(formerly "A guide to farming the Lake Taupo catchment")
Regional Plan Variation 5 – Lake Taupo Catchment (RPV5) has been developed over the past decade to establish rules to cap the amount of Nitrogen entering Lake Taupo from urban and rural activities.
These rules also required the formation the Lake Taupo Protection Trust to assist in achieving the 20 per cent reduction in the amount of nitrogen entering Lake Taupo. If you are interested in finding out more about the Lake Taupo Protection Trust, their details are listed here. As the rules of RPV5 are near completion, this webpage and our information booklets have been updated to assist with understanding the revised rules and what they mean for landowners within the Lake Taupo catchment.
Please note that the guide is not a substitute for the rules. RPV5 rules have implications for land that is utilised for existing or proposed:
- farming operations
- forestry operations
- undeveloped land
- any changes to land use including residential development/subdivision and conversion to/from forestry/farming.
The rules also place controls on the following matters which due to their complexity are covered in brief below only. If you intend to develop your property from farming/forestry use into either of the following, please contact us so we can help to identify any consent requirements. Alternatively, please check out our nitrogen sourcing and trading in the Lake Taupo catchment guide which may help you establish what opportunities are available to you.
- Residential development and subdivision – if your land is farmed/forestry and you wish to redevelop the site for additional residences/accomodation or to create new lots via subdivision of your property, then resource consent(s) may be required to ensure sufficient nitrogen wastewater systems for each of the proposed lots or residences/accomodation units is assigned to each site.
- Additional nitrogen for expanding operations – if your land is in forestry or undeveloped and you wish to develop the property (for example, undertake farming activities, develop residential property or subdivide) an increase in nitrogen discharge is likely from these operations. As such resource consents may be required – to ensure sufficient nitrogen is available for the expansion.
Contents
Glossary of terms
Throughout this guide, there are a number of terms which may not be familiar to you. The list below provides definitions for you to assist with understanding this guide.
Benchmarking the processing of your farm data through OverseerTM to establish a Nitrogen Discharge Allowance.
Farming activities the grazing of animals or the growing of produce, including crops, market gardens and orchard produce but not including planted production forest and ancillary grazing of animals or cropping.
Hectare an area of land 100m by 100m = 10000m².
NDA Nitrogen Discharge Allowance – determined for your farm based on your year of highest leaching during the benchmarking period of July 2001-June 2005 and measured in average kgN/ha/yr leached.
NMP Nitrogen Management Plan – a plan that is required to continue farming which details how your farming practices meet your property’s NDA. This can be your year of highest leaching data if you want to continue your existing operations. Alternatively it can be a new farming system (for example changing stock type/breed etc) that, when run through Overseer still meets your NDA and TAND.
Non-farming activities Use of land for conservation, forestry, erosion rehabilitation, domestic gardening.
OverseerTM the scientific program prepared by AgResearch and MAF(Ministry of Agriculture and Forestry) through which your farm information is processed to enable a nitrogen discharge allowance to be established for your property.
Resource consent a report and consent with a list of conditions which one will need to meet in order to discharge nitrogen in the Taupo catchment.
TAND – Total Annual Nitrogen Discharge – also determined for your farm based on your year of highest leaching during the benchmarking period of July 2001 – June 2005 and measured in total kg N/yr for the whole farm.
Permitted activities – non-farming
If the land is used for erosion rehabilitation: nitrogen fertiliser used during rehabilitation of these areas may be applied as a permitted activity.
If the land is used for domestic gardening (not commercial): nitrogen fertiliser may be applied to land at a rate no greater than the manufacturers recommendation as a permitted activity.
If your land is used for planted production forestry, your operations are a permitted activity, provided any grazing of animals or growing of crops is ancillary to the forestry and your Nitrogen Fertiliser Policy meets the following requirements:
- ≤ 30 grams of nitrogen per tree in spot application
- application of nitrogen fertiliser shall not result in any avoidable direct application of fertiliser to any water body
- application of nitrogen fertiliser shall not occur between 1 June and 31 august or following wet periods
- ≤ 200kg of nitrogen per hectare in broadcast application
- except where plantations are severely deficient (where visual symptoms of nitrogen deficiency are evident) broadcast applications shall be made in conjunction with thinning and pruning operations
- all exposed areas of soil that result from vegetation clearance shall be stabilised by vegetative cover (including grass or scrub) as soon as practical following completion of the activity and no later than six months from the date of disturbance
- nutrient analysis of foliage used to plan fertiliser application and have this information available to provide to Environment Waikato upon request.
You can continue operating as a permitted activity, as long as any grazing of animals or growing of crops onsite are ancillary.
If your activities exceed any of these requirements please contact us to discuss what consents will be required - 07 378 6539 or email us at taupocatchment@ew.govt.nz
Permitted activities - farming
If your land is used for farming activities then you will need to check out the diagram below to identify whether the existing or intended stocking rates for your site are permitted or you will require a resource consent to continue farming.
Note: if you have trouble figuring out whether your stock levels meet these requirements, check out the following examples, or contact us for help.
Example 1: if you have 10ha of grazing land and 100 goats = 0.1x 100=10ha you can say “YES”.
Example 2: if you have 5 pigs, 10 goats and 4 horses, and your property was 7 ha, you would need to say “NO”, as your stock requires 8ha of land. (5x 0.4+ 10x0.1+ 4x1.25 = 2+1+5 = 8ha).
If you require consent when you follow this diagram through, please continue reading.
How to go about benchmarking and consenting
The simplest process for getting a consent is described below:
# a list of what information is necessary to benchmark is listed below.
* Environment Waikato can provide up to four hours assistance to you (at no cost) to help you prepare a Nitrogen Management Plan for your property.
Benchmarking information requirements
The following is a list of the information that we need in order to benchmark and assign a Nitrogen Discharge Allowance (NDA) and Total Annual Nitrogen Discharge (TAND) to your property:
- annual accounts.
- detailed stock records.
- total numbers of all classes of stock and stocking rates.
- percentage of male cattle.
- number of stock purchased and/or sold, natural increases and deaths.
- winter management practices.
- grazing on/off your farm.
- replacements grazed on/off your farm.
- fertiliser application.
- total amount of fertiliser applied.
- NPKS (nitrogen, phosphorous potassium and sulphur) quantities applied to each block, area applied to and month applied.
- Supplements brought onto and removed from your farm including amount, destination on or off the farm and block fed on if on farm.
For assistance with this, forms are available from here or our Taupo Office. These will help with benchmarking your property in Overseer.
Getting consent
Once you have been benchmarked, you can decide what to do with your NDA and TAND, and how to gain a resource consent. The four main options are described below.
If you want to continue as you are (your highest year data will form your NMP) you can apply for consent by filling out Forms A and B* and submitting with a $500 deposit.
If you want to alter your onsite practices but retain all of your nitrogen, you can apply for consent by preparing a NMP that meets your NDA and then filling out Forms A and B* and submitting with a $500 deposit.
If you want to sell nitrogen for permanent removal from the catchment, you can apply for consent by preparing a NMP that meets your reduced NDA and then filling out Forms A and B* and submitting with a $500 deposit (if you want to do this we suggest that you talk to the Lake Taupo Protection Trust to come to an agreement prior to applying for resource consent).
If you want to alter your nitrogen levels, either by purchasing or selling nitrogen, you and the party with whom you are trading both need to apply for consent by preparing NMPs that meets your proposed NDAs and then filling out Forms A and B* and submitting with a $500 deposit each.
* Forms A and B are available from the Taupo office or by clicking here. Please note that these are not the only types of consent which can be obtained under the rules – as noted at the beginning of this guide, if you are looking at residential development/subdivision or developing forestry/undeveloped land into nitrogen leaching activities, then please contact us.
Please note: a Nitrogen Management Plan (see glossary) is required for each property as part of the consent process to ensure that the onsite farming activities will meet the Nitrogen Discharge Allowance and Total Annual Nitrogen Discharge on an annual basis for the term of the consent. This Nitrogen Management Plan can be prepared by yourself/a farm consultant using OverseerTM or with the help of Environment Waikato staff (up to four hours of assistance can be provided free of charge per farm).
Consent application processing
Once you have lodged your consent with council, we will review the application and request any additional information that we consider is necessary to process your application. Once we’re satisfied that the proposal is a controlled activity, we will prepare and finalise the report within 20 working days of all information being provided as required by the Resource Management Act.
After consent approval
You will get a letter in the mail with your consent and a list of conditions you must comply with.
If you disagree with any of the consent conditions, you can object to the decision under Section 357 of the Resource Management Act, which requires we reconsider the decision. Alternatively you can lodge an appeal with the Environment Court.
If you are happy with the consent conditions and do not wish to object, your consent will be automatically finalised and you will be sent a resource consent certificate. There is an annual consent holder charge of approximately $351 to cover the cost of administration and monitoring (even if you choose not to carry out the activities). If you surrender your consent, this charge will cease.
Contact details
If you have any queries or require assistance in understanding Variation 5 please contact the Taupo Implementation Team at Environment Waikato’s Taupo Office.
Location: Corner of Titiraupenga and Paora Hapi Streets.
Phone: 07 378 6539.
Fax: 07 378 9049.
Email: taupocatchment@ew.govt.nz
The Lake Taupo Protection Trust can be contacted on the details below if you are interested in any of the work they do or assistance they can provide.
Location: 8 Beale Street, Hamilton, Po Box 4177
Hamilton east, Hamilton.
Phone: 07 839 0991.
Download this guide in pdf format
Nitrogen management in the Lake Taupo catchment
(3525 kb, 503 seconds to download, 56k modem)
Frequently asked questions (FAQs)
The following is a list of questions that you may have regarding any of the aspects of Variation 5. It is not a full and comprehensive list so if you have a question and don’t find the answer here, please contact us either by email on taupocatchment@ew.govt.nz or phone 07 378 6539.
What is a NDA? (Nitrogen Discharge Allowance)
How is the amount of nitrogen that leached from my property benchmarked?
What if I don’t have any records or my records are incomplete?
How long will it take to benchmark my property?
Do I have to pay?
What are the benefits of knowing my NDA/TAND
What is a NMP?
Who prepares my NMP?
What do I need to provide in my NMP and what do I need to do to show how I am operating in accordance with this NMP?
Can I change my NMP?
What information do I have to provide to get consent?
Do I need to pay for the Consent Application?
What happens after council has my application?
How quickly will we make a decision on the Resource Consent Application?
What do I do after I get my consent?
Are there annual charges for having consent?
What kind of monitoring will happen?
Do I have to pay for monitoring of my site?
Can I change the NDA specified in my consent?
How long will this process take?
Benchmarking
What is a NDA -Nitrogen Discharge Allowance?
A NDA (nitrogen discharge allowance) 'caps' the amount of nitrogen you can leach from your property in a year.
How is the amount of nitrogen that leached from my property benchmarked?
As outlined in the How to go about benchmarking and consenting section of this guide, Environment Waikato staff will work with you to benchmark the amount of nitrogen that leached from your property from a minimum of one year during the July 2001 to June 2005 period. It is important to note that you can only get a benchmarked NDA through Environment Waikato. Under the Variation for the Lake Taupo catchment, independent consultants are not able to calculate or assign land owners NDA or TAND levels.
The general process we’ll follow is outlined below.
- You can arrange a time to meet with us to discuss the benchmarking process and information requirements in detail.
- During the meeting you’ll be given a series of OverseerTM benchmark information forms to complete – there’s one for each financial year. Alternatively, you can download the templates or collect a copy from our Taupo office. To complete the templates you’ll need a range of information, as outlined in Benchmarking Information Requirements about your farm, including:
- General farm information like the number of hectares, an accurate map of your farm or aerial photo showing the different management blocks and other relevant areas, a description of the different management blocks of your farm, your stocking rates, stock numbers and stock ratios by species and age, production information, winter management practices, the amount and timing of your nitrogen fertiliser applications, details of the supplements you brought on, grew or took off the farm.
Please note that this commercially sensitive information will be kept confidential and will only be viewed by specified Environment Waikato staff and contracted benchmarking consultants.
- The farm information you provide will be reviewed, checked and verified with you. It will then be sent to a contracted benchmarking consultant who will enter the information you’ve provided into OverseerTM to determine the total amount leached and calculate your NDA.
- Once the consultant has calculated your NDA, we’ll give you a preliminary NDA with the relevant OverseerTM input pages. You’ll be able to review this with us to ensure the farm data you provided has been correctly represented in OverseerTM.
- Finally, you’ll be notified of your NDA and TAND which you will be able to apply for consent for as a controlled activity.
How long will it take to benchmark my property?
To date, our experience is that this process takes about a month. However, this can vary depending on the complexity of the farming system, the availability of farm records and quality of information contained in the farm records.
What if I don’t have any records or my records are incomplete?
If you are unable to provide us with the required farm information because you don’t have complete records, we will estimate a default value for your property, based on the records you do have and relevant catchment averages.
It’s important to note that if we estimate the amount of nitrogen leached from your property, conservative figures will be used. This means your allocated NDA may be lower than the NDA you might have gained had you been able to accurately complete the OverseerTM nutrient budget templates.
Do I have to pay?
The cost of benchmarking the nitrogen leached from your property and calculating your NDA is currently being be funded by the Lake Taupo Protection Trust (The trust). The trust’s funding covers all Environment Waikato staff time and the cost of your NDA being calculated by a benchmarking consultant.
Any costs you incur if you choose to engage independent consultants to help you complete the nutrient budget templates, nitrogen management plans or the consent application will be at your cost, as will the costs of applying for and gaining your consent, plus any associated consent monitoring costs.
What are the benefits of knowing your NDA/TAND
Knowing what your NDA/TAND is will mean you’ll have a better idea of the farming activities you’ll be able to carry out within the nitrogen cap for your farm. With that knowledge, you’ll be able to make informed business plans for the future. Then, once you’ve got your resource consent, you’ll be in a position to look into the possibilities of trading nitrogen, either via sales, purchases or leases (these trades will be need to be done via a consent process).
The Lake Taupo Protection Trust also needs to know what the NDAs are in the catchment so they can develop the best plan for reducing the amount of nitrogen going into the lake by 20%.
It is only with a benchmarked and consented NDA/TAND that you can deal with other land owners or the trust to sell, buy or lease NDAs/TANDs. In addition, you will need a benchmarked NDA/TAND if you’re thinking about selling your property, as potential buyers will need to know what the NDA/TAND is. In the future it’s likely that potential buyers will make having a NDA/TAND a condition of sale.
Nitrogen Management Plans
What is a NMP- Nitrogen Management Plan?
Based on your nutrient budget, your NMP describes how you will manage your farming activities to ensure you don't exceed your NDA and TAND and will need to identify your farming operations sufficiently for OverseerTM to determine a leaching level for the site.
Who prepares my NMP?
You can prepare your own NMP by taking an electronic copy of the OverseerTM file of your 'best year' data and adjusting the relevant input data to reflect your proposed farming alterations. If you would like an electronic copy of your OVP, please call our Taupo office – (07) 378 6539.
OR
You can request assistance from Derek Ryan and Jon Palmer (Environment Waikato Agricultural Advisor, Nitrogen Management) to prepare your NMP, once you have an idea about what you want to do on your site. Up to 4 hours of assistance can be provided free of charge.
OR
You can contract a certified nutrient management advisor to prepare your NMP. You will have to cover these costs yourself.
A certified nutrient management advisor is an independent consultant who has specialist training in nutrient management.
Can I change my NMP?
You can change your farming activities and/or the way you manage them, provided that:
- the nitrogen leached from the new farming activities/management practices don’t exceed your NDA or TAND
- you prepare a new NMP describing the changes you intend to make
- your new NMP is registered with Environment Waikato within 10 working days of your farming activities/management practices changing.
You, or a certified nutrient management advisor, can assess the impact of changing your farming activities/management practices using OverseerTM prior to registering the new NMP with Environment Waikato to ensure it meets your consented NDA.
What do I need to provide in my NMP and what do I need to do to show how I am operating in accordance with this NMP?
Recording requirements
You need to accurately record the following type of information to verify you have carried out the management practices described in your NMP.
Detailed stock records
- Total numbers of all classes of stock and stocking rates.
- Percentage of male cattle.
- Number of stock purchased and/or sold, natural increases and deaths.
Winter management practices
- Grazing on/off your farm.
- Replacements grazed on/off your farm.
Fertiliser application
- Total amount of fertiliser applied.
- NPKS rating, amount applied to each block, area applied to and month applied.
- Supplements brought onto and removed from your farm
- Amount, destination on or off the farm and block fed on.
- For the purpose of auditing compliance with your NMP, we may ask to view your records.
The consent process
What information do I have to provide to get consent?
First, you need to call our Taupo (07 378 6539) or Hamilton Office (0800 800 401) and request a Use Land for Nitrogen Leaching activities application form for the Taupo Catchment.
You will need to complete every section of the form, and include the information as requested on the form for your site.
- Your allocated NDA and TAND.
- Clarification of whether you wish the consent to cover all of your site or just the farmed areas of your site (this will mean you will not be able to remove or alter currently retired areas on the farm)
- A copy of your NMP (being the parameter from OverseerTM).
- An electronic copy of the OverseerTM file used to prepare your NMP.
- Details of your farm’s location including a map, aerial photograph or a detailed sketch map showing:
- your property’s orientation – with north arrow and scale
- where the boundaries are
- the nearest road
- the blocks identified in your OverseerTM nutrient budgets (please make sure each block is clearly marked).
- A copy of your certificate of title.
It pays to carefully check your application before lodging it with us because missing information can cause delays and increase costs. It’s also important to note that if you deliberately submit fraudulent information your resource consent may be revoked.
Do I need to pay for the consent application?
You will need to pay a deposit of $500 (GST inclusive) when you lodge your consent application. This will help offset the costs of processing your application, which includes:
- a ‘review’ to make sure the basic information requirements have been met
- an audit of the information provided to make sure your NDA and NMP are accurate and comply with the rules
- consent processing and report preparation.
What happens after council has my application?
Environment Waikato carries out an initial review of all resource consent applications to check that you've:
- completed, signed and dated the correct application form
- provided all the required information (as outlined above)
- paid the $500 deposit
If your application is incomplete, we will return it to you within five working days, along with an explanation of any additional information you need to provide.
After your application is reviewed it's entered into our resource consents database and processed. You will be sent a letter confirming receipt of your application and outlining the cost of processing your application, timeframes, who will be dealing with your application and their contact details.
The cost of processing your application will vary depending on the complexity of your farming operation, the quality of the information you have provided and the amount of staff time required to process and assess your consent. However, it is likely to range from $1000.00-$3000.00 (GST inclusive).
How quickly will we make a decision on the resource consent application?
As a council, we must comply with the timeframes set out in the RMA. If you've provided all the necessary information your resource consent should be granted within 20 working days.
You can minimise the time and costs involved in processing your application by:
- supplying all the required information
- talking to us if you're unable to provide some information
- responding promptly to requests for more information.
What do I do after I get my consent?
Once your application has been processed, you’ll get a letter in the mail telling you:
- whether your application has been granted or declined
- the reasons for our decision
- the conditions you must comply with, if your consent was granted.
If you disagree with any of the consent conditions, you can:
- object to the decision under section 357 of the Resource Management Act (RMA), which requires us to reconsider our decision
- lodge an appeal with the Environment Court.
If you don’t object or appeal our decision within 15 working days of receiving notice of the decision, your consent will be finalised and you’ll be sent a resource consent certificate.
Are there annual charges for having consent?
If your consent is granted, you’ll have to pay an annual consent holder charge to cover the cost of administration and information gathering, for example reviewing your farm records to check their compliance with your Nitrogen Management Plan.
You’ll have to pay this charge from the time your consent is granted until it expires – even if you’re not physically carrying out the activities permitted by your consent. However, if you inform us you no longer require your resource consent, this charge will cease.
The annual consent holder charges will be around $351.00 (GST inclusive).
What kind of monitoring/auditing will happen?
During the term of your consent, resource officers may visit your property to:
- ensure you’re complying with your NMP and the conditions of your consent
- check you’re meeting your NDA
- answer any questions you may have.
Generally the resource officer will arrange a time to visit your property, but some random checks will be carried out each year.
Resource Officers may also request that you provide your farms records as supporting evidence to ensure you are meeting your NDA and associated NMP.
Do I have to pay for monitoring of site?
It will be necessary for you to pay for monitoring. The cost of monitoring is based on an hourly rate. If we receive a complaint/report of non-compliance about your property, and it’s justified, you’ll be charged for the travel, inspection and administration costs involved with our investigation.
You can help reduce the cost of visits to your farm for monitoring by making sure your farm records are in order and readily available.
Altering my consent
Can I change the NDA specified in my consent?
Subject to some requirements, you can alter your Nitrogen Discharge Allowance but this will need to be applied for via a Consent Application. You will need to complete an application form to identify how you are going to alter your nitrogen discharge allowance. For example if you:
Trade with another landowner – this requires both parties to apply to alter your consents and Total Nitrogen Discharge Allowances by the proposed trade level. You will both also need to prepare Nitrogen Management Plans (see step 2 below) that meet the proposed new limits for both properties. As long as there is no net increase in nitrogen leaching from land in the Lake Taupo catchment the process will be straightforward.
Intend to lease nitrogen then this will also need to be reflected via the consent process and will require the two properties involved in the trade to alter their consents and subsequently their Nitrogen Management Plans. A specific time limit to the lease will also need to be specified in the consent applications to enable us to ensure that there is no overall increase in Nitrogen into the system during the lease period.
Intend to sell nitrogen to the Trust then it is necessary to do this via the consent process. This will only require a single consent process and will require you to submit a revised Nitrogen Management Plan for your site to meet the new proposed Nitrogen Discharge Allowance.
How long will this process take?
As with your application for your original resource consent, your application will be returned within five working days if it is incomplete.
If you’ve provided all the necessary information your resource consent should be granted within 20 working days.
Other questions?
Please contact us.