What has happened so far?
Intensive winter grazing (IWG) is a farming practice where livestock (cattle, sheep, deer) are confined over winter (1 May to 30 September) to outdoor feeding areas planted with annual forage crops (e.g., swedes, kale and fodder beet).
The National Environmental Standards for Freshwater 2020 set out some permitted activity standards to determine how this activity could be carried out without needing a resource consent.
However, feedback from the primary and regional sectors showed the standards were difficult to interpret and implement meaning there would be a considerable number of farms (thousands) needing a consent to continue carrying out intensive winter grazing.
As a result of that feedback on the practical challenges associated with meeting and implementing the new requirements, the intensive winter grazing regulations was delayed for one year, to 1 May 2022.
In return for delaying the regulations, the Government is expecting improvements in wintering practice and regional councils have been carrying out further compliance and monitoring of winter grazing practices this past winter.
Which rules do farmers need to follow now?
The restrictions on expansion, requiring that the area of land used for intensive winter grazing on a farm be no greater than the area used on that farm for intensive winter grazing during the reference period (1 July 2014 to 30 June 2019), still apply currently.
These are interim measures, ending 1 January 2025, or when a regional freshwater plan is notified (in line with the NPS-FM).
Regional councils may have rules relevant to intensive winter grazing in the regional plan.
How do the IWG regulations work?
The regulations provide three pathways for farmers to undertake intensive winter grazing:
Pathway 1: Intensive winter grazing activities are permitted if a farmer complies with the default conditions set out in the National Environmental Standards for Freshwater (NES-F).
Government is consulting on changes to the default conditions.
Pathway 2: Intensive winter grazing activities are permitted if a farmer obtains a certified freshwater farm plan (under this pathway, the certified freshwater farm plan must demonstrate that any adverse effects in relation to the intensive winter grazing are no greater than those allowed for by the default conditions).
Government is consulting on freshwater farm plans. You can find more information about this consultation here.
Pathway 3: If neither Pathway 1 nor Pathway 2 can be met, a farmer needs to obtain a resource consent for intensive winter grazing activities.
Which changes is the Government consulting on?
A further delay in when regulations come into force
- A further deferral to the commencement of the intensive winter grazing regulations for six months (so the regulations would begin on 1 November 2022) is proposed. This should provide time for farmers to adjust their practices, cultivation and planting choices in preparation for the 2023 winter grazing season. Note that the definition of intensive winter grazing is only between the period of 1 May to 30 September.
Changes to the permitted activity conditions
No change (i.e., the limit of area used for intensive winter grazing remains at 50 hectares or 10 per cent of the area of the farm, whichever is greater).
Amend to measure the slope threshold as maximum allowable slope instead of mean slope of a paddock (while keeping the existing threshold of 10 degrees).
Amend so that farmers have to take reasonably practicable steps to manage the effects on freshwater from pugging (in areas that are used for intensive winter grazing). Officials will develop guidance to ensure that farmers and councils have a shared understanding of what reasonable and practicable steps are.
Amend the definition of ‘drains’ to exclude sub-surface drains (as originally intended).
Remove the requirement to resow by 1 October (1 November in Otago and Southland) and, instead, require farmers to resow ‘as soon as practicable’, i.e., to minimise the amount of time that bare ground is exposed to the weather, and clarify that other methods of establishing ground cover (e.g. companion planting) are included. Officials will develop guidance to provide more clarity for farmers and councils as to what steps could demonstrate that farmers were resowing as soon as practicable.
Addition of a new condition requiring that critical source areas must be protected (uncultivated and ungrazed). Officials will develop guidance to ensure that farmers and councils have a shared understanding of how critical source areas will be identified and protected.
What are DairyNZ's views?
The DairyNZ media release with our initial view can be found here.
Overall DairyNZ think the proposed changes are positive and a step in the right direction for improving the ability of farmers to implement them on farm.
However, we still need to assess the details of the proposal. How the regulations and future guidance is worded will also be critical in determining the outcome of the proposed changes.
How can I find out more and have my say?
Consultation is open until 7 October. You can find the discussion document and have your say on the Ministry for the Environment website here. Our team are now reviewing the proposals and will prepare a submission on your behalf, and we encourage farmers to also make a submission.