Wetlands

A "wetland" can be a swamp, or a bog, or a river or lake margin. The land might be wet with fresh water, brackish water, or sea water. Sometimes it might not be wet at all. Wetlands are not useful farmland and you can't build a house on them.

But it is a matter of National Importance to preserve the natural character of wetlands from inappropriate subdivision, use and development (see section 6 of the Resource Management Act). Why? Here's a few reasons. In river systems wetlands act like giant sponges and absorb water during heavy rain, acting as a natural method of flood control. On shorelines and river margins they can reduce the energy of waves, currents or other erosive forces. On river and lake margins they can filter out sediment that would otherwise get carried into the water when it's raining. And probably most importantly, they are full of native plants and animals and there's not many wetlands left.

Wetland is defined in the Resource Management Act as

includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions.

Regional rules in the Regional Freshwater Plan control -

• taking, using, damming or diversion of water from a wetland
• disturbing the bed of a wetland (if it is part of a river or lake)
• discharging contaminants into water in a wetland.

Some rules in the Regional Freshwater Plan specifically apply to wetlands; others do not distinguish between wetlands and other water bodies.

Damming and diverting water in a wetland

Rule 8 of the Regional Freshwater Plan permits the damming and diversion of water by existing lawful structures. This rule applies to all water, except coastal water and geothermal water. Compliance with this rule is not subject to any conditions except that the structure must have lawfully existed on 25 January 1997 (the date the Plan was publicly notified).

Rule 9 of the Regional Freshwater Plan permits the diversion of less than 1.5 cubic metres per second of water from an intermittently flowing stream provided the diversion complies with conditions stated in the rule. This rule also allows diversions from a wetland if the wetland is part of a stream.

Rule 9A of the Regional Freshwater Plan permits the diversion of water from an artificial watercourse or drain provided the diversion complies with conditions stated in the rule, including that there is no lowering of water levels in a wetland.

Rule 9B of the Regional Freshwater Plan permits the diversion of groundwater (i.e. drainage) provided the diversion complies with conditions stated in the rule, including that there is no lowering of water levels in a wetland.

Rule 18 of the Regional Freshwater Plan requires a water permit to divert water from any wetland with a high degree of natural character (listed in Part A or B of Appendix 2 of that Plan). This is a non-complying activity.

Rule 16 of the Regional Freshwater Plan requires a water permit to dam or divert any water in or from a wetland unless the diversion is allowed by Rule 8 or Rule 9, and provided it is not specifically restricted by Rule 18. This is a discretionary activity.

Disturbing the bed of a wetland

Rule 50 of the Regional Freshwater Plan requires a land use permit to reclaim the bed of any wetland with a high degree of natural character (listed in Part A or B of Appendix 2 of that Plan which can be downloaded from the right of this window). This is a non-complying activity.

Rule 51 of the Regional Freshwater Plan prohibits the reclamation of the bed of Lake Wairarapa. No resource consent can be granted for this activity.

Rules 22 to 42 permit various uses of the beds of lakes and rivers, including the construction of small dams (rule 26), the maintenance of drains (rule 39) and the removal of vegetation (rule 40), provided the activity complies with the conditions stated. If the wetland is part of a lake or river as defined in the RMA, these rules will apply.

Rules 43 to 48 require a land use consent for various uses of the beds of lakes and river, including culverts, bridges (rule 47), and the placement of erosion control structures (rule 48). These are controlled activities provided the use complies with the standards and terms stated in the rule. If the wetland is part of a lake or river as defined in the RMA, these rules will apply.

Rule 49 requires a land use permit for all remaining uses of river and lake beds. If the wetland is part of a lake or river as defined in the RMA, these rules will apply. For example, the reclamation of a wetland (that is part of a river or lake bed) that is not listed in Appendix 2 would require consent under this rule. This is a discretionary activity.

Discharges to wetlands

Rule 6 of the Regional Freshwater Plan requires a discharge permit for the discharge of water or contaminants to water in a wetland with a high degree of natural character (listed in Part A or B of Appendix 2 of that Plan). This is a non-complying activity.

Rule 1 of the Regional Freshwater Plan permits discharges of water and minor contaminants to wetlands without a high degree of natural character (not listed in Part A or B of Appendix 2 of that Plan) provided the discharge complies with conditions stated in the rule.

Rule 2 of the Regional Freshwater Plan permits discharges of stormwater to wetlands provided the discharge complies with conditions stated in the rule. Although this rule is not subject to Rule 6, which restricts discharges to wetlands with a high degree of natural character (listed in Part A or B of Appendix 2 of that Plan), Rule 6 is more specific than this rule, and so over-rides this rule.

Rule 3 of the Regional Freshwater Plan requires a discharge permit for discharges of stormwater to wetlands if the stormwater contains drainage from stockyards or areas where hazardous substances are stored. This is a controlled activity provided the discharge complies with the standards and terms stated in the rule.

Rule 5 of the Regional Freshwater Plan requires a discharge permit for any discharges to wetlands other than discharges controlled by Rules 1, 2, 3, or 6. This is a discretionary activity.

Taking water from a wetland

The rules applying to abstractions of water from wetlands depend whether it is in the coastal marine area or inland. See the water takes activity page.