Regulatory requirements
Environmental requirements from a number of sources need to be taken into account during the planning stage. They include, but are not limited to, regional councils, district councils, dairy company terms and conditions of supply, and irrigation schemes. Expand each section below to read more:
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District and Regional Councils
The best people to talk to from the district and regional councils are the planners, and the land management staff. It’s always a good idea to talk with senior Planning and Land Management staff first as they should have a broad understanding and will have dealt with dairy conversions before.
- Check if there are any noted features on the property which may need to be managed (e.g. regionally significant wetlands or archeologically significant sites).
- Talk about the potential location for infrastructure i.e. buildings, water-bores, effluent storage, and driveways/entry and exit points; consider future proofing your conversion by placing buildings to allow for future expansion if this may be likely.
- Any potential underpass sites.
- Note all the minimum distances for the placement of buildings, facilities and activities such as effluent storage and application.
- Note requirements around change of land use, and the rules for activities such as earthworks, building, working around waterways, irrigation, water takes, effluent management, nutrient management etc.
- Discuss consent and application processing timeframes, and get in early to avoid holdups and delays during critical times in the conversion.
- Ask about any relevant plan changes or variations to the regional or district council plans that are underway. Regional Councils are currently implementing the National Policy Statement for Freshwater Management. This requires councils to set limits on water quality and quantity by 2030. You need to know where the Council is at in this process and how it might affect your dairy farming business in the future.
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Dairy companies
The regulatory conditions from the Food Safety Authority of New Zealand are included in the terms and conditions of supply provided to farmers by each dairy company. These standards and any other dairy company requirements are independently audited on each farm annually.
- Obtain a full list of terms and conditions of supply from your prospective dairy company.
- Note any significant application deadlines.
- They may have an environmental advisor, or new conversion manager who may be able to help you work through some of the conversion requirements and point you in the direction of other helpful resources.
Animal Products (Dairy) Approved Criteria for Farm Dairies (PDF)
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Irrigation schemes
Ensure you take irrigation scheme requirements into account during your planning stage.
- Be sure to discuss your intentions to convert to dairy with the irrigation scheme provider, some schemes have limitations on land use imposed as part of their consent.
- Most irrigation schemes will have a requirement for an environment plan.
Nationally consistent standards
For future-proofing your investment in farm infrastructure, and to achieve good practice, DairyNZ recommends the practices detailed below as a minimum in every region for new conversions.
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Future-proofing and good practice
- Have your effluent system and storage sized, designed and installed by an Accredited Company. Qualified design companies can be found here.
- Size the effluent application area using the OverseerTM Nutrient Budget, to fall within acceptable nitrogen (N) application rates. Develop a Nutrient Budget and Nutrient Management Plan for the farm with a certified Nutrient Management Advisor.
- Develop a Farm Environment Plan, which should be integrated into your whole farm business plan. DairyNZ has developed the Sustainable Milk Plan as a simple template for an environmental plan, click here for more details. Note: the key to a good plan is consideration of all your options and a list of agreed actions.
- Be strategic about the design and placement of infrastructure and utilities around the dairy; good practice is to allow room for future expansion. Allowing for and linking all of these to the effluent system, and being able to utilise natural landscape fall will make effluent management much easier in future. Focus areas include:
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- stock housing, feeding or standoff areas,
- the dairy and yard, high-use laneways/yard entry and exit points, and
- feed storage facilities including silage pads and bunkers,
- Effluent storage and management facilities.
These areas should also be sealed to capture nutrient losses, and certified by a chartered professional engineer holding a current practicing certificate if required.
District and regional council rules and requirements
Many activities involved in a dairy conversion have rules or controls around them, so it is wise to get in touch with the regional and district council in the early stages of conversion planning.
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Activities which are typically monitored and/or controlled by a regional or district council include:
- effluent management,
- water use and water takes,
- earthworks,
- contouring land,
- draining land or altering a waterway or wetland,
- construction of ponds or dams,
- stock crossing points on waterways (culverts or bridges),
- underpasses,
- offal and rubbish management,
- silage and other feed storage areas,
- animal housing, loafing or stand-off areas.
Houses will also need building consents including approval of any septic/waste water disposal.
The councils are responsible for enforcing The Resource Management Act (1991). The Resource Management Act allows for six types of activities:
Type of activity Requires resource consent Must be granted consent Can be granted consent Can restrict matters to be considered Must have effects which are minor or consistent with plan Permitted No N/A N/A N/A N/A Controlled Yes Yes Yes Yes No Restricted discretionary Yes No Yes Yes No Discretionary Yes No Yes No No Non-complying Yes No Yes No Yes Prohibited N/A N/A No N/A N/A
Houses will also need building consents including approval of any septic/waste water disposal. The councils are responsible for enforcing The Resource Management Act (1991).
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The Resource Management Act allows for six types of activities
Click here to expand this section and see more detail
Type of activity Requires resource consent Must be granted consent Can be granted consent Can restrict matters to be considered Must have effects which are minor or consistent with plan Permitted No N/A N/A N/A N/A Controlled Yes Yes Yes Yes No Restricted discretionary Yes No Yes Yes No Discretionary Yes No Yes No No Non-complying Yes No Yes No Yes Prohibited N/A N/A No N/A N/A
Check out the requirements for new dairy conversions in your region here
Common Questions
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Is this property likely to come under more strict environmental regulations in the future?
As Regional Councils roll out plan changes to comply with the National Policy Statement for Freshwater Management some areas are likely to have more stringent environmental constraints phased in...
In doing due diligence, consider the following:
Is the farm:
- In a freshwater catchment which has a significant community values; i.e. a lake, river, wetland, lagoon, estuary, aquifer, coastal area, geothermal feature etc. Values could include: natural state waters, recreation, archaeological or historical purposes, conservation, hunting and fishing, food gathering, drinking water use, energy generation, etc?
- In the catchment of waterbodies (e.g. lakes, rivers) that are considered to be highly degraded? Councils will be required to identify degraded water bodies and put in place plans to bring them above nationally-agreed bottom lines. These plans may affect all landowners in the catchment and restrict land use activities.
- In an area where there is a high population density or likely to be further urban development in close proximity to the farm?
Are there any significant or sensitive landscape features on the farm such as wetlands, waterways, landslips, poorly drained (or highly drained) areas, areas of native bush, sand dunes, geological features such as rock formations, caves etc., which may need to be carefully managed?
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What are the sensitive environmental factors on this property?
Neighbouring farmers and your district and regional council may be able to help with due diligence around these topics...
- High rainfall - fewer days available for effluent irrigation
- Low rainfall, drought prone – is there a reliable and sustainable irrigation, or supplementary feed sources?
- Drainage- drain maintenance, flooding risk, sedimentation of waterways, water table issues, pugging management, winter grazing, suitability for effluent irrigation, water quality limits suitable sites for effluent pond or other infrastructure
- High number or length of waterways through property
- Presence of a wetland area
- Hills/steep terrain- evidence of slips or unstable ground (may be unsuitable for heavy cattle), limited effluent application options, nutrient loss through water run-off, evidence of flooding in lowland areas, suitable sites for infrastructure
- Soil type- very free draining soils may have groundwater contamination issues, poorly draining soils may have pugging and pose effluent issues, fertility, cultivation and pasture management considerations
