National Policy Statement for Freshwater Management 2020

National Policy Statement

for Freshwater Management 2020

December 2022

2 National Policy Statement for Freshwater Management 2020

This National Policy Statement was approved by the Governor-General under section 52(2)

of the Resource Management Act 1991 on 3 August 2020, and is published by the Minister for

the Environment under section 54 of that Act.

This National Policy Statement replaces the National Policy Statement for Freshwater

Management 2014 (as amended in 2017), which came into force on 7 September 2017.

This version of the National Policy Statement incorporates the following amendments:

1. amendments made by the Minister for the Environment under section 53(1) of the

Resource Management Act 1991 and notified in the New Zealand Gazette on 8

December 2022 as the National Policy Statement for Freshwater Management 2020

Amendment No 1.

 
  National Policy Statement for Freshwater Management 2020  3 
Contents 
Part 1: Preliminary provisions  5 
1  Title  5 
2  Commencement  5 
3  Fundamental concept – Te Mana o te Wai  5 
4  Interpretation  6 
5  Application  8 
6  Best information  8 
7  Application of section 55(2A) of Act  9 
8  Incorporation by reference  9 
Part 2: Objective and policies  10 
1  Objective  10 
2  Policies  10 
Part 3: Implementation  12 
1  Overview of Part  12 
Subpart 1  Approaches to implementing the National Policy Statement  12 
2  Te Mana o te Wai  12 
3  Long-term visions for freshwater  13 
4  Tangata whenua involvement  13 
5  Integrated management  14 
6  Transparent decision-making  15 
Subpart 2  National Objectives Framework  15 
7  NOF process  15 
8  Identifying FMUs and special sites and features  16 
9  Identifying values and setting environmental outcomes as objectives  16 
10  Identifying attributes and their baseline states, or other criteria for 
assessing achievement of environmental outcomes  17 
11  Setting target attribute states  17 
12  How to achieve target attribute states and environmental outcomes  18 
13  Special provisions for attributes affected by nutrients  19 
14  Setting limits on resource use  19 
15  Preparing action plans  20 
16  Setting environmental flows and levels  21 
17  Identifying take limits  21 
18  Monitoring  22 

 
4  National Policy Statement for Freshwater Management 2020 
3.19  Assessing trends  22 
3.20  Responding to degradation  23 
Subpart 3  Specific requirements  23 
3.21  Definitions relating to wetlands and rivers  23 
3.22  Natural inland wetlands  25 
3.23  Mapping and monitoring natural inland wetlands  27 
3.24  Rivers  28 
3.25  Deposited sediment in rivers  29 
3.26  Fish passage  30 
3.27  Primary contact sites  32 
3.28  Water allocation  32 
3.29  Freshwater accounting systems  32 
3.30  Assessing and reporting  33 
3.31  Large hydro-electric generation schemes  34 
3.32  Naturally occurring processes  35 
3.33  Specified vegetable growing areas  36 
3.34  Urban development in the Bay of Plenty  36 
Part 4: Timing and transitionals  38 
4.1  Timing  38 
4.2  Keeping policy statements and plans up to date  38 
4.3  Existing policy statements and plans  38 
Appendices  39 
Appendix 1A – Compulsory values  39 
Appendix 1B – Other values that must be considered  41 
Appendix 2A – Attributes requiring limits on resource use  43 
Appendix 2B – Attributes requiring action plans  53 
Appendix 2C – Sediment classification tables  65 
Appendix 3 – National target for primary contact  67 
Appendix 4 – Details for instream structures  69 
Appendix 5 – Specified vegetable growing areas  72 
Appendix 6 – Principles for aquatic offsetting  74 
Appendix 7 – Principles for aquatic compensation   76 
   

National Policy Statement for Freshwater Management 2020 5

Part 1: Preliminary provisions

1.1 Title

(1) This is the National Policy Statement for Freshwater Management 2020.

1.2 Commencement

(1) This National Policy Statement comes into force on 3 September 2020.

(2) See Part 4 for provisions about the timing of the implementation of this National Policy

Statement.

1.3 Fundamental concept – Te Mana o te Wai

Concept

(1) Te Mana o te Wai is a concept that refers to the fundamental importance of water and

recognises that protecting the health of freshwater protects the health and well-being of

the wider environment. It protects the mauri of the wai. Te Mana o te Wai is about

restoring and preserving the balance between the water, the wider environment, and

the community.

(2) Te Mana o te Wai is relevant to all freshwater management and not just to the specific

aspects of freshwater management referred to in this National Policy Statement.

Framework

(3) Te Mana o te Wai encompasses 6 principles relating to the roles of tangata whenua and

other New Zealanders in the management of freshwater, and these principles inform

this National Policy Statement and its implementation.

(4) The 6 principles are:

(a) Mana whakahaere: the power, authority, and obligations of tangata whenua to

make decisions that maintain, protect, and sustain the health and well-being of,

and their relationship with, freshwater

(b) Kaitiakitanga: the obligations of tangata whenua to preserve, restore, enhance,

and sustainably use freshwater for the benefit of present and future generations

and care for freshwater and for others

(d) Governance: the responsibility of those with authority for making decisions about

freshwater to do so in a way that prioritises the health and well-being of

freshwater now and into the future

(e) Stewardship: the obligations of all New Zealanders to manage freshwater in a way

that ensures it sustains present and future generations

(f) Care and respect: the responsibility of all New Zealanders to care for freshwater in

providing for the health of the nation.

6 National Policy Statement for Freshwater Management 2020

(5) There is a hierarchy of obligations in Te Mana o te Wai that prioritises:

(a) first, the health and well-being of water bodies and freshwater ecosystems

(b) second, the health needs of people (such as drinking water)

and cultural well-being, now and in the future.

1.4 Interpretation

(1) In this National Policy Statement:

Act means the Resource Management Act 1991

attribute means a measurable characteristic (numeric, narrative, or both) that can be used to

assess the extent to which a particular value is provided for

baseline state, in relation to an attribute, means the best state out of the following:

(a) the state of the attribute on the date it is first identified by a regional council

under clause 3.10(1)(b) or (c)

(b) the state of the attribute on the date on which a regional council set a freshwater

objective for the attribute under the National Policy Statement for Freshwater

Management 2014 (as amended in 2017)

commencement date means the date on which this National Policy Statement comes into

force (ie, 3 September 2020)

compulsory value means the 4 values described in Appendix 1A, being: ecosystem health,

human contact, mahinga kai, and threatened species

degraded, in relation to an FMU or part of an FMU, means that as a result of something other

than a naturally occurring process:

(a) a site or sites in the FMU or part of the FMU to which a target attribute state

applies:

(i) is below a national bottom line; or

(ii) is not achieving or is not likely to achieve a target attribute state; or

(b) the FMU or part of the FMU is not achieving or is not likely to achieve an

environmental flow and level set for it; or

provide for any value described in Appendix 1A or any other value identified for it

under the NOF

degrading, in relation to an FMU or part of an FMU, means that any site or sites to which a

target attribute state applies is experiencing, or is likely to experience, as a result of something

other than a naturally occurring process, a deteriorating trend (as assessed under clause 3.19)

environmental outcome means, in relation to a value that applies to an FMU or part of an

FMU, a desired outcome that a regional council identifies and then includes as an objective in

its regional plan (see clause 3.9)

freshwater management unit, or FMU, means all or any part of a water body or water bodies,

and their related catchments, that a regional council determines under clause 3.8 is an

National Policy Statement for Freshwater Management 2020 7

appropriate unit for freshwater management and accounting purposes; and part of an FMU

means any part of an FMU including, but not limited to, a specific site, river reach, water body,

or part of a water body

kaitiakitanga has the meaning given in the Act but includes the principle referred to in clause

1.3(4)(b)

limit means either a limit on resource use or a take limit

limit on resource use means the maximum amount of resource use that is permissible while

still achieving a relevant target attribute state or a nutrient outcome needed to achieve a

target attribute state (see clauses 3.12 and 3.14)

long-term vision means a long-term vision developed under clause 3.3 and included as an

objective in a regional policy statement

Māori freshwater values means the compulsory value of mahinga kai and any other value

(whether or not identified in Appendix 1A or 1B) identified for a particular FMU or part of an

FMU through collaboration between tangata whenua and the relevant regional council

national bottom line means an attribute state identified as such in Appendix 2A or 2B

National Objectives Framework, or NOF, means the framework for managing freshwater as

described in subpart 2 of Part 3

natural inland wetland has the meaning in clause 3.21

naturally occurring process means a process that occurs, or would occur, in the absence of

human activity

nutrient outcomes needed to achieve target attribute states means the instream

concentrations and exceedance criteria, or instream loads, for nitrogen and phosphorus,

adopted under clause 3.13(4)

outstanding water body means a water body, or part of a water body, identified in a regional

policy statement, a regional plan, or a water conservation order as having one or more

outstanding values

over-allocation, or over-allocated, in relation to both the quantity and quality of freshwater,

means the situation where:

(a) resource use exceeds a limit; or

(b) if limits have not been set, an FMU or part of an FMU is degraded or degrading; or

under clause 3.16

primary contact site means a site identified by a regional council that it considers is regularly

used, or would be regularly used but for existing freshwater quality, for recreational activities

such as swimming, paddling, boating, or watersports, and particularly for activities where

there is a high likelihood of water or water vapour being ingested or inhaled

publish, in relation to an obligation on a local authority to publish material, means to make the

material freely available to the public on the local authority’s internet website or another web-

based platform

receiving environment includes, but is not limited to, any water body (such as a river, lake,

wetland or aquifer) and the coastal marine area (including estuaries)

take limit means a limit on the volume, rate, or both volume and rate, of water that can be

taken or diverted from, or dammed in, an FMU or part of an FMU, as set under clause 3.17

8 National Policy Statement for Freshwater Management 2020

Te Mana o te Wai has the meaning set out in clause 1.3

threatened species means any indigenous species of flora or fauna that:

(a) relies on water bodies for at least part of its life cycle; and

(b) meets the criteria for nationally critical, nationally endangered, or nationally

vulnerable species in the New Zealand Threat Classification System Manual (see

clause 1.8).

(2) Terms defined in the Act and used in this National Policy Statement have the meanings

in the Act, except as otherwise specified.

(3) Terms defined in the National Planning Standards issued under section 58E of the Act

and used in this National Policy Statement have the meanings in those Standards, unless

otherwise specified.

(4) A reference in this National Policy Statement to a zone is:

(a) a reference to a zone as described in Standard 8 (Zone Framework Standard) of

the National Planning Standards; or

(b) for local authorities that have not yet implemented the Zone Framework Standard

of the National Planning Standards, a reference to the nearest equivalent zone.

1.5 Application

(1) This National Policy Statement applies to all freshwater (including groundwater) and, to

the extent they are affected by freshwater, to receiving environments (which may

include estuaries and the wider coastal marine area).

1.6 Best information

(1) In giving effect to this National Policy Statement, local authorities must use the best

information available at the time, which means, if practicable, using complete and

scientifically robust data.

(2) In the absence of complete and scientifically robust data, the best information may

include information obtained from modelling, as well as partial data, local knowledge,

and information obtained from other sources, but in this case local authorities must:

(a) prefer sources of information that provide the greatest level of certainty; and

(b) take all practicable steps to reduce uncertainty (such as through improvements to

monitoring or the validation of models used).

(3) A local authority:

(a) must not delay making decisions solely because of uncertainty about the quality

or quantity of the information available; and

(b) if the information is uncertain, must interpret it in the way that will best give

effect to this National Policy Statement.

National Policy Statement for Freshwater Management 2020 9

1.7 Application of section 55(2A) of Act

(1) The changes to regional policy statements and regional plans required by the following

provisions of this National Policy Statement are amendments referred to in section 55(2)

of the Act (which, because of section 55(2A) of the Act, means that the changes must be

made without using a process in Schedule 1 of the Act):

(a) clause 3.22(1) (Natural inland wetlands)

(b) clause 3.24(1) (Rivers)

(d) clause 3.34 (Urban development in the Bay of Plenty).

(2) See clause 4.3(3) about changes that merely update wording or terminology.

1.8 Incorporation by reference

(1) Clause 2(1) of Schedule 1AA of the Act does not apply to any material incorporated by

reference in this National Policy Statement.

(2) However, clause 2(1) of Schedule 1AA of the Act does apply to the SmartGrowth Urban

Form and Transport Initiative Connected Centres Programme.

(3) All material incorporated by reference in this National Policy Statement is available at:

https://environment.govt.nz/acts-and-regulations/national-policy-statements/national-

policy-statement-freshwater-management/#material-incorporated-by-reference.

10 National Policy Statement for Freshwater Management 2020

Part 2: Objective and policies

2.1 Objective

(1) The objective of this National Policy Statement is to ensure that natural and physical

resources are managed in a way that prioritises:

(a) first, the health and well-being of water bodies and freshwater ecosystems

(b) second, the health needs of people (such as drinking water)

and cultural well-being, now and in the future.

2.2 Policies

Policy 1: Freshwater is managed in a way that gives effect to Te Mana o te Wai.

Policy 2: Tangata whenua are actively involved in freshwater management (including decision-

making processes), and Māori freshwater values are identified and provided for.

Policy 3: Freshwater is managed in an integrated way that considers the effects of the use

and development of land on a whole-of-catchment basis, including the effects on receiving

environments.

Policy 4: Freshwater is managed as part of New Zealand’s integrated response to climate

change.

Policy 5: Freshwater is managed (including through a National Objectives Framework) to

ensure that the health and well-being of degraded water bodies and freshwater ecosystems is

improved, and the health and well-being of all other water bodies and freshwater ecosystems

is maintained and (if communities choose) improved.

Policy 6: There is no further loss of extent of natural inland wetlands, their values are

protected, and their restoration is promoted.

Policy 7: The loss of river extent and values is avoided to the extent practicable.

Policy 8: The significant values of outstanding water bodies are protected.

Policy 9: The habitats of indigenous freshwater species are protected.

Policy 10: The habitat of trout and salmon is protected, insofar as this is consistent with Policy

Policy 11: Freshwater is allocated and used efficiently, all existing over-allocation is phased

out, and future over-allocation is avoided.

Policy 12: The national target (as set out in Appendix 3) for water quality improvement is

achieved.

Policy 13: The condition of water bodies and freshwater ecosystems is systematically

monitored over time, and action is taken where freshwater is degraded, and to reverse

deteriorating trends.

National Policy Statement for Freshwater Management 2020 11

Policy 14: Information (including monitoring data) about the state of water bodies and

freshwater ecosystems, and the challenges to their health and well-being, is regularly reported

on and published.

Policy 15: Communities are enabled to provide for their social, economic, and cultural well-

being in a way that is consistent with this National Policy Statement.

12 National Policy Statement for Freshwater Management 2020

Part 3: Implementation

3.1 Overview of Part

(1) This Part sets out a non-exhaustive list of things that local authorities must do to give

effect to the objective and policies in Part 2 of this National Policy Statement, but

nothing in this Part limits the general obligation under the Act to give effect to the

objective and policies in Part 2 of this National Policy Statement.

(2) Nothing in this Part:

(a) prevents a local authority adopting more stringent measures than required by this

National Policy Statement; or

(b) limits a local authority’s functions and duties under the Act in relation to

freshwater.

(3) In this Part:

(a) subpart 1 sets out how local authorities must implement this National Policy

Statement, particularly in relation to giving effect to Te Mana o te Wai

(b) subpart 2 sets out the National Objectives Framework for managing freshwater

freshwater management.

Subpart 1 Approaches to implementing the National

Policy Statement

3.2 Te Mana o te Wai

(1) Every regional council must engage with communities and tangata whenua to determine

how Te Mana o te Wai applies to water bodies and freshwater ecosystems in the region.

(2) Every regional council must give effect to Te Mana o te Wai, and in doing so must:

(a) actively involve tangata whenua in freshwater management (including decision-

making processes), as required by clause 3.4; and

(b) engage with communities and tangata whenua to identify long-term visions,

environmental outcomes, and other elements of the NOF; and

(i) when developing long-term visions under clause 3.3; and

(ii) when implementing the NOF under subpart 2; and

(iii) when developing objectives, policies, methods, and criteria for any purpose

under subpart 3 relating to natural inland wetlands, rivers, fish passage,

primary contact sites, and water allocation; and

(d) enable the application of a diversity of systems of values and knowledge, such as

mātauranga Māori, to the management of freshwater; and

National Policy Statement for Freshwater Management 2020 13

(e) adopt an integrated approach, ki uta ki tai, to the management of freshwater (see

clause 3.5).

(3) Every regional council must include an objective in its regional policy statement that

describes how the management of freshwater in the region will give effect to Te Mana o

te Wai.

(4) In addition to subclauses (1) to (3), Te Mana o te Wai must inform the interpretation of:

(a) this National Policy Statement; and

(b) the provisions required by this National Policy Statement to be included in

regional policy statements and regional and district plans.

3.3 Long-term visions for freshwater

(1) Every regional council must develop long-term visions for freshwater in its region and

include those long-term visions as objectives in its regional policy statement.

(2) Long-term visions:

(a) may be set at FMU, part of an FMU, or catchment level; and

(b) must set goals that are ambitious but reasonable (that is, difficult to achieve but

not impossible); and

(for example, 30 years after the commencement date).

(3) Every long-term vision must:

(a) be developed through engagement with communities and tangata whenua about

their long-term wishes for the water bodies and freshwater ecosystems in the

region; and

(b) be informed by an understanding of the history of, and environmental pressures

on, the FMU, part of the FMU, or catchment; and

or catchment to be like in the future.

(4) Every regional council must assess whether each FMU, part of an FMU, or catchment (as

relevant) can provide for its long-term vision, or whether improvement to the health

and well-being of water bodies and freshwater ecosystems is required to achieve the

vision.

3.4 Tangata whenua involvement

(1) Every local authority must actively involve tangata whenua (to the extent they wish to

be involved) in freshwater management (including decision-making processes), including

in all the following:

(a) identifying the local approach to giving effect to Te Mana o te Wai

(b) making or changing regional policy statements and regional and district plans so

far as they relate to freshwater management

14 National Policy Statement for Freshwater Management 2020

(d) developing and implementing mātauranga Māori and other monitoring.

(2) In particular, and without limiting subclause (1), for the purpose of implementing the

NOF, every regional council must work collaboratively with, and enable, tangata whenua

to:

(a) identify any Māori freshwater values (in addition to mahinga kai) that apply to any

FMU or part of an FMU in the region; and

(b) be actively involved (to the extent they wish to be involved) in decision-making

processes relating to Māori freshwater values at each subsequent step of the NOF

process.

(3) Every regional council must work with tangata whenua to investigate the use of

mechanisms available under the Act, to involve tangata whenua in freshwater

management, such as:

(a) transfers or delegations of power under section 33 of the Act

(b) joint management agreements under section 36B of the Act

5 of the Act.

(4) To avoid doubt, nothing in this National Policy Statement permits or requires a local

authority to act in a manner that is, or make decisions that are, inconsistent with any

relevant iwi participation legislation or any directions or visions under that legislation.

3.5 Integrated management

(1) Adopting an integrated approach, ki uta ki tai, as required by Te Mana o te Wai, requires

that local authorities must:

(a) recognise the interconnectedness of the whole environment, from the mountains

and lakes, down the rivers to hāpua (lagoons), wahapū (estuaries) and to the sea;

and

(b) recognise interactions between freshwater, land, water bodies, ecosystems, and

receiving environments; and

integrated and sustainable way to avoid, remedy, or mitigate adverse effects,

including cumulative effects, on the health and well-being of water bodies,

freshwater ecosystems, and receiving environments; and

(d) encourage the co-ordination and sequencing of regional or urban growth.

(2) Every regional council must make or change its regional policy statement to the extent

needed to provide for the integrated management of the effects of:

(a) the use and development of land on freshwater; and

(b) the use and development of land and freshwater on receiving environments.

(3) In order to give effect to this National Policy Statement, local authorities that share

jurisdiction over a catchment must co-operate in the integrated management of the

effects of land use and development on freshwater.

National Policy Statement for Freshwater Management 2020 15

(4) Every territorial authority must include objectives, policies, and methods in its district

plan to promote positive effects, and avoid, remedy, or mitigate adverse effects

(including cumulative effects), of urban development on the health and well-being of

water bodies, freshwater ecosystems, and receiving environments.

3.6 Transparent decision-making

(1) This clause applies to all decisions made by regional councils in giving effect to this

National Policy Statement, including but not limited to decisions relating to clauses 3.4

and 3.15.

(2) Every regional council must:

(a) record matters considered and all decisions reached; and

(b) specify the reasons for each decision reached; and

decision, as soon as practicable after the decision is reached, unless publication

would be contrary to any other legal obligation.

(3) In this clause, decision includes a decision not to decide on, or to postpone deciding, any

substantive issue and, in relation to decisions about mechanisms to involve tangata

whenua in freshwater management, includes a decision to use or not use a mechanism.

(4) The obligation in this clause is in addition to any other requirement under the Act

relating to processes for making or changing regional policy statements or regional

plans; but where the requirements of this clause are already met by complying with the

requirements under the Act (for example, by publishing a report under section 32 of the

Act), no additional action is required by this clause.

Subpart 2 National Objectives Framework

3.7 NOF process

(1) At each step of the NOF process, every regional council must:

(a) engage with communities and tangata whenua; and

(b) apply the hierarchy of obligations set out in clause 1.3(5), as required by clause

3.2(2)(c).

(2) By way of summary, the NOF process requires regional councils to undertake the

following steps:

(a) identify FMUs in the region (clause 3.8)

(b) identify values for each FMU (clause 3.9)

regional plans (clause 3.9)

(d) identify attributes for each value and identify baseline states for those attributes

(clause 3.10)

(e) set target attribute states, environmental flows and levels, and other criteria to

support the achievement of environmental outcomes (clauses 3.11, 3.13, 3.16)

16 National Policy Statement for Freshwater Management 2020

(f) set limits as rules and prepare action plans (as appropriate) to achieve

environmental outcomes (clauses 3.12, 3.15, 3.17).

(3) The NOF also requires that regional councils:

(a) monitor water bodies and freshwater ecosystems (clauses 3.18 and 3.19); and

(b) take action if degradation is detected (clause 3.20).

3.8 Identifying FMUs and special sites and features

(1) Every regional council must identify FMUs for its region.

(2) Every water body in the region must be located within at least one FMU.

(3) Every regional council must also identify the following (if present) within each FMU:

(a) sites to be used for monitoring

(b) primary contact sites

(d) outstanding water bodies

(e) natural inland wetlands.

(4) Monitoring sites for an FMU must be located at sites that are either or both of the

following:

(a) representative of the FMU or relevant part of the FMU

(b) representative of one or more primary contact sites in the FMU.

(5) Monitoring sites relating to Māori freshwater values:

(a) need not comply with subclause (4), but may instead reflect one or more Māori

freshwater values; and

(b) must be determined in collaboration with tangata whenua.

3.9 Identifying values and setting environmental outcomes as

objectives

(1) The compulsory values listed in Appendix 1A apply to every FMU, and the requirements

in this subpart relating to values apply to each of the 5 biophysical components of the

value Ecosystem health.

(2) A regional council may identify other values applying to an FMU or part of an FMU, and

must in every case consider whether the values listed in Appendix 1B apply.

(3) The regional council must identify an environmental outcome for every value that

applies to an FMU or part of an FMU.

(4) The regional council must include the environmental outcomes as an objective, or

multiple objectives, in its regional plan.

(5) The environmental outcomes must:

National Policy Statement for Freshwater Management 2020 17

(a) describe the environmental outcome sought for the value in a way that enables

an assessment of the effectiveness of the regional policy statement and plans

(including limits and methods) and action plans in achieving the environmental

outcome; and

(b) when achieved, fulfil the relevant long-term visions developed under clause 3.3

and the objective of this National Policy Statement.

3.10 Identifying attributes and their baseline states, or other criteria

for assessing achievement of environmental outcomes

(1) For each value that applies to an FMU or part of an FMU, the regional council:

(a) must use all the relevant attributes identified in Appendix 2A and 2B for the

compulsory values listed (except where specifically provided otherwise); and

(b) may identify other attributes for any compulsory value; and

(d) if attributes cannot be identified for a value, or if attributes are insufficient to

assess a value, must identify alternative criteria to assess whether the

environmental outcome of the value is being achieved.

(2) Any attribute identified by a regional council under subclause (1)(b) or (c) must be

specific and, where practicable, be able to be assessed in numeric terms.

(3) Every regional council must identify the baseline state of each attribute.

(4) Attribute states and baseline states may be expressed in a way that accounts for natural

variability and sampling error.

3.11 Setting target attribute states

(1) In order to achieve the environmental outcomes included as objectives under clause 3.9,

every regional council must:

(a) set a target attribute state for every attribute identified for a value; and

(b) identify the site or sites to which the target attribute state applies.

(2) The target attribute state for every value with attributes (except the value human

contact) must be set at or above the baseline state of that attribute.

(3) The target attribute state for the value human contact must be set above the baseline

state of that attribute, unless the baseline state is already within the A band of Tables 9

or 10 in Appendix 2A, as applicable.

(4) If the baseline state of an attribute is below any national bottom line for that attribute,

the target attribute state must be set at or above the national bottom line (see clauses

3.31, 3.32, and 3.33 for exceptions to this).

(5) Every target attribute state must:

18 National Policy Statement for Freshwater Management 2020

(a) specify a timeframe for achieving the target attribute state or, if the target

attribute state has already been achieved, state that it will be maintained as from

a specified date; and

(b) for attributes identified in Appendix 2A or 2B, be set in the terms specified in the

relevant Appendix; and

(6) Timeframes for achieving target attribute states may be of any length or period but, if

timeframes are long term:

(a) they must include interim target attribute states (set for intervals of not more

than 10 years) to be used to assess progress towards achieving the target

attribute state in the long term; and

(b) if interim target attribute states are set, references in this National Policy

Statement to achieving a target attribute state can be taken as referring to

achieving the next interim target attribute state.

(7) Every regional council must ensure that target attribute states are set in such a way that

they will achieve the environmental outcomes for the relevant values, and the relevant

long-term vision.

(8) When setting target attribute states, every regional council must:

(a) have regard to the following:

(i) the environmental outcomes and target attribute states of any receiving

environments

(ii) the connections between water bodies

(iii) the connection of water bodies to receiving environments; and

(b) take into account results or information from freshwater accounting systems (see

clause 3.29).

3.12 How to achieve target attribute states and environmental

outcomes

(1) In order to achieve target attribute states for the attributes in Appendix 2A, and the

nutrient outcomes needed to achieve target attribute states (see clause 3.13), every

regional council:

(a) must identify limits on resource use that will achieve:

(i) the target attribute states; and

(ii) any nutrient outcomes needed to achieve target attribute states; and

(b) must include those limits as rules in its regional plan; and

(d) may impose conditions on resource consents to achieve target attribute states or

any nutrient outcomes needed to achieve target attribute states.

(2) In order to achieve target attribute states for the attributes in Appendix 2B, every

regional council:

National Policy Statement for Freshwater Management 2020 19

(a) must prepare an action plan for achieving the target attribute states within a

specified timeframe; and

(b) may identify limits on resource use and include them as rules in its regional plan;

and

(3) In order to achieve any other target attribute states or otherwise support the

achievement of environmental outcomes, a regional council must do at least one of the

following:

(a) identify limits on resource use and include them as rules in its regional plan

(b) prepare an action plan

(4) Where the same attribute provides for more than one value, it is the most stringent

target attribute state applying to those values that must be achieved.

3.13 Special provisions for attributes affected by nutrients

(1) To achieve a target attribute state for any nutrient attribute, and any attribute affected

by nutrients, every regional council must, at a minimum, set appropriate instream

concentrations and exceedance criteria, or instream loads, for nitrogen and phosphorus.

(2) Where there are nutrient-sensitive downstream receiving environments, the instream

concentrations and exceedance criteria, or the instream loads, for nitrogen and

phosphorus for the upstream contributing water bodies must be set so as to achieve the

environmental outcomes sought for the nutrient-sensitive downstream receiving

environments.

(3) In setting instream concentrations and exceedance criteria, or instream loads, for

nitrogen and phosphorus under this clause, the regional council must determine the

most appropriate form(s) of nitrogen and phosphorus to be managed for the receiving

environment.

(4) Every regional council must adopt the instream concentrations and exceedance criteria,

or instream loads, set under subclauses (1) and (2) as nutrient outcomes needed to

achieve target attribute states.

(5) Examples of attributes affected by nutrients include periphyton, dissolved oxygen

(Appendix 2A, Tables 2 and 7 and Appendix 2B, Tables 17, 18, and 19), submerged plants

(invasive species) (Appendix 2B, Table 12), fish (rivers) (Appendix 2B, Table 13),

macroinvertebrates (Appendix 2B, Tables 14 and 15), and ecosystem metabolism

(Appendix 2B, Table 21).

3.14 Setting limits on resource use

(1) Limits on resource use may:

(a) apply to any activity or land use; and

20 National Policy Statement for Freshwater Management 2020

(b) apply at any scale (such as to all or any part of an FMU, or to a specific water body

or individual property); and

(i) a land-use control (such as a control on the extent of an activity)

(ii) an input control (such as an amount of fertiliser that may be applied)

(iii) an output control (such as a volume or rate of discharge); and

(d) describe the circumstances in which the limit applies.

(2) In setting limits on resource use, every regional council must:

(a) have regard to the following:

(i) the long-term vision set under clause 3.3

(ii) the foreseeable impacts of climate change; and

(b) take into account results or information from freshwater accounting systems.

3.15 Preparing action plans

(1) Action plans prepared for the purpose of this National Policy Statement may:

(a) be prepared for whole FMUs, parts of FMUs, or multiple FMUs; and

(b) set out a phased approach to achieving environmental outcomes; and

(2) An action plan may describe both regulatory measures (such as proposals to amend

regional policy statements and plans, and actions taken under the Biosecurity Act 1993

or other legislation) and non-regulatory measures (such as work plans and partnership

arrangements with tangata whenua and community groups).

(3) If an action plan is prepared for the purpose of achieving a specific target attribute state

or otherwise supporting the achievement of environmental outcomes it must:

(a) identify the environmental outcome that the target attribute state is aimed at

achieving; and

(b) set out how the regional council will (or intends) to achieve the target attribute

state.

(4) Action plans:

(a) must be published as soon as practicable; and

(b) may be published either by appending them to a regional plan or by publishing

them separately.

(5) Before preparing an action plan, or amending an action plan other than in a minor way,

the regional council must consult with communities and tangata whenua.

(6) Every action plan, or part of an action plan, prepared for the purpose of this National

Policy Statement must be reviewed within 5 years after the action plan or part of the

action plan is published.

National Policy Statement for Freshwater Management 2020 21

3.16 Setting environmental flows and levels

(1) Every regional council must include rules in its regional plan that set environmental

flows and levels for each FMU, and may set different flows and levels for different parts

of an FMU.

(2) Environmental flows and levels:

(a) must be set at a level that achieves the environmental outcomes for the values

relating to the FMU or relevant part of the FMU and all relevant long-term visions;

but

(b) may be set and adapted over time to take a phased approach to achieving those

environmental outcomes and long-term visions.

(3) Environmental flows and levels must be expressed in terms of the water level and flow

rate, and may include variability of flow (as appropriate to the water body) at which:

(a) for flows and levels in rivers: any taking, damming, diversion, or discharge of

water meets the environmental outcomes for the river, any connected water

body, and receiving environments

(b) for levels of lakes: any taking, damming, diversion or discharge of water meets the

environmental outcomes for the lake, any connected water body, and receiving

environments

environmental outcomes for the groundwater, any connected water body, and

receiving environments.

(4) When setting environmental flows and levels, every regional council must:

(a) have regard to the foreseeable impacts of climate change; and

(b) take into account results or information from freshwater accounting systems.

3.17 Identifying take limits

(1) In order to meet environmental flows and levels, every regional council:

(a) must identify take limits for each FMU; and

(b) must include the take limits as rules in its regional plan; and

permits will be reviewed to comply with environmental flows and levels; and

(d) may impose conditions on resource consents.

(2) Take limits must be expressed as a total volume, a total rate, or both a total volume and

a total rate, at which water may be:

(a) taken or diverted from an FMU or part of an FMU; or

(b) dammed in an FMU or part of an FMU.

(3) Where a regional plan or any resource consent allows the taking, damming, diversion or

discharge of water, the plan or resource consent must identify the flows and levels at

which:

22 National Policy Statement for Freshwater Management 2020

(a) the allowed taking, damming, or diversion will be restricted or no longer allowed;

(b) a discharge will be required.

(4) Take limits must be identified that:

(a) provide for flow or level variability that meets the needs of the relevant water

body and connected water bodies, and their associated ecosystems; and

(b) safeguard ecosystem health from the effects of the take limit on the frequency

and duration of lowered flows or levels; and

(d) take into account the environmental outcomes applying to relevant water bodies

and any connected water bodies (such as aquifers and downstream surface water

bodies), whether in the same or another region.

3.18 Monitoring

(1) Every regional council must establish methods for monitoring progress towards

achieving target attributes states and environmental outcomes.

(2) The methods must include measures of:

(a) mātauranga Māori; and

(b) the health of indigenous flora and fauna.

(3) Monitoring methods must recognise the importance of long-term trends, and the

relationship between results and their contribution to evaluating progress towards

achieving long-term visions and environmental outcomes for FMUs and parts of FMUs.

3.19 Assessing trends

(1) In order to assess trends in attribute states (that is, whether improving or deteriorating),

every regional council must:

(a) determine the appropriate period for assessment (which must be the period

specified in the relevant attribute table in Appendix 2A or 2B, if given); and

(b) determine the minimum sampling frequency and distribution of sampling dates

(which must be the frequency and distribution specified in the relevant attribute

table in Appendix 2A or 2B, if given); and

(2) If a deteriorating trend is more likely than not, the regional council must:

(a) investigate the cause of the trend; and

(b) consider the likelihood of the deteriorating trend, the magnitude of the trend, and

the risk of adverse effects on the environment.

(3) If a deteriorating trend that is the result of something other than a naturally occurring

process is detected, any part of an FMU to which the attribute applies is degrading and

clause 3.20 applies.

National Policy Statement for Freshwater Management 2020 23

(4) If a trend assessment cannot identify a trend because of insufficient monitoring, the

regional council must make any practicable changes to the monitoring regime that will

or are likely to help detect trends in that attribute state.

3.20 Responding to degradation

(1) If a regional council detects that an FMU or part of an FMU is degraded or degrading, it

must, as soon as practicable, take action to halt or reverse the degradation (for example,

by making or changing a regional plan, or preparing an action plan).

(2) Any action taken in response to a deteriorating trend must be proportionate to

the likelihood and magnitude of the trend, the risk of adverse effects on the

environment, and the risk of not achieving target attribute states.

(3) Every action plan prepared under this clause must include actions to identify the

causes of the deterioration, methods to address those causes, and an evaluation of

the effectiveness of the methods.

Subpart 3 Specific requirements

3.21 Definitions relating to wetlands and rivers

(1) In clauses 3.21 to 3.24, and 3.34:

biosecurity means activities to eliminate or manage pests and unwanted organisms (as those

terms are defined in the Biosecurity Act 1993)

effects management hierarchy, in relation to natural inland wetlands and rivers, means an

approach to managing the adverse effects of an activity on the extent or values of a wetland or

river (including cumulative effects and loss of potential value) that requires that:

(a) adverse effects are avoided where practicable; then

(b) where adverse effects cannot be avoided, they are minimised where practicable;

then

practicable; then

(d) where more than minor residual adverse effects cannot be avoided, minimised, or

remedied, aquatic offsetting is provided where possible; then

(e) if aquatic offsetting of more than minor residual adverse effects is not possible,

aquatic compensation is provided; then

(f) if aquatic compensation is not appropriate, the activity itself is avoided

functional need means the need for a proposal or activity to traverse, locate or operate in a

particular environment because the activity can only occur in that environment

loss of value, in relation to a natural inland wetland or river, means the wetland or river is less

able to provide for the following existing or potential values:

(a) any value identified for it under the NOF process

(b) any of the following values, whether or not they are identified under the NOF

process:

24 National Policy Statement for Freshwater Management 2020

(i) ecosystem health

(ii) indigenous biodiversity

(iii) hydrological functioning

(iv) Māori freshwater values

(v) amenity values

natural inland wetland means a wetland (as defined in the Act) that is not:

(a) in the coastal marine area; or

(b) a deliberately constructed wetland, other than a wetland constructed to offset

impacts on, or to restore, an existing or former natural inland wetland; or

since the construction of the water body; or

(d) a geothermal wetland; or

(e) a wetland that:

(i) is within an area of pasture used for grazing; and

(ii) has vegetation cover comprising more than 50% exotic pasture species (as

identified in the National List of Exotic Pasture Species using the Pasture

Exclusion Assessment Methodology (see clause 1.8)); unless

(iii) the wetland is a location of a habitat of a threatened species identified

under clause 3.8 of this National Policy Statement, in which case the

exclusion in (e) does not apply

restoration, in relation to a natural inland wetland, means active intervention and

management, appropriate to the type and location of the wetland, aimed at restoring its

ecosystem health, indigenous biodiversity, or hydrological functioning

ski area infrastructure means infrastructure necessary for the operation of a ski area and

includes: transport mechanisms (such as aerial and surface lifts, roads, and tracks); facilities for

the loading or unloading of passengers or goods; facilities or systems for water, sewerage,

electricity, and gas; communications networks; and snowmaking and snow safety systems

specified infrastructure means any of the following:

(a) infrastructure that delivers a service operated by a lifeline utility (as defined in the

Civil Defence Emergency Management Act 2002)

(b) regionally significant infrastructure identified as such in a regional policy

statement or regional plan

(d) any public flood control, flood protection, or drainage works carried out:

(i) by or on behalf of a local authority, including works carried out for the

purposes set out in section 133 of the Soil Conservation and Rivers Control

Act 1941; or

(ii) for the purpose of drainage by drainage districts under the Land Drainage

Act 1908

(e) defence facilities operated by the New Zealand Defence Force to meet its

obligations under the Defence Act 1990

National Policy Statement for Freshwater Management 2020 25

(f) ski area infrastructure

wetland maintenance means activities (such as weed control) which prevent the

deterioration, or preserve the existing state, of a wetland’s ecosystem health, indigenous

biodiversity or hydrological functioning

(2) For the purpose of the definition of effects management hierarchy:

aquatic compensation means a conservation outcome resulting from actions that are intended

to compensate for any more than minor residual adverse effects on a wetland or river after all

appropriate avoidance, minimisation, remediation, and aquatic offset measures have been

sequentially applied

aquatic offset means a measurable conservation outcome resulting from actions that are

intended to:

(a) redress any more than minor residual adverse effects on a wetland or river after

all appropriate avoidance, minimisation, and remediation, measures have been

sequentially applied; and

(b) achieve no net loss, and preferably a net gain, in the extent and values of the

wetland or river, where:

(i) no net loss means that the measurable positive effects of actions match

any loss of extent or values over space and time, taking into account the

type and location of the wetland or river; and

(ii) net gain means that the measurable positive effects of actions exceed the

point of no net loss.

3.22 Natural inland wetlands

(1) Every regional council must include the following policy (or words to the same effect) in

its regional plan:

“The loss of extent of natural inland wetlands is avoided, their values are protected,

and their restoration is promoted, except where:

(a) the loss of extent or values arises from any of the following:

(i) the customary harvest of food or resources undertaken in accordance with tikanga

Māori

(ii) wetland maintenance, restoration, or biosecurity (as defined in the National Policy

Statement for Freshwater Management)

(iii) scientific research

(iv) the sustainable harvest of sphagnum moss

(v) the construction or maintenance of wetland utility structures (as defined in the

Resource Management (National Environmental Standards for Freshwater)

Regulations 2020)

(vi) the maintenance or operation of specified infrastructure, or other infrastructure (as

defined in the Resource Management (National Environmental Standards for

Freshwater) Regulations 2020

(vii) natural hazard works (as defined in the Resource Management (National

Environmental Standards for Freshwater) Regulations 2020); or

(b) the regional council is satisfied that:

(i) the activity is necessary for the purpose of the construction or upgrade of specified

infrastructure; and

26 National Policy Statement for Freshwater Management 2020

(ii) the specified infrastructure will provide significant national or regional benefits; and

(iii) there is a functional need for the specified infrastructure in that location; and

(iv) the effects of the activity are managed through applying the effects management

hierarchy; or

(i) the activity is necessary for the purpose of urban development that contributes to

a well-functioning urban environment (as defined in the National Policy Statement

on Urban Development); and

(ii) the urban development will provide significant national, regional or district

benefits; and

(iii) the activity occurs on land identified for urban development in operative provisions

of a regional or district plan; and

(iv) the activity does not occur on land that is zoned in a district plan as general rural,

rural production, or rural lifestyle; and

(v) there is either no practicable alternative location for the activity within the area of

the development, or every other practicable location in the area of the

development would have equal or greater adverse effects on a natural inland

wetland; and

(vi) the effects of the activity will be managed through applying the effects

management hierarchy; or

(d) the regional council is satisfied that:

(i) the activity is necessary for the purpose of quarrying activities; and

(ii) the extraction of the aggregate will provide significant national or regional benefits;

and

(iii) there is a functional need for the activity to be done in that location; and

(iv) the effects of the activity will be managed through applying the effects

management hierarchy; or

(e) the regional council is satisfied that:

(i) the activity is necessary for the purpose of:

(A) the extraction of minerals (other than coal) and ancillary activities; or

(B) the extraction of coal and ancillary activities as part of the operation or

extension of an existing coal mine; and

(ii) the extraction of the mineral will provide significant national or regional benefits;

and

(iii) there is a functional need for the activity to be done in that location; and

(iv) the effects of the activity will be managed through applying the effects

management hierarchy; or

(f) the regional council is satisfied that:

(i) the activity is necessary for the purpose of constructing or operating a new or

existing landfill or cleanfill area; and

(ii) the landfill or cleanfill area:

(A) will provide significant national or regional benefits; or

(B) is required to support urban development as referred to in paragraph (c); or

National Policy Statement for Freshwater Management 2020 27

(d); or

(D) is required to support the extraction of minerals as referred to in paragraph

(e); and

(iii) there is either no practicable alternative location in the region, or every other

practicable alternative location in the region would have equal or greater adverse

effects on a natural inland wetland; and

(iv) the effects of the activity will be managed through applying the effects

management hierarchy.”

(2) Subclause (3) applies to an application for a consent for an activity that:

(a) is for a purpose referred to in subclause (1)(a) to (f), other than the purpose

referred to in paragraph (1)(a)(i); and

(b) would result (directly or indirectly) in the loss of extent or values of a natural

inland wetland.

(3) Every regional council must make or change its regional plan to ensure that an

application referred to in subclause (2) is not granted unless:

(a) the council is satisfied that:

(i) the applicant has demonstrated how each step of the effects management

hierarchy will be applied to any loss of extent or values of the wetland

(including cumulative effects and loss of potential value), particularly

(without limitation) in relation to the values of: ecosystem health,

indigenous biodiversity, hydrological functioning, Māori freshwater values,

and amenity values; and

(ii) if aquatic offsetting or aquatic compensation is applied, the applicant has

complied with principles 1 to 6 in Appendix 6 and 7, and has had regard to

the remaining principles in Appendix 6 and 7, as appropriate, and

(iii) there are methods or measures that will ensure that the offsetting or

compensation will be maintained and managed over time to achieve the

conservation outcomes; and

(b) any consent granted is subject to:

(i) conditions that apply the effects management hierarchy; and

(ii) a condition requiring monitoring of the wetland at a scale commensurate

with the risk of the loss of extent or values of the wetland; and

(iii) conditions that specify how the requirements in (a)(iii) will be achieved.

(4) Every regional council must make or change its regional plan to include objectives,

policies, and methods that provide for and promote the restoration of natural inland

wetlands in its region, with a particular focus on restoring the values of ecosystem

health, indigenous biodiversity, hydrological functioning, Māori freshwater values, and

amenity values.

3.23 Mapping and monitoring natural inland wetlands

(1) Every regional council must identify and map every natural inland wetland in its region

that is:

28 National Policy Statement for Freshwater Management 2020

(a) 0.05 hectares or greater in extent; or

(b) of a type that is naturally less than 0.05 hectares in extent (such as an ephemeral

wetland) and known to contain threatened species.

(2) However, a regional council need not identify and map natural inland wetlands located

in public conservation lands or waters (as that term is defined in the Conservation

General Policy 2005 issued under the Conservation Act 1987).

(3) In case of uncertainty or dispute about the existence or extent of a natural inland

wetland, a regional council must have regard to the Wetland Delineation Protocols (see

clause 1.8).

(4) The mapping of natural inland wetlands must be completed within 10 years of the

commencement date, and the regional council must prioritise its mapping, for example

by:

(a) first, mapping any wetland at risk of loss of extent or values; then

(b) mapping any wetland identified in a farm environment plan, or that may be

affected by an application for, or review of, a resource consent; then

(5) Every regional council must establish and maintain an inventory of all natural inland

wetlands mapped under this clause, and the inventory:

(a) must include, at a minimum, the following information about each wetland:

(i) identifier and location

(ii) area and GIS polygon

(iii) classification of wetland type

(iv) any existing monitoring information; and

(b) may include any other information (such as an assessment of the values applying

to the wetland and any new information obtained from monitoring).

(6) Every regional council must:

(a) develop and undertake a monitoring plan that:

(i) monitors the condition of its natural inland wetlands (including, if the

council chooses, wetlands referred to in subclause (2)); and

(ii) contains sufficient information to enable the council to assess whether its

policies, rules, and methods are ensuring no loss of extent or values of

those wetlands; and

(b) have methods to respond if loss of extent or values is detected.

3.24 Rivers

(1) Every regional council must include the following policy (or words to the same effect) in

its regional plan:

“The loss of river extent and values is avoided, unless the council is satisfied that:

(a) there is a functional need for the activity in that location; and

National Policy Statement for Freshwater Management 2020 29

(b) the effects of the activity are managed by applying the effects management

hierarchy.”

(2) Subclause (3) applies to an application for a consent for an activity:

(a) that falls within the exception to the policy described in subclause (1); and

(b) would result (directly or indirectly) in the loss of extent or values of a river.

(3) Every regional council must make or change its regional plan to ensure that an

application referred to in subclause (2) is not granted unless:

(a) the council is satisfied that:

(i) the applicant has demonstrated how each step in the effects management

hierarchy will be applied to any loss of extent or values of the river

(including cumulative effects and loss of potential value), particularly

(without limitation) in relation to the values of: ecosystem health,

indigenous biodiversity, hydrological functioning, Māori freshwater values,

and amenity; and

(ii) if aquatic offsetting or aquatic compensation is applied, the applicant has

complied with principles 1 to 6 in Appendix 6 and 7, and has had regard to

the remaining principles in Appendix 6 and 7, as appropriate; and

(iii) there are methods or measures that will ensure that the offsetting or

compensation will be maintained and managed over time to achieve the

conservation outcomes; and

(b) any consent granted is subject to:

(i) conditions that apply the effects management hierarchy; and

(ii) conditions that specify how the requirements in (a)(iii) will be achieved.

(4) Every regional council must:

(a) develop and undertake a monitoring plan:

(i) to monitor the condition of its rivers; and

(ii) that contains sufficient information to enable the council to assess whether

its policies, rules, and methods are ensuring no loss of extent or values of

the rivers; and

(b) have methods to respond if loss of extent or values is detected.

3.25 Deposited sediment in rivers

(1) If a site to which a target attribute state for deposited fine sediment applies (see Table

16 in Appendix 2B) is soft-bottomed, the regional council must determine whether the

site is naturally soft-bottomed or is naturally hard-bottomed.

(2) If a regional council determines that a site that is currently soft-bottomed is naturally

hard-bottomed, the council must:

(a) monitor deposited sediment at the site using the SAM2 method at least once a

year (instead of at the frequency required by Table 16 in Appendix 2B); and

30 National Policy Statement for Freshwater Management 2020

(b) monitor freshwater habitat in a manner suitable to the current state of the site

(that is, as soft-bottomed); and

appropriate to return the site to a hard-bottomed state; and

(d) if it is appropriate to return the site to a hard-bottomed state, prepare an action

plan for how to do that.

(3) In this clause:

soft-bottomed means a site where the bed has a greater than 50% coverage of deposited fine

sediment (grain size less than 2 mm in diameter) as determined using the SAM2 method

hard-bottomed means a site that is not soft-bottomed

naturally, in relation to a site, means its state before the arrival of humans in New Zealand

SAM2 method means the method described at p 17 – 20 of Clapcott JE, Young RG, Harding JS,

Matthaei CD, Quinn JM, and Death RG. 2011. Sediment Assessment Methods: Protocols and

guidelines for assessing the effects of deposited fine sediment on in-stream values. Cawthron

Institute: Nelson, New Zealand (see clause 1.8).

3.26 Fish passage

(1) Every regional council must include the following fish passage objective (or words to the

same effect) in its regional plan:

“The passage of fish is maintained, or is improved, by instream structures, except

where it is desirable to prevent the passage of some fish species in order to protect

desired fish species, their life stages, or their habitats.”

(2) Every regional council must make or change its regional plan to include policies that:

(a) identify the desired fish species, and their relevant life stages, for which instream

structures must provide passage; and

(b) identify the undesirable fish species whose passage can or should be prevented;

and

identified; and

(d) identify rivers and receiving environments where fish passage for undesirable fish

species is to be impeded in order to manage their adverse effects on fish

populations upstream or downstream of any barrier.

(3) When developing the policies required by subclause (2) a regional council must:

(a) take into account any Freshwater Fisheries Management Plans and Sports Fish

and Game Management Plans approved by the Minister of Conservation under

the Conservation Act 1987; and

(b) seek advice from the Department of Conservation and statutory fisheries

managers regarding fish habitat and population management.

(4) Every regional council must make or change its regional plan to require that regard is

had to at least the following when considering an application for a consent relating to an

instream structure:

National Policy Statement for Freshwater Management 2020 31

(a) the extent to which it provides, and will continue to provide for the foreseeable

life of the structure, for the fish passage objective in subclause (1)

(b) the extent to which it does not cause a greater impediment to fish movements

than occurs in adjoining river reaches and receiving environments

undesirable fish species, at all their life stages

(d) the extent to which it provides the physical and hydraulic conditions necessary for

the passage of fish

(e) any proposed monitoring and maintenance plan for ensuring that the structure

meets the fish passage objective in subclause (1) now and in the future.

(5) Every regional council must make or change its regional plan to promote the

remediation of existing structures and the provision of fish passage (other than for

undesirable fish species) where practicable.

(6) Every regional council must prepare an action plan to support the achievement of the

fish passage objective in subclause (1), and the action plan must, at a minimum:

(a) set out a work programme to improve the extent to which existing instream

structures achieve the fish passage objective; and

(b) set targets for remediation of existing instream structures; and

abundance and diversity of fish.

(7) The work programme in an action plan must, at a minimum:

(a) identify instream structures in the region by recording, for each structure:

(i) all the information in Part 1 of Appendix 4; and

(ii) any other information about the structure, such as the information in Part 2

of Appendix 4; and

(b) evaluate the risks that instream structures present as an undesirable barrier to

fish passage; and

table 5.1, of the New Zealand Fish Passage Guidelines (see clause 1.8); and

(d) document the structures or locations that have been prioritised, the remediation

that is required to achieve the desired outcome, and how and when this will be

achieved; and

(e) identify the structures that have been remediated since the commencement date;

and

(f) specify how the ongoing performance of remediated structures will be monitored

and evaluated, including the effects of the structure on the abundance and

diversity of desired fish species.

(8) An action plan for fish passage may be part of, or separate from, an action plan prepared

for any purpose under this Part, but clause 3.15, about preparing action plans, applies in

either case.

32 National Policy Statement for Freshwater Management 2020

3.27 Primary contact sites

(1) Every regional council must monitor primary contact sites for:

(a) their risk to human health; and

(b) their suitability for the activities that take place in them (for example, by

monitoring whether there is slippery or unpleasant weed growth, and the visual

clarity of the water).

(2) For every primary contact site in an FMU, the regional council must identify one or more

monitoring sites representative of the primary contact site or a number of primary

contact sites.

(3) Every regional council must identify, for each primary contact site in its region, a time

period (a bathing season) during the year when the regional council considers that the

site is regularly used, or would be regularly used but for existing freshwater quality, for

recreational activities.

(4) During the bathing season for primary contact sites, every regional council must

undertake weekly sampling for E. coli at each relevant monitoring site.

(5) However, if a single sample taken during the bathing season from a monitoring site is

greater than 260 E. coli per 100 mL, the regional council must (unless the council is

satisfied that the elevated result is temporary or the cause is being addressed):

(a) increase sampling frequency to daily, where practicable; and

(b) take all practicable steps to identify potential causes of microbial contamination.

(6) If a single sample from a monitoring site is greater than 540 E. coli per 100 mL, the

regional council must, as soon as practicable, take all practicable steps to notify the

public and keep the public informed that the site is unsuitable for primary contact, until

further sampling shows a result of 540 E. coli per 100 mL or less.

(7) A regional council may comply with subclause (6) by, for example, erecting signs and

publicising the situation, or liaising with an environmental health officer or other

relevant body or person to co-ordinate how to inform the public about the situation.

3.28 Water allocation

(1) Every regional council must make or change its regional plan to include criteria for:

(a) deciding applications to approve transfers of water take permits; and

(b) deciding how to improve and maximise the efficient allocation of water (which

includes economic, technical, and dynamic efficiency).

(2) Every regional council must include methods in its regional plan to encourage the

efficient use of water.

3.29 Freshwater accounting systems

(1) Every regional council must operate and maintain, for every FMU:

(a) a freshwater quality accounting system; and

National Policy Statement for Freshwater Management 2020 33

(b) a freshwater quantity accounting system.

(2) The purpose of the accounting systems is to provide the baseline information required:

(a) for setting target attribute states, environmental flows and levels, and limits; and

(b) to assess whether an FMU is, or is expected to be, over-allocated; and

discharges and changes in land use).

(3) The accounting systems must be maintained at a level of detail commensurate with

the significance of the water quality or quantity issues applicable to each FMU or part

of an FMU.

(4) Every regional council must publish information from those systems regularly and in a

suitable form.

(5) The freshwater quality accounting system must (where practicable) record, aggregate,

and regularly update, for each FMU, information on the measured, modelled, or

estimated:

(a) loads and concentrations of relevant contaminants; and

(b) where a contaminant load has been set as part of a limit on resource use, or

identified as necessary to achieve a target attribute state, the proportion of the

contaminant load that has been allocated; and

(d) the amount of each contaminant attributable to each source.

(6) The freshwater quantity accounting system must record, aggregate, and regularly

update, for each FMU, information on the measured, modelled, or estimated:

(a) amount of freshwater take; and

(b) the proportion of freshwater taken by each major category of use; and

allocated.

(7) In this clause, freshwater take refers to all takes and forms of water consumption,

whether metered or not, whether subject to a consent or not, and whether authorised

or not.

3.30 Assessing and reporting

(1) Every regional council must publish the following annually:

(a) actual data, or a link to those data, about each component of the value ecosystem

health and the value human contact, as obtained from monitoring sites for the

relevant attributes; and if no data has been collected in relation to any attribute,

this must be identified

(b) actual data, or a link to those data, from any other monitoring done for the

purpose of freshwater management

34 National Policy Statement for Freshwater Management 2020

(2) As part of each review required by section 35(2A) of the Act (which is required at least

every 5 years), every regional council must prepare and publish the following:

(a) an assessment of the extent to which, in the region:

(i) the long-term visions, as identified under clause 3.3, are being achieved;

and

(ii) this National Policy Statement is being given effect to

(b) a comparison of the current state of attributes as compared with target attribute

states

outcomes for each FMU or part of an FMU in the region are being achieved and, if

not, whether and when they are likely to be

(d) if monitoring shows that an FMU or part of an FMU is degraded or degrading,

information on the known or likely causes

(e) a description of the environmental pressures on each FMU (such as water takes,

sources of contaminants, or water body modification) as indicated by information

from the freshwater accounting systems referred to in clause 3.29

(f) an assessment of the cumulative effect of changes across multiple sites within an

FMU and multiple attributes during the period covered by the assessment

(g) predictions of changes, including the foreseeable effects of climate change, that

are likely to affect water bodies and freshwater ecosystems in the region

(h) an assessment of the actions taken over the past 5 years in the region, whether

regulatory or non-regulatory and whether by local authorities or others, that

contribute to the implementation of this National Policy Statement.

(3) At the same time that a regional council publishes the review required by section 35(2A)

of the Act, the regional council must publish an ecosystem health scorecard that:

(a) reports on and gives a score for the state of each component of the value

ecosystem health (as described in Appendix 1A) in each FMU in the region; and

(b) identifies where any data or information is missing; and

(4) The ecosystem health scorecard must:

(a) be written and presented in a way that members of the public are likely to

understand easily; and

(b) include specific data, or a link to where those data may be viewed.

3.31 Large hydro-electric generation schemes

(1) This clause applies to the following 5 hydro-electricity generation schemes (referred to

as Schemes):

(a) Waikato Scheme

(b) Tongariro Scheme

National Policy Statement for Freshwater Management 2020 35

(d) Manapouri Scheme

(e) Clutha Scheme.

(2) When implementing any part of this National Policy Statement as it applies to an FMU or

part of an FMU affected by a Scheme, a regional council must have regard to the

importance of the Scheme’s:

(a) contribution to meeting New Zealand’s greenhouse gas emission targets; and

(b) contribution to maintaining the security of New Zealand’s electricity supply; and

(3) Subclause (4) applies if:

(a) an FMU or part of an FMU is adversely affected by an existing structure that forms

part of a Scheme; and

(b) the baseline state of an attribute in the FMU or part of the FMU is below the

national bottom line for the attribute; and

adverse effect on the Scheme, having regard to the matters in subclause (2).

(4) When this subclause applies, the regional council:

(a) may set a target attribute state that is below the national bottom line for the

attribute, despite clause 3.11(4); but

(b) must still, as required by clause 3.11(2) and (3), set the target attribute state to

achieve an improved attribute state to the extent practicable without having a

significant adverse effect on the Scheme, having regard to the matters in

subclause (2).

(5) In this clause, existing structure means a structure that was operational on or

before 1 August 2019, and includes any structure that replaces it, provided the effects of

the replacement are the same or similar in character, intensity and scale, or have a

lesser impact.

3.32 Naturally occurring processes

(1) If all or part of a water body is affected by naturally occurring processes that mean that

the current state is below the national bottom line, and a target attribute state at or

above the national bottom line cannot be achieved, the regional council:

(a) may set a target attribute state that is below the national bottom line for the

attribute, despite clause 3.11(4); but

(b) must still, as required by clause 3.11(2) and (3), set the target attribute state to

achieve an improved attribute state, to the extent practicable given the naturally

occurring processes.

(2) In any dispute about whether this exception should apply, the onus is on the relevant

regional council to demonstrate that it is naturally occurring processes that prevent the

national bottom line being achieved.

36 National Policy Statement for Freshwater Management 2020

3.33 Specified vegetable growing areas

(1) This clause applies only to the 2 specified vegetable growing areas identified in Part 1 of

Appendix 5.

(2) When implementing any part of this National Policy Statement as it applies to an FMU or

part of an FMU that is in, or includes, all or part of a specified vegetable growing area, a

regional council must have regard to the importance of the contribution of the specified

growing area to:

(a) the domestic supply of fresh vegetables; and

(b) maintaining food security for New Zealanders.

(3) Subclause (4) applies if:

(a) an FMU or part of an FMU is adversely affected by vegetable growing in a

specified vegetable growing area; and

(b) the baseline state of an attribute specified in Part 2 of Appendix 5 in the FMU or

part of the FMU where all or part of the specified vegetable growing area is

located is below the national bottom line for the attribute; and

matters in subclause (2).

(4) When this subclause applies, the regional council:

(a) may set a target attribute state that is below the national bottom line for the

attribute, despite clause 3.11(4); but

(b) must still, as required by clause 3.11(2) and (3), set the target attribute state to

achieve an improved attribute state without compromising the matters in

subclause (2).

(5) When implementing clauses 3.12 to 3.14 in relation to FMUs that include all or part of a

specified vegetable growing area, a regional council must ensure that vegetable growers

in the area are not exempt from any requirements (such as in limits on resource use,

action plans, and conditions on resource consents) aimed at achieving target attribute

states.

(6) This clause ceases to apply to a specified vegetable growing area on the earlier of the

following dates:

(a) 10 years after the commencement date; or

(b) the date National Environmental Standards (or other regulations under the Act)

come into force that:

(i) apply to the specified vegetable growing area; and

(ii) are made for the purpose of avoiding, remedying, or mitigating the adverse

effects of vegetable growing on freshwater.

3.34 Urban development in the Bay of Plenty

(1) When including the policy described in clause 3.22(1) (about natural inland wetlands) in

its regional plan, the Bay of Plenty Regional Council must include the following instead

of the content of paragraph (c) under clause 3.22(1):

National Policy Statement for Freshwater Management 2020 37

(i) the activity is necessary for the purpose of urban development that contributes to

a well-functioning urban environment (as defined in the National Policy Statement

on Urban Development); and

(ii) the urban development will provide significant national, regional or district benefits;

and

(iii) either:

(A) the activity occurs on land identified for urban development in operative

provisions of a regional or district plan; and

(B) the activity does not occur on land that is zoned in a district plan as general

rural, rural production, or rural lifestyle;

urban development in areas specifically identified as planned urban growth

areas in the SmartGrowth Urban Form and Transport Initiative Connected

Centres Programme (see clause 1.8); and

(iv) there is either no practicable alternative location for the activity within the area of

the development, or every other practicable location in the area of the

development would have equal or greater adverse effects on a natural inland

wetland; and

(v) the effects of the activity will be managed through applying the effects

management hierarchy; or

38 National Policy Statement for Freshwater Management 2020

Part 4: Timing and transitionals

4.1 Timing

(1) Every local authority must give effect to this National Policy Statement as soon as

reasonably practicable.

(2) Local authorities must publicly notify any changes to their regional policy statements,

regional plans, and district plans that are necessary to give effect to this National Policy

Statement as required under the Act.

4.2 Keeping policy statements and plans up to date

(1) Once a local authority has made the changes required by clause 4.1, it must continue to

make whatever changes to its regional policy statement, regional plan, or district plan

are necessary to respond to changes over time in the state of water bodies and

freshwater ecosystems in its region or district.

4.3 Existing policy statements and plans

(1) To the extent that regional policy statements and regional and district plans already (at

the commencement date) give effect to this National Policy Statement, local authorities

are not obliged to make changes to wording or terminology merely for consistency

with it.

(2) In case of dispute, the onus is on the local authority to show that, despite the different

wording or terminology used, their policy statement or plan does implement this

National Policy Statement.

(3) However, if a local authority chooses to amend an operative policy statement or plan by

merely changing wording or terminology for consistency with this National Policy

Statement, the amendment is to be treated as the correction of a minor error (and

therefore, under clause 20A of Schedule 1 of the Act, the amendment can be made

without using a process in that Schedule).

National Policy Statement for Freshwater Management 2020 39

Appendices

Appendix 1A – Compulsory values

1 Ecosystem health

This refers to the extent to which an FMU or part of an FMU supports an ecosystem

appropriate to the type of water body (for example, river, lake, wetland, or aquifer).

There are 5 biophysical components that contribute to freshwater ecosystem health, and it is

necessary that all of them are managed. They are:

Water quality – the physical and chemical measures of the water, such as temperature,

dissolved oxygen, pH, suspended sediment, nutrients and toxicants

Water quantity – the extent and variability in the level or flow of water

Habitat – the physical form, structure, and extent of the water body, its bed, banks and

margins; its riparian vegetation; and its connections to the floodplain and to

groundwater

Aquatic life – the abundance and diversity of biota including microbes, invertebrates,

plants, fish and birds

Ecological processes – the interactions among biota and their physical and chemical

environment such as primary production, decomposition, nutrient cycling and

trophic connectivity.

In a healthy freshwater ecosystem, all 5 biophysical components are suitable to sustain the

indigenous aquatic life expected in the absence of human disturbance or alteration (before

providing for other values).

2 Human contact

This refers to the extent to which an FMU or part of an FMU supports people being able to

connect with the water through a range of activities such as swimming, waka, boating, fishing,

mahinga kai, and water skiing, in a range of different flows or levels.

Matters to take into account include pathogens, water clarity, deposited sediment, plant

growth (from macrophytes to periphyton to phytoplankton), cyanobacteria, other toxicants,

and litter.

3 Threatened species

This refers to the extent to which an FMU or part of an FMU that supports a population of

threatened species has the critical habitats and conditions necessary to support the presence,

abundance, survival, and recovery of the threatened species. All the components of ecosystem

health must be managed, as well as (if appropriate) specialised habitat or conditions needed

for only part of the life cycle of the threatened species.

40 National Policy Statement for Freshwater Management 2020

4 Mahinga kai

Mahinga kai – kai is safe to harvest and eat.

Mahinga kai generally refers to freshwater species that have traditionally been used as food,

tools, or other resources. It also refers to the places those species are found and to the act of

catching or harvesting them. Mahinga kai provide food for the people of the rohe and these

sites give an indication of the overall health of the water. For this value, kai would be safe to

harvest and eat. Transfer of knowledge is able to occur about the preparation, storage and

cooking of kai. In FMUs or parts of FMUs that are used for providing mahinga kai, the desired

species are plentiful enough for long-term harvest and the range of desired species is present

across all life stages.

Mahinga kai – Kei te ora te mauri (the mauri of the place is intact).

In FMUs or parts of FMUs that are valued for providing mahinga kai, customary resources are

available for use, customary practices are able to be exercised to the extent desired, and

tikanga and preferred methods are able to be practised.

National Policy Statement for Freshwater Management 2020 41

Appendix 1B – Other values that must be considered

1 Natural form and character

The FMU or part of the FMU has particular natural qualities that people value. Natural

qualities may include exceptional, natural, or iconic aesthetic features.

Matters contributing to the natural form and character of an FMU are its biological, visual and

physical characteristics that are valued by the community, including:

its biophysical, ecological, geological, geomorphological and morphological aspects

the natural movement of water and sediment including hydrological and fluvial processes

the natural location of a water body and course of a river

the relative dominance of indigenous flora and fauna

the presence of culturally significant species

the colour of the water

the clarity of the water.

2 Drinking water supply

The FMU or part of the FMU can meet people’s drinking water needs. Water quality and

quantity is sufficient for water to be taken and used for drinking water supply.

Matters affecting the suitability of water for drinking include:

physical, chemical, and microbiological contamination (for example, bacteria and

cyanotoxins, viruses, protozoa and other pathogens)

any other contaminants identified in drinking water standards issued under the Health Act

1956 or any other legislation

the effects of contamination on drinking water treatment processes and the safety of

drinking water, and its aesthetic value (that is, appearance, taste, and smell).

3 Wai tapu

Wai tapu represent the places in an FMU or part of an FMU where rituals and ceremonies are

performed, or where there is special significance to tangata whenua.

Rituals and ceremonies include, but are not limited to, tohi (baptism), karakia (prayer), waerea

(protective incantation), whakatapu (placing of rāhui), whakanoa (removal of rāhui), and tuku

iho (gifting of knowledge and resources to future generations).

In providing for this value, the wai tapu are free from human and animal waste, contaminants

and excess sediment, with valued features and unique properties of the wai protected. Other

matters that may be important are that there is no artificial mixing of the wai tapu and

identified taonga in the wai are protected.

4 Transport and tauranga waka

The FMU or part of the FMU is navigable for identified means of transport.

42 National Policy Statement for Freshwater Management 2020

Transport and tauranga waka generally refers to places to launch waka and water craft, and

appropriate places for waka to land (tauranga waka).

5 Fishing

The FMU or part of the FMU supports fisheries of species allowed to be caught and eaten.

For FMUs or parts of FMUs valued for fishing, the numbers of fish are sufficient and suitable for

human consumption. In some areas, fish abundance and diversity provide a range in species

and size of fish, and algal growth, water clarity and safety are satisfactory for fishers. Attributes

will need to be specific to fish species such as salmon, trout, tuna, lamprey, or whitebait.

6 Hydro-electric power generation

The FMU or part of the FMU is suitable for hydro-electric power generation.

Water quality and quantity and the physical qualities of the FMU or part of the FMU, including

hydraulic gradient and flow rate, can provide for hydro-electric power generation.

7 Animal drinking water

The FMU or part of the FMU meets the needs of farmed animals.

Water quality and quantity meets the needs of farmed animals, including whether it is

palatable and safe.

8 Irrigation, cultivation, and production of food and beverages

The FMU or part of the FMU meets irrigation needs for any purpose.

Water quality and quantity is suitable for irrigation needs, including supporting the cultivation

of food crops, the production of food from farmed animals, non-food crops such as fibre and

timber, pasture, sports fields and recreational areas. Attributes will need to be specific to

irrigation and food production requirements.

9 Commercial and industrial use

The FMU or part of the FMU provides economic opportunities for people, businesses and

industries.

Water quality and quantity can provide for commercial and industrial activities. Attributes will

need to be specific to commercial or industrial requirements.

National Policy Statement for Freshwater Management 2020 43

Appendix 2A – Attributes requiring limits on

resource use

Table 1 – Phytoplankton (trophic state)

Value (and component)

Ecosystem health (Aquatic Life)

Freshwater body type

Lakes

Attribute unit

mg chl-a/ m

(milligrams chlorophyll-a per cubic metre)

Attribute band and description

Numeric attribute state

Annual median

Annual maximum

Lake ecological communities are healthy and resilient,

similar to natural reference conditions.

≤2

≤10

Lake ecological communities are slightly impacted by

additional algal and/or plant growth arising from

nutrient levels that are elevated above natural

reference conditions.

>2 and ≤5

>10 and ≤25

Lake ecological communities are moderately impacted

by additional algal and plant growth arising from

nutrient levels that are elevated well above natural

reference conditions. Reduced water clarity is likely to

affect habitat available for native macrophytes.

>5 and ≤12

>25 and ≤60

National bottom line

Lake ecological communities have undergone or are at

high risk of a regime shift to a persistent, degraded

state (without native macrophyte/seagrass cover), due

to impacts of elevated nutrients leading to excessive

algal and/or plant growth, as well as from losing oxygen

in bottom waters of deep lakes.

>12

>60

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for

closed periods and open periods.

44 National Policy Statement for Freshwater Management 2020

Table 2 – Periphyton (trophic state)

Value (and component)

Ecosystem health (Aquatic Life)

Freshwater body type

Rivers

Attribute unit

mg chl-a/m

(milligrams chlorophyll-a per square metre)

Attribute band and description

Numeric attribute state

(default class)

Numeric attribute state

(productive class)

Exceeded no more than 8%

of samples

Exceeded no more than 17%

of samples

Rare blooms reflecting negligible nutrient

enrichment and/or alteration of the natural flow

regime or habitat.

≤50

Occasional blooms reflecting low nutrient

enrichment and/or alteration of the natural flow

regime or habitat.

>50 and ≤120

Periodic short-duration nuisance blooms

reflecting moderate nutrient enrichment and/or

moderate alteration of the natural flow regime

or habitat.

>120 and ≤200

National bottom line

200

Regular and/or extended-duration nuisance

blooms reflecting high nutrient enrichment

and/or significant alteration of the natural flow

regime or habitat.

>200

At low risk sites monitoring may be conducted using visual estimates of periphyton cover. Should monitoring

based on visual cover estimates indicate that a site is approaching the relevant periphyton abundance threshold,

monitoring should then be upgraded to include measurement of chlorophyll-a.

Classes are streams and rivers defined according to types in the River Environment Classification (REC). The

Productive periphyton class is defined by the combination of REC “Dry” Climate categories (that is, Warm-Dry

(WD) and Cool-Dry (CD)) and REC Geology categories that have naturally high levels of nutrient enrichment due to

their catchment geology (that is, Soft-Sedimentary (SS), Volcanic Acidic (VA) and Volcanic Basic (VB)). Therefore

the productive category is defined by the following REC defined types: WD/SS, WD/VB, WD/VA, CD/SS, CD/VB,

CD/VA. The Default class includes all REC types not in the Productive class.

Based on a monthly monitoring regime. The minimum record length for grading a site based on periphyton

(chlorophyll-a) is 3 years.

National Policy Statement for Freshwater Management 2020 45

Table 3 – Total nitrogen (trophic state)

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Lakes

Attribute unit

mg/m

(milligrams per cubic metre)

Attribute band and description

Numeric attribute state

Annual median

Seasonally stratified and

brackish

Polymictic

Lake ecological communities are healthy and

resilient, similar to natural reference conditions.

≤160

≤300

Lake ecological communities are slightly impacted

by additional algal and/or plant growth arising from

nutrient levels that are elevated above natural

reference conditions.

>160 and ≤350

>300 and ≤500

Lake ecological communities are moderately

impacted by additional algal and plant growth

arising from nutrient levels that are elevated well

above natural reference conditions.

>350 and ≤750

>500 and ≤800

National bottom line

750

800

Lake ecological communities have undergone or are

at high risk of a regime shift to a persistent,

degraded state (without native

macrophyte/seagrass cover), due to impacts of

elevated nutrients leading to excessive algal and/or

plant growth, as well as from losing oxygen in

bottom waters of deep lakes.

>750

>800

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for

closed periods and open periods.

46 National Policy Statement for Freshwater Management 2020

Table 4 – Total phosphorus (trophic state)

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Lakes

Attribute unit

mg/m

(milligrams per cubic metre)

Attribute band and description

Numeric attribute state

Annual median

Lake ecological communities are healthy and resilient, similar to

natural reference conditions.

≤10

Lake ecological communities are slightly impacted by additional

algal and plant growth arising from nutrient levels that are elevated

above natural reference conditions.

>10 and ≤20

Lake ecological communities are moderately impacted by additional

algal and plant growth arising from nutrient levels that are elevated

well above natural reference conditions.

>20 and ≤50

National bottom line

Lake ecological communities have undergone or are at high risk of

a regime shift to a persistent, degraded state (without native

macrophyte/seagrass cover), due to impacts of elevated nutrients

leading to excessive algal and/or plant growth, as well as from

losing oxygen in bottom waters of deep lakes.

>50

For lakes and lagoons that are intermittently open to the sea, monitoring data should be analysed separately for

closed periods and open periods.

National Policy Statement for Freshwater Management 2020 47

Table 5 – Ammonia (toxicity)

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers and lakes

Attribute unit

mg NH

-N/L (milligrams ammoniacal-nitrogen per litre)

Attribute band and description

Numeric attribute state

Annual median

Annual 95th percentile

99% species protection level: No observed effect

on any species tested.

≤0.03

≤0.05

95% species protection level: Starts impacting

occasionally on the 5% most sensitive species.

>0.03 and ≤0.24

>0.05 and ≤0.40

National bottom line

0.24

0.40

80% species protection level: Starts impacting

regularly on the 20% most sensitive species

(reduced survival of most sensitive species).

>0.24 and ≤1.30

>0.40 and ≤2.20

Starts approaching acute impact level (that is, risk

of death) for sensitive species.

>1.30

>2.20

Numeric attribute state is based on pH 8 and temperature of 20°C. Compliance with the numeric attribute states

should be undertaken after pH adjustment.

48 National Policy Statement for Freshwater Management 2020

Table 6 – Nitrate (toxicity)

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers

Attribute unit

mg NO

– N/L (milligrams nitrate-nitrogen per litre)

Attribute band and description

Numeric attribute state

Annual median

Annual 95th percentile

High conservation value system. Unlikely to be effects even

on sensitive species.

≤1.0

≤1.5

Some growth effect on up to 5% of species.

>1.0 and ≤2.4

>1.5 and ≤3.5

National bottom line

2.4

3.5

Growth effects on up to 20% of species (mainly sensitive

species such as fish). No acute effects.

>2.4 and ≤6.9

>3.5 and ≤9.8

Impacts on growth of multiple species, and starts

approaching acute impact level (that is, risk of death) for

sensitive species at higher concentrations (>20 mg/L).

>6.9

>9.8

This attribute measures the toxic effects of nitrate, not the trophic state. Where other attributes measure

trophic state, for example periphyton, freshwater objectives, limits and/or methods for those attributes may

be more stringent.

National Policy Statement for Freshwater Management 2020 49

Table 7 – Dissolved oxygen

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers (below point sources only)

Attribute unit

mg/L (milligrams per litre)

Attribute band and description

Numeric attribute state

7-day mean minimum

1-day minimum

No stress caused by low dissolved oxygen on any

aquatic organisms that are present at matched

reference (near-pristine) sites.

≥8.0

≥7.5

Occasional minor stress on sensitive organisms

caused by short periods (a few hours each day) of

lower dissolved oxygen. Risk of reduced abundance

of sensitive fish and macroinvertebrate species.

≥7.0 and <8.0

≥5.0 and <7.5

Moderate stress on a number of aquatic organisms

caused by dissolved oxygen levels exceeding

preference levels for periods of several hours each

day. Risk of sensitive fish and macroinvertebrate

species being lost.

≥5.0 and <7.0

≥4.0 and <5.0

National bottom line

5.0

4.0

Significant, persistent stress on a range of aquatic

organisms caused by dissolved oxygen exceeding

tolerance levels. Likelihood of local extinctions of

keystone species and loss of ecological integrity.

<5.0

<4.0

The 7-day mean minimum is the mean value of seven consecutive daily minimum values.

The 1-day minimum is the lowest daily minimum across the whole summer period (1 November to 30 April).

50 National Policy Statement for Freshwater Management 2020

Table 8 – Suspended fine sediment

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers

Attribute unit

Visual clarity (metres)

Attribute band and description

Numeric attribute state by suspended

sediment class

Median

Minimal impact of suspended sediment on instream biota. Ecological

communities are similar to those observed in natural reference

conditions.

≥1.78

≥0.93

≥2.95

≥1.38

Low to moderate impact of suspended sediment on instream biota.

Abundance of sensitive fish species may be reduced.

<1.78

and

≥1.55

<0.93

and

≥0.76

<2.95

and

≥2.57

<1.38

and

≥1.17

Moderate to high impact of suspended sediment on instream biota.

Sensitive fish species may be lost.

<1.55

and

>1.34

<0.76

and

>0.61

<2.57

and

>2.22

<1.17

and

>0.98

National bottom line

1.34

0.61

2.22

0.98

High impact of suspended sediment on instream biota. Ecological

communities are significantly altered and sensitive fish and

macroinvertebrate species are lost or at high risk of being lost.

<1.34

<0.61

<2.22

<0.98

Based on a monthly monitoring regime where sites are visited on a regular basis regardless of weather and flow

conditions. Record length for grading a site based on 5 years.

Councils may monitor turbidity and convert the measures to visual clarity.

See Appendix 2C Tables 23 and 26 for the definition of suspended sediment classes and their composition.

The following are examples of naturally occurring processes relevant for suspended sediment:

• naturally highly coloured brown-water streams

• glacial flour affected streams and rivers

• selected lake-fed REC classes (particularly warm climate classes) where low visual clarity may reflect

autochthonous phytoplankton production.

National Policy Statement for Freshwater Management 2020 51

Table 9 – Escherichia coli (E. coli)

Value

Human contact

Freshwater body type

Lakes and rivers

Attribute unit

E. coli/100 mL (number of E. coli per hundred millilitres)

Attribute band and description

Numeric attribute state

Description of risk of Campylobacter

infection (based on E. coli indicator)

% exceedances

over

540/100 mL

% exceedances

over

260/100 mL

Median

concentration

/100 mL

95th percentile

of E. coli/100 mL

A (Blue)

For at least half the time, the

estimated risk is <1 in 1,000

(0.1% risk).

The predicted average infection risk is

1%.

<5%

<20%

≤130

≤540

B (Green)

For at least half the time, the

estimated risk is <1 in 1,000

(0.1% risk).

The predicted average infection risk

is 2%.

5-10%

20-30%

≤130

≤1000

C (Yellow)

For at least half the time, the

estimated risk is <1 in 1,000

(0.1% risk).

The predicted average infection risk

is 3%.

10-20%

20-34%

≤130

≤1200

D (Orange)

20-30% of the time the estimated risk

is ≥50 in 1,000 (>5% risk).

The predicted average infection risk

is >3%.

20-30%

>34%

>130

>1200

E (Red)

For more than 30% of the time the

estimated risk is ≥50 in 1,000

(>5% risk).

The predicted average infection risk

is >7%.

>30%

>50%

>260

>1200

Based on a monthly monitoring regime where sites are visited on a regular basis regardless of weather and flow

conditions. Record length for grading a site based on 5 years.

Attribute band must be determined by satisfying all four numeric attribute states (ie, all four columns in any one

row) or, if that is not possible, according to the worst numeric attribute state.

The predicted average infection risk is the overall average infection to swimmers based on a random exposure on

a random day, ignoring any possibility of not swimming during high flows or when a surveillance advisory is in

place (assuming that the E. coli concentration follows a lognormal distribution). Actual risk will generally be less if

a person does not swim during high flows.

52 National Policy Statement for Freshwater Management 2020

Table 10 – Cyanobacteria (planktonic)

Value

Human contact

Freshwater body type

Lakes and lake fed rivers

Attribute unit

Biovolume mm

/L (cubic millimetres per litre)

Attribute band and description

Numeric attribute state

80th percentile

A (Blue)

Risk exposure from cyanobacteria is no different to that in

natural conditions (from any contact with freshwater).

≤0.5 mm

/L biovolume equivalent for the

combined total of all cyanobacteria

B (Green)

Low risk of health effects from exposure to cyanobacteria

(from any contact with freshwater).

>0.5 and ≤1.0 mm

/L biovolume equivalent for

the combined total of all cyanobacteria

C (Yellow)

Moderate risk of health effects from exposure to

cyanobacteria (from any contact with freshwater).

>1.0 and ≤1.8 mm

/L biovolume equivalent of

potentially toxic cyanobacteria OR

>1.0 and ≤10 mm

/L total biovolume of all

cyanobacteria

National bottom line

1.8 mm

/L biovolume equivalent of potentially

toxic cyanobacteria

10 mm

/L total biovolume of all cyanobacteria

D (Orange/Red)

High health risks (for example, respiratory, irritation and

allergy symptoms) exist from exposure to cyanobacteria (from

any contact with freshwater).

>1.8 mm

/L biovolume equivalent of potentially

toxic cyanobacteria

>10 mm

/L total biovolume of all cyanobacteria

The 80th percentile must be determined using a minimum of 12 samples collected over 3 years. Thirty samples

collected over 3 years is recommended.

National Policy Statement for Freshwater Management 2020 53

Appendix 2B – Attributes requiring action plans

Table 11 – Submerged plants (natives)

Value (and component)

Ecosystem health (Aquatic life)

Freshwater body type

Lakes

Attribute unit

Lake Submerged Plant (Native Condition Index)

Attribute band and description

Numeric attribute state

(% of maximum potential score)

Excellent ecological condition. Native submerged

plant communities are almost completely intact.

>75%

High ecological condition. Native submerged plant

communities are largely intact.

>50 and ≤75%

Moderate ecological condition. Native submerged

plant communities are moderately impacted.

≥20 and ≤50%

National bottom

line

20%

Poor ecological condition. Native submerged plant

communities are largely degraded or absent.

<20%

Monitoring to be conducted, and numeric attribute state to be determined, following the method described in

Clayton J, and Edwards T. 2006. LakeSPI: A method for monitoring ecological condition in New Zealand lakes. User

Manual Version 2. National Institute of Water & Atmospheric Research: Hamilton, New Zealand. (see clause 1.8)

Lakes in a devegetated state receive scores of 0.

54 National Policy Statement for Freshwater Management 2020

Table 12 – Submerged plants (invasive species)

Value (and component)

Ecosystem health (Aquatic life)

Freshwater body type

Lakes

Attribute unit

Lake Submerged Plant (Invasive Impact Index)

Attribute band and description

Numeric attribute state

(% of maximum potential score)

No invasive plants present in the lake. Native plant

communities remain intact.

Invasive plants having only a minor impact on

native vegetation. Invasive plants will be patchy in

nature co-existing with native vegetation. Often

major weed species not present or in early stages

of invasion.

>1 and ≤25%

Invasive plants having a moderate to high impact

on native vegetation. Native plant communities

likely displaced by invasive weed beds particularly

in the 2 – 8 m depth range.

>25 and ≤90%

National bottom line

90%

Tall dense weed beds exclude native vegetation and

dominate entire depth range of plant growth. The

species concerned are likely hornwort and Egeria.

>90%

Monitoring to be conducted, and numeric attribute state to be determined, following the method described in

Clayton J, and Edwards T. 2006. LakeSPI: A method for monitoring ecological condition in New Zealand lakes. User

Manual Version 2. National Institute of Water & Atmospheric Research: Hamilton, New Zealand. (see clause 1.8)

National Policy Statement for Freshwater Management 2020 55

Table 13 – Fish (rivers)

Value (and component)

Ecosystem health (Aquatic life)

Freshwater body type

Wadeable rivers

Attribute unit

Fish Index of Biotic Integrity (F-IBI)

Attribute band and description

Numeric attribute state (average)

High integrity of fish community. Habitat and migratory

access have minimal degradation.

≥34

Moderate integrity of fish community. Habitat and/or

migratory access are reduced and show some signs of stress.

<34 and ≥28

Low integrity of fish community. Habitat and/or migratory

access is considerably impairing and stressing the community.

<28 and ≥18

Severe loss of fish community integrity. There is substantial

loss of habitat and/or migratory access, causing a high level of

stress on the community.

<18

Sampling is to occur at least annually between December and April (inclusive) following the protocols for at least

one of the backpack electrofishing method, spotlighting method, or trapping method in Joy M, David B, and Lake

M. 2013. New Zealand Freshwater Fish Sampling Protocols (Part 1): Wadeable rivers and streams. Massey

University: Palmerston North, New Zealand. (see clause 1.8)

The F-IBI score is to be calculated using the general method defined by Joy, MK, and Death RG. 2004. Application

of the Index of Biotic Integrity Methodology to New Zealand Freshwater Fish Communities. Environmental

Management, 34(3), 415-428. (see clause 1.8)

56 National Policy Statement for Freshwater Management 2020

Table 14 – Macroinvertebrates (1 of 2)

Value (and component)

Ecosystem health (Aquatic life)

Freshwater body type

Wadeable rivers

Attribute unit

Macroinvertebrate Community Index (MCI) score;

Quantitative Macroinvertebrate Community Index

(QMCI) score

Attribute band and description

Numeric attribute states

QMCI

MCI

Macroinvertebrate community, indicative of pristine

conditions with almost no organic pollution or nutrient

enrichment.

≥6.5

≥130

Macroinvertebrate community indicative of mild organic

pollution or nutrient enrichment. Largely composed of taxa

sensitive to organic pollution/nutrient enrichment.

≥5.5 and <6.5

≥110 and <130

Macroinvertebrate community indicative of moderate

organic pollution or nutrient enrichment. There is a mix of

taxa sensitive and insensitive to organic pollution/nutrient

enrichment.

≥4.5 and <5.5

≥90 and <110

National bottom line

4.5

Macroinvertebrate community indicative of severe organic

pollution or nutrient enrichment. Communities are largely

composed of taxa insensitive to inorganic

pollution/nutrient enrichment.

<4.5

<90

MCI and QMCI scores to be determined using annual samples taken between 1 November and 30 April with

either fixed counts with at least 200 individuals, or full counts, and with current state calculated as the five-year

median score. All sites for which the deposited sediment attribute does not apply, whether because they are in

river environment classes shown in Table 25 in Appendix 2C or because they require alternate habitat monitoring

under clause 3.25 are to use soft sediment sensitivity scores and taxonomic resolution as defined in table A1.1 in

Clapcott et al. 2017 Macroinvertebrate metrics for the National Policy Statement for Freshwater Management.

Cawthron Institute: Nelson, New Zealand. (see clause 1.8)

MCI and QMCI to be assessed using the method defined in Stark JD, and Maxted, JR. 2007 A user guide for the

Macroinvertebrate Community Index. Cawthron Institute: Nelson, New Zealand (See Clause 1.8), except for sites

for which the deposited sediment attribute does not apply, which require use of the soft-sediment sensitivity

scores and taxonomic resolution defined in table A1.1 in Clapcott et al. 2017 Macroinvertebrate metrics for the

National Policy Statement for Freshwater Management. Cawthron Institute: Nelson, New Zealand. (see clause

1.8)

National Policy Statement for Freshwater Management 2020 57

Table 15 – Macroinvertebrates (2 of 2)

Value (and component)

Ecosystem health (Aquatic life)

Freshwater body type

Wadeable rivers

Attribute unit

Macroinvertebrate Average Score Per Metric (ASPM)

Attribute band and description

Numeric attribute states ASPM score

Macroinvertebrate communities have high ecological

integrity, similar to that expected in reference conditions.

≥0.6

Macroinvertebrate communities have mild-to-moderate

loss of ecological integrity.

<0.6 and ≥0.4

Macroinvertebrate communities have moderate-to-

severe loss of ecological integrity.

<0.4 and ≥0.3

National bottom line

0.3

Macroinvertebrate communities have severe loss of

ecological integrity.

<0.3

ASPM scores to be determined using annual samples taken between 1 November and 30 April with either fixed

counts with at least 200 individuals, or full counts, and with current state calculated as the five-year median

score. All sites for which the deposited sediment attribute does not apply, whether because they are in river

environment classes shown in Table 25 in Appendix 2C or because they require alternate habitat monitoring

under clause 3.25, are to use soft-sediment sensitivity scores and taxonomic resolution as defined in table A1.1 in

Clapcott et al. 2017. Macroinvertebrate metrics for the National Policy Statement for Freshwater Management.

Cawthron Institute: Nelson, New Zealand. (see clause 1.8)

When normalising scores for the ASPM, use the following minimums and maximums: %EPT-abundance (0-100),

EPT-richness (0-29), MCI (0-200) using the method of Kevin J Collier (2008). Average score per metric: An

alternative metric aggregation method for assessing wadeable stream health. New Zealand Journal of Marine and

Freshwater Research, 42:4, 367-378, DOI: 10.1080/00288330809509965. (see clause 1.8)

58 National Policy Statement for Freshwater Management 2020

Table 16 – Deposited fine sediment

Value (and component)

Ecosystem health (Physical habitat)

Freshwater body type

Wadeable rivers

Attribute unit

% fine sediment cover

Attribute band and description

Numeric attribute state by deposited

sediment class

Median

Minimal impact of deposited fine sediment on instream biota.

Ecological communities are similar to those observed in natural

reference conditions.

≤7

≤10

≤9

≤13

Low to moderate impact of deposited fine sediment on instream

biota. Abundance of sensitive macroinvertebrate species may be

reduced.

>7 and

≤14

>10 and

≤19

>9 and

≤18

>13 and

≤19

Moderate to high impact of deposited fine sediment on instream

biota. Sensitive macroinvertebrate species may be lost.

>14 and

<21

>19 and

<29

>18 and

<27

>19 and

<27

National bottom line

High impact of deposited fine sediment on instream biota. Ecological

communities are significantly altered and sensitive fish and

macroinvertebrate species are lost or at high risk of being lost.

>21

>29

>27

The indicator score is percentage cover of the streambed in a run habitat determined by the instream visual

method, SAM2 as defined in p. 17-20 of Clapcott JE, Young RG, Harding JS., Matthaei CD, Quinn JM. and Death

RG. 2011. Sediment Assessment Methods: Protocols and guidelines for assessing the effects of deposited fine

sediment on in-stream values. Cawthron Institute: Nelson, New Zealand. (see clause 1.8)

Based on a monthly monitoring regime where sites are visited on a regular basis regardless of weather and flow

conditions. Record length for grading a site based on 5 years.

See Tables 24 and 26 in Appendix 2C for deposited sediment classes and their composition.

This attribute does not apply in river environment classes shown in Table 25 in Appendix 2C, or where clause 3.25

requires freshwater habitat monitoring.

National Policy Statement for Freshwater Management 2020 59

Table 17 – Dissolved oxygen

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers

Attribute unit

mg/L (milligrams per litre)

Attribute description band and description

Numeric attribute state

7-day mean minimum

1-day minimum

No stress caused by low dissolved oxygen on any aquatic

organisms that are present at matched reference (near-

pristine) sites.

≥8.0

≥7.5

Occasional minor stress on sensitive organisms caused

by short periods (a few hours each day) of lower

dissolved oxygen. Risk of reduced abundance of sensitive

fish and macroinvertebrate species.

≥7.0 and <8.0

≥5.0 and <7.5

Moderate stress on a number of aquatic organisms

caused by dissolved oxygen levels exceeding preference

levels for periods of several hours each day. Risk of

sensitive fish and macroinvertebrate species being lost.

≥5.0 and <7.0

≥4.0 and <5.0

National bottom line

5.0

4.0

Significant, persistent stress on a range of aquatic

organisms caused by dissolved oxygen exceeding

tolerance levels. Likelihood of local extinctions of

keystone species and loss of ecological integrity.

<5.0

<4.0

The 7-day mean minimum is the mean value of 7 consecutive daily minimum values.

The 1-day minimum is the lowest daily minimum across the summer period (1 November to 30 April).

60 National Policy Statement for Freshwater Management 2020

Table 18 – Lake-bottom dissolved oxygen

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Lakes

Attribute unit

mg/L (milligrams per litre)

Attribute description band and description

Numeric attribute state

Measured or estimated annual minimum

No risk from lake-bottom dissolved oxygen of biogeochemical

conditions causing nutrient release from sediments.

≥7.5

Minimal risk from lake-bottom dissolved oxygen of

biogeochemical conditions causing nutrient release from

sediments.

≥2.0 and < 7.5

Risk from lake-bottom dissolved oxygen of biogeochemical

conditions causing nutrient release from sediments.

≥0.5 and < 2.0

National bottom line

0.5

Likelihood from lake-bottom dissolved oxygen of

biogeochemical conditions resulting in nutrient release from

sediments.

<0.5

To be measured less than 1 metre above sediment surface at the deepest part of the lake using either

continuous monitoring sensors or discrete dissolved oxygen profiles.

National Policy Statement for Freshwater Management 2020 61

Table 19 – Mid-hypolimnetic dissolved oxygen

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Seasonally stratifying lakes

Attribute unit

mg/L (milligrams per litre)

Attribute description band and description

Numeric attribute state

Measured or estimated annual minimum

No stress caused to any fish species by low dissolved

oxygen.

≥7.5

Minor stress on sensitive fish seeking thermal refuge in the

hypolimnion. Minor risk of reduced abundance of sensitive

fish and macro-invertebrate species.

≥ 5.0 and <7.5

Moderate stress on sensitive fish seeking thermal refuge in

the hypolimnion. Risk of sensitive fish species being lost.

≥ 4.0 and <5 .0

National bottom line

4.0

Significant stress on a range of fish species seeking thermal

refuge in the hypolimnion. Likelihood of local extinctions of

fish species and loss of ecological integrity.

< 4.0

To be measured using either continuous monitoring sensors or discrete dissolved oxygen profiles.

62 National Policy Statement for Freshwater Management 2020

Table 20 – Dissolved reactive phosphorus

Value (and component)

Ecosystem health (Water quality)

Freshwater body type

Rivers

Attribute unit

DRP mg/L (milligrams per litre)

Attribute band and description

Numeric attribute state

Median

95th percentile

Ecological communities and ecosystem processes

are similar to those of natural reference conditions.

No adverse effects attributable to dissolved reactive

phosphorus (DRP) enrichment are expected.

≤ 0.006

≤ 0.021

Ecological communities are slightly impacted by minor

DRP elevation above natural reference conditions. If

other conditions also favour eutrophication, sensitive

ecosystems may experience additional algal and plant

growth, loss of sensitive macroinvertebrate taxa, and

higher respiration and decay rates.

> 0.006 and ≤0.010

> 0.021 and ≤0.030

Ecological communities are impacted by moderate

DRP elevation above natural reference conditions. If

other conditions also favour eutrophication, DRP

enrichment may cause increased algal and plant

growth, loss of sensitive macro-invertebrate and fish

taxa, and high rates of respiration and decay.

> 0.010 and ≤ 0.018

> 0.030 and ≤ 0.054

Ecological communities impacted by substantial DRP

elevation above natural reference conditions. In

combination with other conditions favouring

eutrophication, DRP enrichment drives excessive

primary production and significant changes in

macroinvertebrate and fish communities, as taxa

sensitive to hypoxia are lost.

>0.018

>0.054

Based on a monthly monitoring regime where sites are visited on a regular basis regardless of weather and flow

conditions. Record length for grading a site based on 5 years.

National Policy Statement for Freshwater Management 2020 63

Table 21 – Ecosystem metabolism (both gross primary production and

ecosystem respiration)

Value (and component)

Ecosystem health (Ecosystem processes)

Freshwater body type

Rivers

Attribute unit

g O

-2

-1

(grams of dissolved oxygen per square metre per day)

Derived from at least 7 days of continuous dissolved oxygen monitoring to be collected at least once during the

summer period (1 November to 30 April), using the method of Young RG, Clapcott JE, Simon K. 2016. Ecosystem

functions and stream health. Advances in New Zealand Freshwater Science. NZ Freshwater Sciences Society,

NZ Hydrological Society. (see clause 1.8)

64 National Policy Statement for Freshwater Management 2020

Table 22 – Escherichia coli (E. coli) (primary contact sites)

Value

Human contact

Freshwater

body

Type

Primary contact sites in lakes and rivers (during the

bathing season)

Attribute

unit

95th percentile of E. coli/100 mL (number of E. coli per

hundred millilitres)

Attribute band and description

Numeric attribute state

Excellent

Estimated risk of Campylobacter infection has a < 0.1%

occurrence, 95% of the time.

≤ 130

Good

Estimated risk of Campylobacter infection has a

0.1 – 1.0% occurrence, 95% of the time.

> 130 and ≤ 260

Fair

Estimated risk of Campylobacter infection has a 1 – 5%

occurrence, 95% of the time.

> 260 and ≤ 540

National bottom line

540

Poor

Estimated risk of Campylobacter infection has a > 5%

occurrence, at least 5% of the time.

> 540

The narrative attribute state description assumes “% of time” equals “% of samples”.

National Policy Statement for Freshwater Management 2020 65

Appendix 2C – Sediment classification tables

In this Appendix, REC groups refers to the classes and categories described in the New Zealand

River Environment Classification User Guide (see clause 1.8), except where those REC groups

are further clustered according to table 26.

Table 23 Suspended sediment class composition

Suspended sediment class

Suspended sediment clustered River Environment Classification groups

CD_Low_HS; WW_Low_VA; WW_Hill_VA; CD_Low_Al; CW_Hill_SS;

CW_Mount_SS; CW_Hill_VA; CD_Hill_SS; CD_Hill_VA; CD_Low_VA; CW_Low_VA;

CW_Mount_VA; CW_Mount_HS; CD_Mount_Al; CW_Hill_Al; CW_Mount_Al;

WD_Low_Al

CD_Low_SS; WW_Low_HS; WW_Low_SS; WW_Hill_HS; WW_Hill_SS;

WW_Low_Al; WD_Low_SS; WD_Lake_Any; WD_Low_HS; WD_Low_VA

CW_Hill_HS; CW_Lake_Any; CD_Lake_Any; WW_Lake_Any; CW_Low_HS;

CW_Low_Al; CD_Hill_HS; CD_Hill_Al; CD_Mount_HS; CD_Mount_SS;

CD_Mount_VA

CW_Low_SS

Table 24 – Deposited sediment class composition

Deposited sediment class

Deposited sediment clustered River Environment Classification groups

WD_Low_HS; WW_Lake_Any

CD_Hill_Al; CD_Low_HS; CD_Low_VA; WW_Low_HS; WW_Low_VA; CD_Hill_SS;

CD_Lake_Any; CW_Lake_Any; CW_Low_Al; CD_Hill_HS; CW_Hill_VA; CW_Low_SS;

CW_Low_VA

CD_Low_Al; CD_Low_SS; WW_Hill_SS; WW_Low_SS

CD_Hill_VA; CW_Mount_VA; WW_Hill_HS; CW_Mount_SS; CD_Mount_Al;

CD_Mount_HS; CD_Mount_SS; CD_Mount_VA; CW_Hill_Al; CW_Hill_HS;

CW_Hill_SS; CW_Low_HS; CW_Mount_Al; CW_Mount_HS; WW_Hill_VA

Table 25 – Clustered River Environment Classification groups that are

naturally soft-bottomed

WD_Low_Al; WD_Low_VA; WD_Lake_Any; WD_Low_SS; WW_Low_Al

66 National Policy Statement for Freshwater Management 2020

Table 26 – Further clustering of River Environment Classification groups

specific to this appendix

REC variable

REC groups

Clustered REC groups

Climate

Warm-Wet

Warm-Wet (WW)

Warm-Extremely Wet

Warm-Dry

Warm-Dry (WD)

Cold-Wet

Cold-Wet (CW)

Cold-Extremely Wet

Cold-Dry

Cold-Dry (CD)

Topography (Source of flow)

Lowland

Lowland (Low)

Lakefed

Lakefed (Lake)

Hill

Hill (Hill)

Mountain

Mountain (Mount)

Glacial Mountain

Geology

Soft Sedimentary

Soft Sedimentary (SS)

Plutonic Volcanic

Miscellaneous

Hard Sedimentary

Hard Sedimentary (HS)

Alluvium

Alluvium (Al)

Volcanic Basic

Volcanic (VA)

Volcanic Acidic

National Policy Statement for Freshwater Management 2020 67

Appendix 3 – National target for primary contact

The national target is to increase proportions of specified rivers and lakes that are suitable for

primary contact (that is, that are in the blue, green and yellow categories) to at least 80% by

2030, and 90% no later than 2040, but also to improve water quality across all categories.

In this Appendix, specified rivers and lakes means:

rivers that are fourth order or greater, using the methods outlined in the River

Environment Classification System, National Institute of Water and Atmospheric Research,

Version 1 (see clause 1.8); and

lakes with a perimeter of 1.5 km or more.

The categories above represent combined improvements in all regions. For each region, this

means reducing the length of specified rivers and lakes in the red and orange categories, and

increasing the length of specified rivers and lakes in the yellow, green and blue categories.

The categories are based on water quality in terms of the 2 human contact attributes, E. coli

and cyanobacteria (planktonic), in tables 9 and 10 in Appendix 2A.

For rivers and lakes, the target categories are same as the E. coli table attribute states.

However, the categories do not include the 95th percentile of E. coli/100 mL numeric

attribute state if there is insufficient monitoring data to establish the 95th percentile.

68 National Policy Statement for Freshwater Management 2020

For lakes, the categories are also based on the cyanobacteria (planktonic) attribute states.

However, to provide additional granularity for tracking improvements over time, the D band

has been split into 2 categories (orange and red) as follows:

orange means the lake has between 1.8 and 3.0 mm

/L biovolume of cyanobacteria

(planktonic), using an 80th percentile

red means the lake has more than 3.0 mm

/L biovolume of cyanobacteria (planktonic),

using an 80th percentile.

For lakes, the lowest category for either E. coli or cyanobacteria (planktonic) applies.

National Policy Statement for Freshwater Management 2020 69

Appendix 4 – Details for instream structures

Part 1: Required information

For all structures

geographical co-ordinates of the structure

date and time of survey

flow when survey was completed (no flow, low, normal, high, unknown)

whether the stream is tidal where structure is located (yes, no, unknown)

the width of the river at the water’s surface and the width of the bed of the river

structure type

photos viewed upstream and downstream at both ends of the structure

For all culverts

number of culvert barrels

culvert shape, length, width and height or diameter

mean water velocity through the culvert

whether low velocity recirculation zones are present (yes, no, unknown)

culvert water depth

culvert substrate

whether wetted margins present in the culvert

structure outlet drop height

structure outlet undercut length (if applicable)

whether add-ons present and add-on type

For all weirs

weir type

weir crest shape

weir height

weir substrate

whether wetted margins present

weir slope (degrees)

whether add-ons present and add-on type

For all fords

ford drop height

ford substrate

whether add-ons present and add-on type

70 National Policy Statement for Freshwater Management 2020

For all dams

dam height

whether spillway present

whether add-ons present and add-on type

For all aprons

apron drop height

apron water depth

apron substrate type

For all ramps

ramp surface

ramp length

ramp slope (degrees)

whether wetted margins present on the ramp

For all flap gates

gate type

number of flap gates on the structure

whether add-ons present and add-on type

Part 2: Additional optional information

For all structures

owner of the structure (NZTA, KiwiRail, Department of Conservation, regional council,

territorial authority, private, other, or unknown)

asset ID (if known)

any fish passage observations (for example, does the structure protect desired species or

their habitats)

effectiveness of fish passage remediation if fish passage improvement present (for

example, rock ramp, artificial ramp, fish passage)

risk of structure to fish passage class (if known) (very low, low, medium, high risk, very

high risk, not assessed)

For all culverts

structure slope

structure alignment with the stream

structure material

number of flap gates (if present)

flap gate type and material

National Policy Statement for Freshwater Management 2020 71

For all weirs

weir width

backwater distance

weir material

For all fords

ford width

ford length

ford material

For all aprons

apron material

apron length

apron water velocity

For all flap gates

gate height and width

gate material

72 National Policy Statement for Freshwater Management 2020

Appendix 5 – Specified vegetable growing areas

Part 1 – Description of specified vegetable growing areas

Pukekohe specified vegetable growing area:

Western boundary

From the point that the Waiuku River meets the Waiuku Stream at NZTM2000 1753472

5876259, up the Waiuku Stream to Waiuku Road to the boundary at NZTM2000 1755854

5875779.

Southern boundary

The north bank of the Waikato River, from the end of Crouch Road at NZTM2000 1756420

5868522 to the end of Bluff Road at NZTM2000 1778986 5871955.

Eastern boundary

From the arm of the Pahurehure inlet at NZTM2000 1771949 5896064, eastwards along Elliot

Street until it becomes Broadway, along Clevedon Road which becomes Papakura-Clevedon

Road until the point at which the national grid transmission lines cross the road at NZTM2000

1778853, 5900012. Following in a southward direction the transmission line to the Auckland

Council and Waikato Regional Council regional boundary at NZTM2000 1788858, 5882363.

Northern boundary

From the mouth of the Waiuku river NZTM2000 1753472 5876259 to the north following the

coastline of the Manukau Harbour to the eastern most arm of Pahurehure Inlet at NZTM2000

1771949 5896064.

Horowhenua specified vegetable growing area:

Lake Horowhenua (Hoki_1a) Water Management Subzone

Whole lake catchment above Lake Horowhenua outlet (at approx. NZTM2000 1789400

5502450). From the lake outlet, crossing Moutere Road to the north-west, and as far west as

the eastern edge of the Waitarere Forest, and as far north as Waitarere Beach Road. As far

east as Gladstone Road, near Gladstone Reserve, crossing Roslyn Road, Denton Road. To the

south as far as Tararua Road, and crossing Kimberley Road, Buller Road, Hokio Sand Road, then

north to Lake Horowhenua outlet.

Hoki (Hoki_1b) Water Management Subzone

Hokio Stream catchment downstream of Lake Horowhenua outlet (approx. NZTM2000

1789400 5502450). Extending north to cross the Moutere Road, north of the bridge that

crosses the Hokio Stream, and extending south to south of the landfill off Hokio Beach

Road. Excluding the mainstem of the Hokio Stream from the cross-river Coastal Marine Area

boundary at NZTM2000 1784949 5504086, at the western end of Muaupoko Street, and

seawards.

National Policy Statement for Freshwater Management 2020 73

Part 2 – Attributes

Attributes for the purpose of clause 3.33:

(a) phytoplankton (Appendix 2A, Table 1)

(b) periphyton (Appendix 2A, Table 2)

(d) ammonia (toxicity) (Appendix 2A, Table 5)

(e) nitrate (toxicity) (Appendix 2A, Table 6)

(f) dissolved oxygen (Appendix 2A, Table 7, Appendix 2B, Tables 17, 18 and 19)

(g) cynobacteria (Appendix 2A, Table 10)

(h) macroinvertebrates (Appendix 2B, Tables 14 and 15)

74 National Policy Statement for Freshwater Management 2020

Appendix 6 – Principles for aquatic offsetting

These principles apply to the use of aquatic offsets for the loss of extent or values of natural

inland wetlands and rivers (“extent or values” below).

1. Adherence to effects management hierarchy: An aquatic offset is a commitment to

redress more than minor residual adverse effects, and should be contemplated only after

steps to avoid, minimise, and remedy adverse effects are demonstrated to have been

sequentially exhausted.

2. When aquatic offsetting is not appropriate: Aquatic offsets are not appropriate in

situations where, in terms of conservation outcomes, the extent or values cannot be

offset to achieve no net loss, and preferably a net gain, in the extent and values. Examples

of an offset not being appropriate would include where:

(a) residual adverse effects cannot be offset because of the irreplaceability or

vulnerability of the extent or values affected:

(b) effects on the extent or values are uncertain, unknown, or little understood, but

potential effects are significantly adverse: 

acceptable timeframe.   

3. No net loss and preferably a net gain: This is demonstrated by a like-for-like quantitative

loss/gain calculation, and is achieved when the extent or values gained at the offset site

(measured by type, amount and condition) are equivalent to or exceed those being lost at

the impact site.

4. Additionality: An aquatic offset achieves gains in extent or values above and beyond gains

that would have occurred in the absence of the offset, such as gains that are additional to

any minimisation and remediation undertaken in relation to the adverse effects of the

activity.  

5. Leakage: Aquatic offset design and implementation avoids displacing harm to other

locations (including harm to existing biodiversity at the offset site). 

6. Long-term outcomes: An aquatic offset is managed to secure outcomes of the activity that

last at least as long as the impacts, and preferably in perpetuity. Consideration must be

given to long-term issues around funding, location, management and monitoring.

7. Landscape context: An aquatic offset action is undertaken where this will result in the

best ecological outcome, preferably close to the impact site or within the same ecological

district. The action considers the landscape context of both the impact site and the offset

site, taking into account interactions between species, habitats and ecosystems, spatial

and hydrological connections, and ecosystem function.  

8. Time lags: The delay between loss of extent or values at the impact site and the gain or

maturity of extent or values at the offset site is minimised so that the calculated gains are

achieved within the consent period or, as appropriate, a longer period (but not more than

35 years).

9. Science and mātauranga Māori: The design and implementation of an aquatic offset is a

documented process informed by science where available, and mātauranga Māori at

place. 

10. Tangata whenua or stakeholder participation: Opportunity for the effective and early

participation of tangata whenua or stakeholders is demonstrated when planning aquatic

offsets, including their evaluation, selection, design, implementation, and monitoring.

National Policy Statement for Freshwater Management 2020 75

11. Transparency: The design and implementation of an aquatic offset, and communication of

its results to the public, is undertaken in a transparent and timely manner.

76 National Policy Statement for Freshwater Management 2020

Appendix 7 – Principles for aquatic compensation 

These principles apply to the use of aquatic compensation for the loss of extent or values of

natural inland wetlands and rivers (“extent or values” below).

1. Adherence to effects management hierarchy: Aquatic compensation is a commitment to

redress more than minor residual adverse effects, and should be contemplated only after

steps to avoid, minimise, remedy, and offset adverse effects are demonstrated to have

been sequentially exhausted. 

2. When aquatic compensation is not appropriate: Aquatic compensation is not appropriate

where, in terms of conservation outcomes, the extent or values are not able to be

compensated for. Examples of aquatic compensation not being appropriate would include

where: 

(a) the affected part of the natural inland wetland or river bed, or its values, including

species, are irreplaceable or vulnerable: 

(b) effects on the extent or values are uncertain, unknown, or little understood, but

potential effects are significantly adverse:

and preferably a net gain outcome within an acceptable timeframe.   

3. Scale of aquatic compensation: The extent or values to be lost through the activity to

which the aquatic compensation applies are addressed by positive effects that outweigh

the adverse effects.

4. Additionality: Aquatic compensation achieves gains in extent or values above and beyond

gains that would have occurred in the absence of the compensation, such as gains that are

additional to any minimisation and remediation or offsetting undertaken in relation to the

adverse effects of the activity.  

5. Leakage: Aquatic compensation design and implementation avoids displacing harm to

other locations (including harm to existing biodiversity at the compensation site). 

6. Long-term outcomes: Aquatic compensation is managed to secure outcomes of the

activity that last as least as long as the impacts, and preferably in perpetuity.

Consideration must be given to long-term issues around funding, location, management,

and monitoring.

7. Landscape context: An aquatic compensation action is undertaken where this will result

in the best ecological outcome, preferably close to the impact site or within the same

ecological district. The action considers the landscape context of both the impact site and

the compensation site, taking into account interactions between species, habitats and

ecosystems, spatial and hydrological connections, and ecosystem function. 

8. Time lags: The delay between loss of extent or values at the impact site and the gain or

maturity of extent or values at the compensation site is minimised so that the calculated

gains are achieved within the consent period or, as appropriate, a longer period (but not

more than 35 years).

9. Trading up: When trading up forms part of aquatic compensation, the proposal

demonstrates that the aquatic extent or values gained are demonstrably of greater or

higher value than those lost. The proposal also shows the values lost are not to

Threatened or At Risk/Declining species or to species considered vulnerable or

irreplaceable.  

National Policy Statement for Freshwater Management 2020 77

10. Financial contribution: A financial contribution is only considered if it directly funds an

intended aquatic gain or benefit that complies with the rest of these principles.

11. Science and mātauranga Māori: The design and implementation of aquatic compensation

is a documented process informed by science where available, and mātauranga Māori at

place. 

12. Tangata whenua or stakeholder participation: Opportunity for the effective and early

participation of tangata whenua or stakeholders is demonstrated when planning aquatic

compensation, including its evaluation, selection, design, implementation, and

monitoring.

13. Transparency: The design and implementation of aquatic compensation, and

communication of its results to the public, is undertaken in a transparent and timely

manner.