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Second interim decision released, Plan Change 1 moves a step closer to completion

Published: 03/03/2026

A groundbreaking plan to improve water quality in the Waikato and Waipā rivers has moved a step closer to completion, with the Environment Court releasing its second interim decision.

The interim decision released on 27 February is focused on a key tenet of the proposed Waikato Regional Plan Change 1 (PC1) framework – permitted activities and how they relate to the recently amended section 70 provisions of the Resource Management Act (RMA).  

Waikato Regional Council Chief Executive Chris McLay said, “Our council was successful late last year in advocating to the Government for last minute amendments to the RMA to ensure farming in parts of the region remained permitted activities.  

“This interim decision of the court supports the use of permitted activities for some activities covered by PC1, and is good news for those 2800 farmers in the catchments who were potentially impacted.

“We do, however, need to make sure these gains aren’t lost through the proposed amendments to the RMA and we’ll be reiterating this in speaking to the Select Committee about our submission in mid-March.”

Mr McLay acknowledged it had been a long process for a complex plan change that had been in development for 13 years. “This interim decision is another important step towards a final decision from the Environment Court.”

This interim decision, with the primary focus on the use of permitted activities and s70 of the RMA, gives parties until 20 March to advise the court if they consider further evidence needs to be provided or identify any matters of fact, expert opinion or law they consider has been omitted or not appropriately interpreted or referenced.

The court has indicated that following receipt of this information they will determine if further evidence or additional steps will be needed, with a view to issuing a final decision on PC1 matters as soon as possible.

Background

Our rivers are showing the signs of being affected by contaminants, with an increase in algal blooms and decrease in swimmability. The longer we wait to address these effects, the harder and more expensive it will be to fix.

That’s where Healthy Rivers/Wai Ora comes in. It’s the bold first step in an 80-year journey to achieve rivers that have improved water quality, are safe for food gathering along their entire length and meet the requirements of Te Ture Whaimana o Te Awa o Waikato.

It is a change to the Waikato Regional Plan, with rules to manage both point source discharges (such as sewage from towns and waste from factories) and non-point source discharges linked to agriculture. First developed with the community, it allows for the management of nitrogen, phosphorus, sediment and bacteria in the Waikato and Waipā river catchments.