Incompetent bureaucrats rule
REGULATION: Farmers being asked to break the law, writes Murray Holdaway, provincial president Federated Farmers
Isuppose it was inevitable, but it is very disappointing and frustrating. Regulations capping nitrogen use on farms was part of the National Environmental Standard for Freshwater (NES-FW) introduced by Minister David Parker in 2020, to set minimum standards for activities to protect freshwater. They are another example of poor-quality regulations that had little or no practical oversight to ensure they were fit for purpose or would achieve the desired outcomes.
Feds, along with others have put significant work into making these regulations more appropriate, but were frustrated to find the tools and capabilities required at regional council level were not in place for farmers to report the information on the date required, July 31. Farmers were then told not to submit their information until later when systems would be in place to receive it. So, because of bureaucratic incompetence, farmers were effectively asked by the same bureaucrats to break the law until they got their s*** sorted.
Now we have found the same issue with intensive winter grazing. Again, after the hard work has been done by farmers and industry groups to make these regulations workable, the bureaucrats have been unable to put processes in place to allow farmers to get on with what they are good at, producing high-quality, low-footprint food. Farm plans were supposed to be available by now for farmers to fill in their individual information and assess the risks of the winter grazing, mitigate that risk where possible, and obtain a consent if required.
Despite more than two years to get farm plans in place, they are not, so farmers are being asked to take the only option, apply for consents. However, councils are not equipped to deal with the expected number of consents, possibly as many as 1000 in the Horizons Council area, so are establishing interim steps in the hope that will reduce the numbers who need a consent.
This process has the potential to
This process has the potential to compromise the environmental outcomes and is unfairly putting all the risk and cost back on farmers
compromise the environmental outcomes and is unfairly putting all the risk and cost back on farmers, who are simply trying to do what is needed on farm, while ensuring environmental impacts are reduced.
If farm plans were in place as expected, some farmers would be able to proceed with their winter grazing plans, without the cost of a consent, but knowing they were meeting expectations around mitigating environmental impacts. Because bureaucrats have again been unable to play their relatively simple part in the process, farmers are being asked to cover their incompetence.
Councils and government departments should have seen this possibility occurring and worked on a way of dealing with it. To now put it all back onto farmers is unacceptable. This sort of disrespectful behaviour by authorities towards farmers, will do nothing to give farmers confidence and be engaged in making good daily decisions to improve performance, both productivity and environmentally.
It will add to the unnecessary stress and uncertainty that farmers are dealing with, and further reduce the morale and confidence of the sector that is acknowledged by many in our communities, as playing a critical role in keeping New Zealand going.
Dr Nic Peet, Horizons Regional Council group manager strategy, regulation and science responds:
“Regional councils have a job in front of them to implement Central Government regulations. Implementing the nitrogen reporting and intensive winter grazing national environmental standards will be no different to any other new regulation. As part of this process, regional councils have been working extensively together, as well as with industry, to ensure a consistent and considered approach across the country that is practical for both councils and farmers.”
Federated Farmers, Beef + Lamb New Zealand (B+LNZ) and DairyNZ said in a press release this week:
“This has left farmers at risk of breaking the law as planting for winter crops needs to take place in late spring,” quoting Federated Farmers National Board spokesperson, Water and Environment, Colin Hurst.
“We’ve been told by the Ministry for the Environment, Ministry for Primary Industries and various regional councils that ‘it’s ok’ and nothing will happen if farmers get planting, even though they’d be at risk of breaking the law.”
Hurst said Federated Farmers, B + LNZ and DairyNZ anticipated this potential outcome and even warned the Government.
“The Government hasn’t delivered a farm plan pathway as promised and they can’t even tell us when it will be ready,” he said.