After legislation was passed in October 2024 preventing the notification of the draft Land and Water Regional Plan (LWRP), the Otago Regional Council has been proactively working with the Government to find a way to provide some certainty for farmers and growers, and water permit holders until a new plan is in place.

When the legislative change was made that prevented all regional councils from notifying freshwater planning measures before a new National Policy Statement for Freshwater Management (NPSFM) was published, or 31 December 2025, whichever came sooner, several previously identified issues with the current plan could not be resolved through the new LWRP.

ORC immediately sought to work with the Government to find a solution which made sure these issues would not result in further expensive and time-consuming processes for the Otago community.

The consequences of delaying notification of the LWRP included uncertainty around achieving compliance with existing discharge rules, resulting in the need for many farmers to apply for resource consents. Water permit holders would also be faced with a complex planning regime when replacing expiring water permits. 
Council requested that the Government consider a legislative fix for these known issues, that would extend the expiry date of existing short-term water permits and override certain discharge provisions of the Regional Plan: Water for Otago – thus providing short term clarity for the region’s produce growers, primary producers and water permit holders.

The legislative fix offers another short-term holding pattern to avoid the undesirable outcomes that would have arisen should no action have been taken. The amendment will extend the duration of most existing short-term water permits for another 5 years, on the assumption that their expiry date will be after a new Plan is put in place.  A simplified consent pathway will be available for any longer-term permits that may need to be replaced before the new Plan is in place.  

ORC Chair Gretchen Robertson says, “I’m very pleased that we have gained support from the Government to address these known issues through a change in legislation. While this only provides some further short-term certainty for the Otago community it ensures we avoid unnecessary costs and regulation until new freshwater rules are in place.” 

People with questions relating to their own consents can email: consent.enquiries@orc.govt.nz