Regulations around winter grazing on arable farms can be tricky to interpret, as they differ by crop and region. FAR staff, with help from Unitary Councils Aotearoa, have compiled answers for some frequently asked questions around IWG on arable farms.
Intensive winter grazing (IWG)…what are the issues?
Livestock grazing is an integral part of many arable farming systems. It provides income for the farm business and assists with crop management and rotations. However, it can also have negative environmental impacts, particularly with regards to freshwater and soil quality.
As such, regulations to better control the impacts of intensive winter grazing were introduced in the National Environmental Standards for Freshwater 2020 (NES-F) as part of the Essential Freshwater reforms. These regulations came into effect on 1 November 2022.
The information below should be considered as guidance only. For information specific to your farm, read this guidance then check with your regional council.
Frequently asked questions about crop and grazing scenarios on arable farms
Question: Do winter grazed annual ryegrass seed crops trigger intensive winter grazing regulations?
Guidance: Winter grazed annual ryegrass seed crops are excluded from the IWG regulations. They are defined as arable crops and may be grazed between May and Sept prior to seed harvest.
Question: I grow a mixed species crop of annual ryegrass and a range of cereal species and break feed over winter for greater stock nutrition. Does this trigger IWG regulations?
Guidance: Although there is no formal definition of pasture, councils are likely to accept it will contain a diverse range of species. Whilst there is no strict ratio,some councils may use them as guidelines i.e. if the other cereal species make up less than 50% of the sward then it is likely be treated as a pasture and it will not trigger IWG regulations. If the other cereal species make up more than 50% of the sward it is likely to be treated as an annual forage crop and will trigger IWG regulations. Check with your regional council.
Question: I grow a mixed crop of primarily pasture species interspersed with other seeds such as oats/rape. This is extensively grazed during the period 1 May to 30 September. There is continuous ground cover and the pasture remains and continues to be managed as pasture. Will this count as ‘pasture’ or will it be seen as an annual forage crop that triggers IWG?
Guidance: Again, it may depend on the ratio of ryegrass to cereal species (see above).
Question: I graze stubble after harvest and the grazing falls between 1 May to 30 September. Does this trigger IWG regulations?
Guidance: Where crops are grown for arable or horticultural land use (see definition below), grazing the stubble of those crops would not be IWG as the activity would meet the definition of arable land use. However, where a crop is harvested one season, and then grown intentionally the next season for the purpose of grazing the crop (with no second seed harvest or silage cut), then winter grazing regulations may apply during that second season.
Question: I grow a range of catch crops (oats) and cover crops (oats and faba beans mix or just faba beans on their own) that are not harvested for seed and are lightly grazed between 1 May and 30 September. Does this trigger the IWG regulations?
Guidance: Yes, these would be considered annual forage crops. However, if your oat catch/cover crop is cut for silage in spring (after a light winter grazing), it may be considered an arable crop as opposed to an annual forage crop.
Question: I grow maize silage and graze annual ryegrass over winter before spring planting maize. Does this trigger IWG regulations.
Guidance: No, annual ryegrass is not considered an annual forage crop.
Question: I grow maize grain and rather than leaving the harvested paddock fallow over winter I’m considering a cover crop of oats and faba beans to improve soil structure. I would graze this over winter and, depending on biomass, take a silage cut after grazing. Would this trigger IWG regulations?
Guidance: If no silage cut is made, this scenario would be considered an annual forage crop and would trigger IWG regulations (the only cover crop that is exempt is annual ryegrass). If a silage cut is made, then the IWG regulations would not apply, as maize grain, maize silage, cereal silage, or mangels are considered arable crops.
Question: I harvest ryegrass seed in February and graze the re-growth the following May. If there is enough regrowth I also take a silage cut after grazing. Does this trigger IWG regulations? I would also like to try adding a legume into the ryegrass re-growth to accumulate nitrogen and reduce synthetic nitrogen applications in the spring. Would this trigger IWG regulations?
Guidance: Whether you take a silage cut or not, grazing the annual ryegrass re-growth between May and September will not trigger IWG regs. Additional species, such as legumes, are unlikely to trigger IWG regulations as long as they do not exceed 50% of the sward. If the other seeds make up more than 50% of the sward it may be treated as an annual forage crop and trigger IWG regulations. Check with your regional council.
Definitions
Intensive winter grazing
(a) means the grazing of livestock on an annual forage crop at any time in the period that begins on 1 May and ends with the close of 30 September of the same year; and
(b) for the purpose of determining whether and how section 20A(2) of the Act applies to any requirement to obtain a resource consent under subpart 3 of Part 2 of these regulations, includes activities on a farm that support intensive winter grazing and may occur year-round, such as the preparation and sowing of land for grazing and the cultivation of annual forage crops
Annual forage crop
A crop that is grazed in the place where it is grown, but does not include:
(a) pasture; or
(b) a crop that is grown for arable land use or horticultural land use (as those terms are defined in section 217B of the Act)
Arable land use
The use of land to grow any of the following crops for harvest:
(a) grain cereal, legumes, or pulse grain:
(b) herbage seed:
(c) oilseed:
(d) maize grain, maize silage, cereal silage, or mangels:
(e) crops grown for seed multiplication:
(f) a crop prescribed in regulations made under section 217M(1)(a)
Horticultural land use
The use of land to grow food or beverage crops for human consumption (other than arable crops), or flowers for commercial supply.
Permitted Activity vs Resource Consent
A Permitted Activity rule outlines conditions that need to be met to operate without a consent. If your activity meets all of those conditions, you don’t need council authorisation, and are not required to notify us of the activity. Find out more here.