By Anna Bensemann, Senior Planner, Baseline Group Marlborough | Jul 27, 2023
The National Policy Statement on Indigenous Biodiversity (NPS – IB) will have an impact on landowners' ability to clear native vegetation on private land starting from 4 August 2023. The primary objective of the NPS – IB is to ensure no net loss of indigenous biodiversity across Aotearoa New Zealand. It encompasses provisions that district and regional councils must adhere to in order to implement changes to their planning regulations.
One crucial aspect of the NPS – IB is the requirement for district councils to identify Significant Natural Areas (SNA) within their respective districts. If a landowner disputes the designation of an SNA, the Council must conduct an onsite assessment to verify the extent of the area in question.
Designating land within an SNA will trigger specific rules and policy guidelines regarding the scale and nature of clearance permitted, all aimed at achieving the overarching goal of the NPS – IB. These rules will come into play during earthworks, subdivision, or land clearance activities within identified areas. If these activities exceed the permitted standards, landowners will need to obtain resource consents. Such rules are designed to prevent clearance that would diminish critical areas, fragment important biodiversity zones, or compromise buffers around SNA areas, thus safeguarding the quality and quantity of the remaining SNAs.
The NPS – IB also extends to indigenous biodiversity outside of identified SNA's, requiring all decisions to follow an "effects hierarchy." This means prioritizing avoidance of adverse effects, followed by minimizing and remedying any unavoidable impacts. If these objectives cannot be reasonably met, biodiversity offsetting or compensation measures will be provided.
While the NPS – IB sets a fairly strict line, there are exceptions to accommodate specific situations. These include provisions for constructing single new dwellings on landholdings without existing dwellings and permitting mineral extraction (excluding coal) that offers significant national public benefit, as well as aggregate extraction with similar public benefits. The operation or expansion of existing coal mines is also exempted under certain conditions.
The NPS – IB also addresses situations where maintaining improved pasture for farming might affect an SNA. In such cases, councils must permit the continuation of improved pasture maintenance, provided there is evidence that it is part of a regular, periodic cycle. However, any intensification, scale increase, or character change of such activities beyond previous levels is not allowed.
The impact of the NPS – IB on district plans will vary. While some councils may not need significant changes due to existing provisions aligning with the NPS – IB, others may need to revise their planning regulations, potentially affecting farming practices near native bush areas.
For landowners, it is crucial to stay informed about any plan changes introducing SNAs, as they will impose some level of restriction. Being aware of these changes will help them understand any additional limitations that may apply to their farmland.
By implementing the NPS – IB, New Zealand takes a significant step towards preserving its indigenous biodiversity for future generations. The journey may present challenges, but the long- term benefits for the environment and society make it a crucial and worthy endeavour.
Articles you might be interested in
- Spotlight on District Plan Provisions
- Is the RMA really the problem?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Risks to farmland in the planning framework
- A New Dawn for Granny Flats and Accessory Dwellings
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- The Role of Planning in Land and Property Development
- Confused by Environmental Legislation? You are Not Alone.
- The dream of subdividing your land
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Rural Allotment Sizes set to Double
- Buildings under exemptions may still need resource consent
- Who Shapes our Planning Rules?
- A Practical Guide for District Plan Reviews
- Housing Growth continues in Selwyn with Legislative Support
- The importance of knowing your boundaries
- Minimum Car Parking Requirements to be Chopped
- Planning Permissions – Resource Consent or Plan Change?
- Crunch Time For New Freshwater Legislation
- Tiny Homes and Granny Flats
- Have your say on Development Projects
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Game changers for housing under the RMA
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Flood Management – An Update
- State highways, noise and reverse sensitivity: what’s the buzz?
- Who Pays for Infrastructure in Greenfield Land Development?
- Navigating Prior Engineering Acceptance for Urban Developments in Selwyn
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- What does your zone mean for you and your property?
- Tiny Home Revolution May Not Save Costs
- Flood Management | Changes in Selwyn
- Subdividing – The Basics
- Why we have complicated septic tank disposal rules
- Commercial Activity in a Rural Zone – What’s the Harm?
- Land Development opportunities and times of change
- Is it a Wetland or Not?
- Ensuring Compliance with Resource Management Laws
- What does a professional planner do?
- The impact of consent notices when purchasing land
- Fundamental Culture Shift in New Zealand Planning Legislation.
- Hazardous activities, land contamination and resource consent applications
- Time's up on the RMA
- Burning crop stubble on your property?
- Going for housing growth, to improve housing affordability
- Change isn't coming, it's here!
- The Great Forestry Debate
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- District Plan in Selwyn – How will it Affect You?
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Back to Basics for the RMA Reforms
- The costs of subdividing hitting Selwyn | development contributions
- Understanding Zoning and Density Rules in Selwyn
- Indigenous Biodiversity: what does it mean for a farmer?
- How lizards might affect your new development
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Submissions to a Resource Consent by Affected Parties
- Good District Plan provisions save time and money
- Outstanding Natural Features and Landscapes - effect on farming
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Wild Weather and Resource Consent Requirements
- Time matters – With Resource Consent
- What does an activity status mean for your land development?
- Negotiating with Neighbours Under the RMA
- Housing Intensification – Not for Everyone Says CCC
- Historic Heritage Challenges for Landowners
- The Taking of Esplanades at the Time of Subdivision
- Selwyn District Council Changes Urban Allotment Sizes
- Rural allotment sizes set to double in West Selwyn
- Is planning the cause of red tape for land development?
- Boundary disputes – What are they and how can you resolve them?
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- But that’s the way we have always done it!
- Proposed Selwyn District Plan Update
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Understanding Land Covenants: What You Need to Know
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- RMA changes are coming, are you ready?
- Councils are Increasing Residential Density, but why, who does it benefit?
- Minimum car parking requirements to be chopped
- Our History - How We All Play a Part in its Protection
- The Role of Planning in the Climate Change - Discussion for Agriculture
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Rivers, Lakes and Coastline, Public Space for All
- With increasing density, good design matters
- Planning land use to be resilient to natural hazards
- Managing Waterbodies on Your Property: What Landowners Need to Know
- Managing Cultural Heritage Sites
- What to do when you inherit land
- Cross lease titles - an overview
- Cross Lease Titles
- How might Development Contributions affect you?
- Crime Prevention Through Environment Design (CPTED)
- Proposed Selwyn District Plan - What next?
- Planning Rules can Affect Property Value