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instruction. The glyphosate was approved for use over water by the EPA, and the spraying had
met most of the requirements of NRP Rule R38, except for condition (e) and (f), which required
the following (note: only relevant sections copied below):
Rule R38: Motorised and aerial discharge of agrichemicals – permitted activity
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(e) where the discharge is in or adjacent to a sensitive area, the landowner of a property:
(i) shall prepare and follow a spray plan, and
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(i ) shall notify adjacent neighbours likely to be affected by the discharge of
agrichemicals, and
(iii) shall, where the discharge is onto or into water in a surface water body, notify the
relevant iwi authority, and
(iv) in relation to (i) to (iii) may contract out the responsibility to the applicator, and
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(f) the spray plan required under condition (e) shall be prepared in accordance with
Appendix M4 of NZS 8409: 2004 Management of Agrichemicals
The definition of a
sensitive area is as follows:
A sensitive area includes the following:
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(a) dwelling house, or marae and
(b) educational facilities, and
the
(c) public places, and
(d) surface water bodies and associated riparian vegetation, and
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(e) non-target plants, crops, and bee hives, which are sensitive to agrichemicals, and
(f) organically certified properties, e.g. Bio-Gro, and
(g) natural wetlands, outstanding water bodies listed in Schedule A and ecosystems
and habitats with significant indigenous biodiversity values listed in Schedule F.
The definition of
surface water bodies is as follows:
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Any river, lake, natural wetland, estuary outside of the coastal marine area, or water race,
and their bed.
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An inspection of the affected waterways was undertaken on 29 August 2025. During this
inspection, Dr Bram Mulling confirmed that most of the waterways on the property that had
been sprayed with glyphosate met the RMA definition of a “River” and therefore Rule R38
conditions (e) and (f) did apply.
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The written explanations from both parties indicated that a spray plan was prepared by
and relied upon by
. This spray plan was not prepared in
accordance with Appendix M4 of
NZS 8409: 2004 Management of Agrichemicals.
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Additionally, the notification required under condition (e)(i i) to the relevant iwi authority was
not made. The lack of notification was confirmed in writing by representatives of both
and
and subsequently confirmed by representatives of the
relevant iwi authorities (Rangitāne o Wairarapa and Ngati Kahungunu ki Wairarapa).
Breach(es) of the RMA
This activity contravenes section 15(2A) of the RMA which states that:
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No person may discharge a contaminant into the air, or into or onto land, from a place or
any other source, whether moveable or not, in a manner that contravenes a regional rule
unless the discharge—
(a) is expressly allowed by a national environmental standard or other regulations; or
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(aa) is expressly allowed by a wastewater environmental performance standard, a
stormwater environmental performance standard, or an infrastructure design
solution; or
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(b) is expressly allowed by a resource consent; or
(c) is an activity allowed by section 20A.
This activity is not expressly allowe
under d by a national environmental standard, a wastewater
environmental performance standard, a stormwater environmental performance standard, an
infrastructure design solution, a rule in a regional plan or a resource consent.
Infringement notice
Attached is an Infringement Notice issued under section 343C of the RMA. It is important that
you read and understand the Infringement Notice including the
Summary of Rights on the
reverse side, which sets out the actions available to you if you wish to appeal this notice.
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Please note that if you do not pay the infringement fee and do not deliver a letter requesting a
hearing within 28 days after the service of this notice, you will be served with a reminder notice
requesting payment within a further 28 days. If you do not pay the infringement fee and do not
deliver a letter requesting a hearing in respect of the alleged infringement offence within 28
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