

As part of the wider reform process, the new government will review and replace the National Policy Statement for Freshwater Management 2020 (NPS-FM). Some of the immediate changes have included provisions to give councils an extra three years, until 31 December 2027, to notify their freshwater plan changes.

Regional councils have already started plan preparation in keeping with the original deadline.  Some councils are indicating they are likely to keep to the original timeframe, while others are considering using the extension to have a later notification date. 

Court of Appeal decision on Specified Vegetable Growing Areas (SVGA)

Before Christmas 2023, the Court of Appeal ruled that the then Labour Government Environment Minister, David Parker did not consult sufficiently with iwi over the exemption clause in the National Policy Statement for Freshwater Management. This clause allowed for regional councils to set targets below national bottom lines, in areas where vegetable production would be compromised. This included growers in Levin and Pukekohe.

HortNZ has since written to the three regional councils in these areas suggesting that they do not undertake a plan change process to give effect to the decision now.  HortNZ pointed to the scale and rate of reform, and change that the new government is signaling. HortNZ suggested that councils wait until there is more certainty about the changes that will take place. That will be after the new government has completed its review of freshwater policy and regulations.

Freshwater Farm Plan (FWFP) rollout

The FWFP rollout in designated areas is continuing. However, future rollout will be subject to the new government’s approval.

For more information on the Ministry for the Environment’s (MfE) process and timeframes, click here.

Industry Assurance Programme (IAP) recognition pathway for FWFPs

MfE is developing a new Minister’s Standard that can assess and approve IAPs (like GAP) to audit and certify FWFPs. HortNZ and NZGAP are involved in discussions on pathway design and implementation. The pathway is anticipated to be in place later in 2024.