Plan Change 1 (PC1)

• What does an interim decision mean?

  The Environment Court’s decision addresses a wide range of aspects of PC1. An ‘interim decision’ means the Court wants further input from the parties involved before making a final decision about how PC1 should be worded. The Court would like drafts or changes to some provisions and more information about several matters it found insufficient.
• What does it mean for landowners?

  There is no change in how you go about your farming operation at this time. The court decision reaffirms restrictions on land use change that have been in place since late 2016 .

  The decision clearly indicates the likely shape of PC1, which helps everyone prepare to implement it. However, the interim decision does not change the legal effect of the PC1 rules, and the version attached to the decision that the council notified on 22 April 2020 remains the proposed plan change under the Resource Management Act 1991. Rule 3.11.4.2 of PC1 therefore maintains interim permitted activity status for most farming activities.

  The current Waikato Regional Plan remains unchanged alongside PC1 until the final version of PC1 effectively updates the regional plan (or PC1 must be treated as operative under s 86F of the Resource Management Act 1991).

  If you have recently applied for consent, or plan to soon, Waikato Regional Council can help you if you have any questions about your application.
• What can farmers do now to prepare?

  While no action is required of farmers at this stage, you might consider the actions below to get you on the front foot and benefit the environment, regardless of when we find out the final decision.

  Start mapping

  • Erosion sites, critical source areas, stock crossing points and other potential sources of contaminant loss on your farm must be mapped. Make sure that you have, or can access, a digital farm map and start noting these areas when you are out on the farm.

  Keep on fencing

  • Plan Change 1 will require steady progress on stock exclusion. Any waterways you can fence now will help towards meeting the requirements.

  Review good management practices

  • Supported through farm plans, farmers are expected to implement good management practices over time. Now is a great opportunity to familiarise yourself with relevant information available from your industry body and to identify any changes that may be needed to support achieving these expectations.
• Where are we at in the process exactly?

  The interim decision is a significant step forward for PC1. It gives the parties and community a greater understanding of the likely shape of regulation in the Waikato and Waipā River catchments. However, PC1 still needs to follow the steps below before it can replace the relevant provisions in the operative Waikato Regional Plan.
• What happens next?

  The Court gave this potential timeline for PC1 (subject to change on direction of the Environment Court):

  • 27 June - Preliminary submissions on aspects of the interim decision by parties to the appeal process (in particular, all parties are invited to consider whether there are any remaining matters in dispute that are not addressed by the decision).
  • 25 July - WRC must provide the Court with its proposed amendments to PC1 following the interim decision and taking into account feedback from parties.
  • June/July - Anticipated amendments to s 70 of the RMA take effect (being legislative changes which apply to rules about discharges).
  • September - Placeholder to reconvene hearing that considers proposed amendments, changes to s 70 and any matters relating to a s 293 process (the latter being a process to include a method for managing the risk of nitrogen losses from commercial vegetable production that was not requested in the appeals).
  • October - Initiate s 293 process.
  • December target - Issue final decision, except where required to address amendments to s 70 and subject to any need for a s 293 process.
  • First quarter 2026 - Hearing of s 293 matters.

Policy and process of development

• Plan Change 1 in development
  The proposed plan change was developed using an innovative collaborative process working alongside our iwi partners, key stakeholders and communities.

  A Collaborative Stakeholder Group (CSG) was established in 2014 with industry, community and sectors putting forward their own delegates to sit on the group. Thie process meant those who are most affected by the changes were at the table developing the policy and providing input and feedback from their communities and sectors.

  The CSG and Te Rōpū Hautū (project steering group) worked closely with a Technical Advisory Group (Technical Alliance), an impartial, advisory group of specialists who provided technical information to them. The Technical Alliance collated, analysed, summarised and presented environmental, social, cultural and economic information about the rivers and the consequences of different land management scenarios. 

  Information from the Technical Alliance was used by decision makers on the proposed plan change.

  Learn more about the Collaborative Stakeholder Group

  Learn more about the Technical Alliance
• Plan Change 1 and Variation 1 notified

  On 15 September 2016 Council passed a resolution to notify Proposed PC1. Proposed PC1 was subsequently publicly notified on 22 October 2016. Public notice was given on 3 December 2016 of the Proposed Waikato Regional Plan Change 1 – Waikato and Waipa River Catchments being withdrawn in part.

  On 10 April 2018, council notified Variation 1 to Proposed Plan Change 1 for public submissions.

  Learn more about the proposed plan change background and notifications.
• Submissions

  Following notification of Proposed Plan Change 1: Waikato and Waipā River Catchments on 22 October 2016, 1023 submissions were received raising a range of issues and providing suggestions on how the proposed plan change could be improved.

  There were also 61 submissions received on Variation 1 following notification of Variation 1 on 10 April 2018. After the closing date for submissions, council staff create a summary of decisions that have been requested by submitters.

  Learn more about the submissions.
• Hearings

  Hearings were held in 2019, from March to August. 

  Learn more about the hearings, and read proceedings information.

   
• Decisions

  At an extraordinary meeting of council on 18 March 2020, the recommendations made by the Hearings Panel for Proposed Waikato Regional Plan Change 1: Waikato and Waipā River Catchments were adopted, subject to the correction of minor errors, as the council’s decisions on proposed plan change 1.

  The decisions version of Proposed Waikato Regional Plan Change 1 was notified on Wednesday, 22 April 2020, and was subsequently appealed by a number of parties. 

  The Environment Court released its first interim decision on appeals on PC1 on 28 May 2025. 

  On 27 February 2026, the Environment Court released a second interim decision relating only to the status of permitted activity rules in the plan. The decision of the Court provided an interim determination that seeks to clarify PC1 provisions in light of a recent amendment to the Resource Management Act. The Court invited parties to lodge any further evidence “that could potentially mean a different determination would or could result”. Waikato Regional Council will need time to consider this interim decision before deciding next steps.

  • Environment Court New Zealand - Notices of appeals, 274 parties and court documents
    Ext. link
  • Public Notice PC1 Decisions 22 April 2020
    42 KB
  • Proposed Waikato Regional Plan Change 1: Waikato and Waipā River Catchments. The Hearing Panel’s Recommendation Report Volume 1 of 2 – April 2020
    3.9 MB
  • Proposed Waikato Regional Plan Change 1: Waikato and Waipā River Catchments. Decisions Version Volume 2 of 2 – April 2020
    2.4 MB
  • Read the 18 March 2020 council meeting agenda
    5.2 MB

  Material incorporated by reference

  Proposed Waikato Regional Plan Change 1 Decision version occasionally refers to publications that act as a measure to help applicants comply with rules or provisions in the plan. These publications are known as 'material incorporated by reference'.

  • Code of Practice for Nutrient Management (with Emphasis on Fertiliser Use), Fertiliser Association of New Zealand, 2013.
    948 KB
  • Fertiliser Use on New Zealand Sheep and Beef Farms, Fertiliser Associate of New Zealand, 2018.
    1.4 MB
  • Fertiliser Use on New Zealand Dairy Farms, Fertiliser Association of New Zealand 2016.
    1.4 MB
  • Managing Soil Fertility on Cropping Farms, New Zealand Fertiliser Manufacturers’ Research Association (NZFMRA)
    5.2 MB
  • A guide to using the Dairy Effluent Storage Calculator (DESC); Step by step instructions on how to calculate storage requirements, DairyNZ 2015
    3 MB
• Appeals

  Appeals

  You can find the following information on the Environment Court's website:

  • Information on appeals processes
  • Plan Change 1 Decisions, 274 parties and court documents