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In late 2025, Council approached the Minister for Resource Management Reform regarding the potential use of the RMA's regulation-making powers to amend aspects of the Southland Water and Land Plan as councils are not able to make plan changes to their plans currently.
Recent changes to the Resource Management Act – particularly section 360I – allow the Governor General to use regulations to change resource management plans, where it can be demonstrated that existing provisions are having negative impacts on economic growth, development capacity or employment. The decision is to be based on a recommendation from the Minister for the Environment, which in turn is to be informed by an investigation report.
To support this work, the Ministry for the Environment (now MCERT) commissioned an investigation to assess whether our proposal met the required statutory criteria. The Minister has now received the report and has formally released that report to Environment Southland to review and provide written feedback. We have been given 20 working days to respond.
MCERT is also undertaking a public consultation process, which commenced at the end of August, and sent notice to those who are likely to be affected by the change.
Key changes proposed
Environment Southland has requested changes to its Southland Water and Land Plan, in three areas:
Changes to address the consequences of the 2025 changes to the Freshwater Farm Plan Regulations, which resulted in a disconnect between the Southland Water and Land Plan and the Regulations for properties between 20 and 50 hectares.
Enabling the disturbance of beds of rivers for protection purposes where there is a threat to infrastructure such as bridges and flood protection structures.
Enabling the construction of wetlands and other physical mitigations to improve water quality including sediment traps and treatment of subsurface drainage.
Statutory process
The investigation report has been provided and we have 20 working days to prepare a response.
The Minister must consult parties who are likely to be affected by any modifications or removal of provisions recommended by the investigation report. The consultation period is from 31 August to 14 September 2026.
The Minister must consider the Council’s response and the feedback from consultation before recommending regulations to change the Plan.
If regulations are made, the Council must give public notice of the changes to the Plan and update the Plan accordingly.
In late 2025, Council approached the Minister for Resource Management Reform regarding the potential use of the RMA's regulation-making powers to amend aspects of the Southland Water and Land Plan as councils are not able to make plan changes to their plans currently.
Recent changes to the Resource Management Act – particularly section 360I – allow the Governor General to use regulations to change resource management plans, where it can be demonstrated that existing provisions are having negative impacts on economic growth, development capacity or employment. The decision is to be based on a recommendation from the Minister for the Environment, which in turn is to be informed by an investigation report.
To support this work, the Ministry for the Environment (now MCERT) commissioned an investigation to assess whether our proposal met the required statutory criteria. The Minister has now received the report and has formally released that report to Environment Southland to review and provide written feedback. We have been given 20 working days to respond.
MCERT is also undertaking a public consultation process, which commenced at the end of August, and sent notice to those who are likely to be affected by the change.
Key changes proposed
Environment Southland has requested changes to its Southland Water and Land Plan, in three areas:
Changes to address the consequences of the 2025 changes to the Freshwater Farm Plan Regulations, which resulted in a disconnect between the Southland Water and Land Plan and the Regulations for properties between 20 and 50 hectares.
Enabling the disturbance of beds of rivers for protection purposes where there is a threat to infrastructure such as bridges and flood protection structures.
Enabling the construction of wetlands and other physical mitigations to improve water quality including sediment traps and treatment of subsurface drainage.
Statutory process
The investigation report has been provided and we have 20 working days to prepare a response.
The Minister must consult parties who are likely to be affected by any modifications or removal of provisions recommended by the investigation report. The consultation period is from 31 August to 14 September 2026.
The Minister must consider the Council’s response and the feedback from consultation before recommending regulations to change the Plan.
If regulations are made, the Council must give public notice of the changes to the Plan and update the Plan accordingly.
