New Zealand has more than 50 species of native freshwater and sports fish. It’s important that instream structures such as culverts and weirs are designed to allow for fish passage, so that fish can move upstream and downstream between different river and stream habitats and complete their lifecycle.
Culverts, weirs, flap gates, fords and dams installed after 3 September 2020 must meet minimum reporting requirements such as height, width and location under the Essential Freshwater regulations.
Culverts, weirs and flap gates must meet minimum environmental conditions for fish passage and may need a resource consent.
While the new regulations do not apply to instream structures installed before 3 September 2020, it is still important to ensure those structures provide for fish passage. There are options for remediating or retrofitting structures to help fish passage.
The New Zealand Fish Passage Guidelines set out how to design instream structures that allow for fish passage.
Under national and regional rules, the installation, alteration, maintenance, and removal of some structures is a permitted activity – and therefore does not require resource consent – only if you can meet the specific requirements outlined below.
Regional Plan: Water for Otago rules
National Environmental Standards for Freshwater (NES-F) Regulations
The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent culvert:
If you cannot meet any of these requirements, you will have to apply for resource consent.
The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent weir:
If you cannot meet any of these requirements, and the activity is not prohibited you will have to apply for resource consent.
The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent flap gate:
If you cannot meet any of these requirements, you will have to apply for resource consent.
The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent ford:
If you cannot meet any of these requirements, you will have to apply for resource consent.
The following national and regional rules apply if you are carrying out works to install or maintain a temporary or permanent dam:
If you cannot meet any of these requirements and the activity is not prohibited, you will have to apply for resource consent. Find out more about consent rules for larger dams.
When installing a structure in a waterway, you must provide information about the structure to us within 20 days of it being installed. Information must be provided for both permitted and consented activities.
When you have your information ready, you can send it through using our compliance notification forms. You must provide information about the structure to us within 20 days of it being installed.
We have expert staff to provide localised assistance and advice regarding land management, consents and compliance.
If you think you may require a resource consent, please contact us. We can arrange for you to have a free pre-application meeting.
The New Zealand Fish Passage Guidelines guidelines, developed by NIWA and the Department of Conservation in partnership with the New Zealand Fish Passage Advisory Group, set the foundation for improved fish passage management in New Zealand.
This factsheet from the Ministry for the Environment, sets out the provisions relating to fish passage in the National Policy Statement for Freshwater 2020 and the National Environmental Standards for Freshwater.