Plan Change 2 - Environment Court update and FAQs
Webpage last updated 21 July 2026
The Environment Court has released its decision on Plan Change 2 (PC2). This decision confirms the plan framework for regulating existing intensive farming land use activities, and provides a workable pathway for those farming land uses (IFLU) to seek resource consent. We are still working through the exact details around implementation, and will share more information as and when we have it.
We appreciate people have questions about PC2. To help with answering them, we’ve provided a range of FAQs. If you have further questions which are not answered here, or by the general PC2 section of our website, feel free to contact us on freephone 0508 800 800 or by emailing help@horizons.govt.nz.
What is Plan Change 2?
PC2 is an amendment to the One Plan, which addresses an issue Horizons identified with the policy and rule framework for managing existing IFLU within targeted catchments in the region. The plan framework was not working as intended at the time the One Plan was made operative (as discussed below).
One Plan and Intensive Farming Land Uses
The One Plan regulates existing IFLU in targeted catchments where water quality is degraded by excess nitrogen. The One Plan requires consent for new IFLU throughout the region, to ensure any nitrogen leaching is limited. In the targeted catchments, consents are also required for existing IFLU, to limit nitrogen leaching.
IFLU include dairy farming, commercial vegetable growing, cropping and irrigated sheep and beef farming.
What were the issues for existing IFLU?
Originally, the One Plan managed existing IFLU in targeted catchments through two rules:
Controlled Activity Rule: If the nitrogen leaching from an IFLU farm was less than the limits specified in Table 12 (estimated using Overseer*) and the activity met other conditions, the IFLU could be considered as a controlled activity. This means consent must be granted and may be subject to conditions.
Restricted Discretionary Activity Rule: If the IFLU farm could not meet the nitrogen leaching limits in Table 12 or did not comply with the other conditions, the IFLU would need consent as a restricted discretionary activity. This means Horizons would assess the application against particular matters specified in the One Plan and it had a discretion whether to grant consent with conditions or decline consent.
However, over time, changes to Overseer and issues within the One Plan policy framework meant neither of these rule options were realistically viable. Overseer version changes meant that the nitrogen leaching limits in Table 12 became out of step with current Overseer estimates of nitrogen loss, even where there was no on-farm change and no actual increase in nitrogen leaching from the land (in some cases the estimates were far higher). These changes impacted on the ability for existing IFLU to meet Table 12 limits. Also, the policy framework was found to contain an unforeseen obstacle that prevented the grant of consent where Table 12 limits were exceeded.
We notified PC2 in 2019 to address those issues.
*Table 12 was originally Table 14.2.
What is the status of PC2 now?
Our 2021 decision on PC2 was appealed by several parties, with the hearing process of that appeal concluding with closing submissions in August 2024.
The Environment Court released its decision in June 2026. Officers are presently updating the One Plan provision in accordance with the Environment Court's final decision and directions. We are working towards taking the plan change to Council for a resolution confirming the operative date. This will happen in the coming months.
Does PC2 still rely on Overseer?
PC2 does not delete Table 12. Table 12 is retained as a controlled activity pathway, but address the issues with Overseer version changes through amendments and ensures the Table 12 limits remain comparable with (equivalent to) current Overseer versions.
What will consenting requirements be?
In summary:
Existing IFLU in target catchments require consent if they do not already have consent.
Farmers and growers can apply as a controlled activity if:
The cumulative nitrogen leaching loss from the land will be less than the maximum values specified in Table 12 (i.e. the Year 10 and Year 20 maximum values), or
Specified reductions in nitrogen leaching loss will be achieved (specified reduction pathways):
For commercial vegetable growing: a 35% reduction relative to the 2012/2013 baseline growing season, or
For dairy farming, intensive sheep and beef, or cropping; nitrogen leaching loss will be reduced to whichever of the following limits produces the lowest leaching rate:
80% of the nitrogen leaching for the 2012/2013 baseline, or
the 75th percentile nitrogen leaching loss limit specified in a new Table 156.
Farmers and growers may need to implement nitrogen reducing measures (good and best management practices, and potentially additional measures) to achieve the reductions required to meet the Table 12 values or the specified reduction limits. Applicants should take advice from farming and horticultural specialists to identify ways to achieve this.
The specified reduction pathways are only available for the first year after PC2 becomes operative. This means applications must be lodged and accepted as complete within 12 months of the plan being made operative. Applications lodged later than one year after the date PC2 becomes operative must comply with Table 12 or apply for consent as a discretionary activity.
Applications that do not comply with Table 12 or the specified reductions can apply at any time for discretionary activity consent.
What if someone cannot meet the nitrogen leaching requirements for a controlled activity after PC2 is operative?
If someone operates an existing IFLU in a targeted catchment and they are unable to meet the nitrogen leaching limits for a controlled activity pathway, they will need to apply for a discretionary activity consent. In that case, an applicant will need to demonstrate how nutrient leaching is being reduced to the maximum extent reasonably practicable in the shortest feasible timeframe. Alternatively, a discretionary consent can be sought to transition to a non-intensive farming land use within five years.
PC2 was notified to restore the consenting framework for IFLU. The expectation of the Environment Court and Horizons is that the amended One Plan will be adhered to, with all farmers who require consents applying for them in accordance with the One Plan.
What are the requirements for a controlled activity consent?
To qualify for the specified reduction pathways, farmers and growers will need to provide information that accurately describes the nitrogen leaching baseline for the 2012/2013 growing season. Our Rural Advice team can provide guidance on the type of information required to establish the 2012/2013 nitrogen leaching baseline. Find more out about them here.
Farmers and growers can start assembling this important information now. If this information cannot be provided and if the application does not meet Table 12, applications will be considered as a discretionary activity.
Controlled activity applications will need to include a nutrient management plan that demonstrates either compliance with Table 12 or how the specified reductions will be achieved. A nutrient management plan will also be required for any discretionary activity consent. Implementation of the mitigations proposed in the nutrient management plan for reducing nitrogen will become the focus of our compliance monitoring.
The PC2 rules specify what needs to be included in the nutrient management plan (and Horizons will be able to provide further guidance on this).
Applicants will need to engage a specialist who has a Certificate of Completion in Advanced Sustainable Nutrient Management, to assist them with preparing the consent application.
What are the requirements for a discretionary activity consent?
A discretionary consent will need to address a greater amount of information and provide a broader and a more detailed Assessment of Environment Effects (AEE) than a controlled activity application.
For a discretionary activity consent, a comprehensive AEE will be required, assessing the effects of contaminant discharges from your farm (including nitrogen, phosphorus, sediment and faecal contamination) on matters likely to include groundwater, downstream water quality, instream ecological values, Māori cultural values, downstream drinking water supplies, recreational values (e.g. the impact of pollution on swimming holes). Additional statutory requirements under the RMA will also need to be addressed, including any relevant Treaty Settlement legislation.
The AEE will need to be detailed, and well justified against the plan requirements in support of the grant of resource consent. Importantly, while a controlled consent must be granted, a discretionary consent may be declined.
Can someone make an application themselves, or will they need a farm advisor/specialist to do this?
We recommend people obtain advice around the requirements for their consent applications. While we will provide some guidance regarding application forms/templates and information requirements, people will need to obtain their own technical advice to inform any consent application. Technical advice will be required from (at least) a farm advisor in support of a controlled activity application. The complexity of discretionary activity applications will need the assistance of an RMA specialist and/or advisors with relevant technical expertise depending on the range of effects anticipated from the activity.
Either way, farmers know their farm environment and on-farm practices – so we suggest they start putting together the key information likely to be needed in an application (see below).
What should IFLU farmers do at the moment?
Our advice to all existing IFLU farmers in the targeted catchments is:
Start engaging with industry groups (e.g., DairyNZ, Beef+Lamb NZ, Horticulture NZ) now. Many of these groups have been active throughout the PC2 appeal, and should be able to give support and advice in preparing for the consenting process.
Collect as much information as possible about farm/s leaching rate/s. This may include previously prepared base Overseer files, stock transport records, and fertiliser records, among other sources.
Be prepared to quantify any nitrogen leaching reductions (and related farm practice changes) made since 2012/13, and be prepared to make further reductions (depending on what form of PC2 the Court approves).
Apply for resource consent as soon as possible.
Monitor Horizons website and talk to a member of our Rural Advice team or a Consent Officer if there are any questions.
What is Horizons doing to help?
We are working on a checklist of what needs to be included in applications for consent. We are also able to provide general guidance about practices to reduce nitrogen.
We will create more resources as and when we have a better understanding of the Environment Court decision.