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Coastal land development

Issues

Natural character of the coastal environment

Defining 'natural character '

The preservation of the natural character of the coastal environment is a matter of national importance under s6 of the RMA. Natural character is not defined in the RMA and the term has been interpreted by practitioners and the Courts in different ways. The Environment Waikato report Natural Character Concept Development in New Zealand Planning Law and Policy provides a good discussion on the different interpretations of natural character. There is also a large amount of case law around the definition of natural character. Uncertainty still remains around the meaning of other key words in s6(a), such as 'preservation ', 'protection ' and 'inappropriate ', making them current challenges in practice.

The Environment Court in Meridian Energy Ltd v Wellington City Council [2007] W031/07 set out the following criteria for determining naturalness:

In this case the Court also identified the importance of the natural character of the coastal environment to determine other important matters such as landscape and visual amenity. The Court defined natural character as "a baseline from which other issues such as outstanding natural landscapes and features and visual amenity flow" and determined that both the intrinsic and experiential dimensions of the natural character of the coastal environment must be addressed in assessing landscape and visual effects.

Natural character is generally considered as a ‘product of nature’ (see Harrison vs. Tasman District Council [1993] W42/93). This definition means all coastal environments have some natural character, with the degree of natural character varying on a spectrum of naturalness – from predominately unmodified through to highly modified, built environments. Important elements of ‘natural character’ include:

All these elements may have different values attached to them including cultural, amenity, scientific, visual, and biological values.

While the NZCPS 1994 does not provide a definition of natural character, policies 1.1.2 to 1.1.4 identify specific elements of natural character which must be given priority for preservation. Policy 30-34 of the Proposed NZCPS 2008 provides a more detailed breakdown of these priorities.

Developments in areas where natural character has been compromised (eg, coastal areas dominated by houses or other structures) should be managed differently to pristine or predominately unmodified areas. Restoring the natural character of modified coastal environments should also be considered in some cases (see Policy 35 of the Proposed NZPCS 2008 for guidance on when this is appropriate).
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Loss of natural character

The natural character of the coastal environment can be adversely affected through the effects of coastal subdivision, use and development. In the Community Guide to Coastal Development under the RMA 1991, (note this document was prepared before the recent amendment to the RMA),the Environmental Defence Society outlines the following impacts that development can have on the natural character of the coast:

The extent to which this development impacts on natural character will depend on how modified the environment currently is, and how well the development has been designed to accommodate elements of natural character (including coastal processes) and mitigate adverse impacts.

Policy 1.1.1 of the NZCPS 1994 states that it is a national priority to preserve the natural character of the coastal environment by encouraging appropriate development in areas where natural character has already been compromised. This approach favours the concentration of development so that sprawling or sporadic subdivision is avoided and cumulative effects are minimised.

Managing the cumulative effects of coastal development can be a significant issue once the precedent for development has been set. Where coastal development has resulted in a reduction in the degree of natural character this may result in that area being considered more appropriate for future concentration of development. It is important that plans have clear policies in place to avoid adverse cumulative effects and Policy 21 of the Proposed NZCPS 2008 suggests the following approaches:

Restoration of natural character

Policy 1.1.5 of the NZCPS 1994 states that it is a national priority to restore and rehabilitate the natural character of the coastal environment where appropriate. Practitioners should consider the restoration and rehabilitation of natural character of areas that are already developed and those areas under pressure for development. There are a number of important considerations that will determine when it is appropriate to restore natural character and Policy 35 of the Proposed NZCPS 2008 provides guidance on the circumstances when it is appropriate to restore natural character.

When considering new proposals for coastal development, practitioners should determine whether the adverse effects on natural character of the coastal environment from development can be remedied, mitigated or offset by restoration or rehabilitation. Restoration and rehabilitation of natural character can be required as conditions of resource consents for new development.

In already developed areas, restoration and rehabilitation efforts of natural character in these areas of the coast will generally require the cooperation of landowners.
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Protecting elements of natural character important to tangata whenua

Protecting and preserving the natural character of the coastal environment is of particular importance to tangata whenua. There are many important natural character elements to tangata whenua such as:

Policy 1.1.3 of the NZCPS 1994 that states it is a national priority to protect particular features within the coastal environment that are essential or important elements of natural character. This specifically includes characteristics of special spiritual, historical or cultural significance to Maori, identified in accordance with tikanga Maori.

Coastal land development and the associated impact on the natural character of coastal environment and natural coastal processes can be of concern to tangata whenua. Development activities can result in the introduction of exotic weed species into areas of indigenous biodiversity. Land-use change may disrupt natural coastal processes such as the mixing of salt and freshwater in estuaries and lagoons. This may have adverse effects on the distribution of mahinga kai, the ability to gather it, and the ecological balance of the coastal environment.

The challenge for practitioners is to identify and evaluate important elements of natural character to tangata whenua. The holistic approach to the environment taken by tangata whenua can make it difficult to separate out elements of the environment that are more important than others and require special protection. It can be difficult to develop methods and ways to store and retrieve information, to identify and record significant places or areas of historic or cultural significance to tangata whenua.
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Coastal landscape

Identifying coastal landscapes

Identifying significant, high natural character and outstanding coastal landscapes is a challenge for practitioners as there is no single defined method to evaluate landscapes. The Environment Court (refer Wakatipu Environmental Society Incorporated and others v Queenstown-Lakes District Council [2000] NZRMA 59) has indicated that the concept of landscape has a wide scope under the RMA and includes, at least, the following important aspects:

Councils are required to recognise and provide for the protection of outstanding features and landscapes from inappropriate subdivision, use and development under s6 of the RMA. There is also considerable overlap between protecting coastal landscape and preserving natural character although they have different emphases. Coastal landscape assessment and protection is therefore a important consideration for councils managing the impacts from coastal land development.

The Landscape Guidance Note (currently being updated) provides information on identifying and protecting landscapes.
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Managing expanding development impacts on coastal landscapes

The demand for beachfront and lifestyle properties in popular locations, and the high cost of these properties, often generates demand for coastal property in nearby, less developed areas. Development of buildings and infrastructure that expands along the coast in a linear fashion is termed 'ribbon development ' and either forms in itself but certainly leads to urban sprawl and sporadic subdivision. Development may also expand to higher (and more visible) areas to obtain views of the coast. Both types of development have the potential to significantly impact on coastal landscapes and natural character by changing the naturalness of an area, and the visual, cultural and amenity values associated with the coastal landscape.

Avoiding sprawling or sporadic subdivision, use or development is identified in policy 1.1.1 of the NZCPS 1994 as a way of preserving and protecting the natural character of the coast. Coastal development can also be designed and located to minimise adverse effects on landscape, natural character and amenity values. The challenge for practitioners is to ensure that RMA planning documents reflect the principles of the NZCPS 1994 and section 6 of the RMA by avoiding the adverse impacts of expanding development on coastal landscapes while still allowing for appropriate development in locations where development is considered appropriate.
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Impact on landscapes when viewed from land and sea

Coastal landscape views from land and sea can be adversely affected by the individual and cumulative effects of inappropriate subdivision, use or development. Coastal developments can be highly visible from the sea and often have a significant impact on quality of the visual landscape from the sea. Coastal development may also be visible from land that is not directly adjacent (eg, other side of the harbour) and adversely impact on the coastal landscape from that land.

Practitioners should consider landscapes in their entirety and their role within a wider area of coastline. Where possible, practitioners should maintain and enhance the visual coastal landscape links between the coastal marine area and the landward coastal environment.
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Importance of coastal landscapes for tangata whenua

Coastal landscapes are of particular importance to tangata whenua, given their strong historical, cultural and spiritual association with the coastal environment. This association is reflected in Maori tradition and legends associated with coastal landscapes, including wahi ingoa (place names), purakau (traditional stories) and whakatauki (proverbs), and the continuing exercise of customary activities.

Particular coastal landscapes may be identified as significant cultural landscapes by tangata whenua. Such landscapes may include concentrations of significant sites such pa and wahi tapu sites. They may also include important pou whenua, such as rock formations, cliffs and trees that provide traditional markers within the environment. Pou whenua reflect and symbolise the historic, cultural and spiritual association of tangata whenua with a particular area. Other important aspects of coastal landscapes include view shafts to and from marae and the sea, the views of prominent headlands, and ara (trails).

Changes to the coastal landscape as a result of coastal land development can affect the relationship of Maori with ancestral lands, water, wahi tapu and wahi taonga.
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Coastal biodiversity

Impacts on marine biodiversity from land development

Marine biodiversity is vulnerable to the impacts of coastal development and is particularly affected by discharges from urbanised areas of the coast. Particular effects on marine biodiversity from coastal land development can include:

The increase in sediment and nutrient discharges to the coastal marine area from coastal development has been identified as contributing to the accelerated growth of mangroves in many northern New Zealand harbours. Mangroves are an indigenous plant that play an important role in coastal ecosystems by enhancing water quality, protecting coastal margins from erosion, and providing habitat for coastal flora and fauna. However, the expansion of mangrove communities can raise some issues including:

For these reasons finding the appropriate response to manage the expansion of mangroves can be challenging.
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Fragmentation and displacement of coastal biodiversity

Many coastal habitats provide important ecological corridors or sequences of vegetation from the coast through to inland areas. However, there are relatively few coastal areas where these sequences from the coast to the hills remain intact. Further coastal development can result in increased fragmentation of natural habitats through damage or removal of vegetation, particularly in areas of sensitive dune and wetland vegetation. Coastal development impacts such as the removal of vegetation, increased foot traffic and vehicles, local weed infestations and the introduction of domestic animals may also result in the disturbance, destruction or displacement of coastal fauna.
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Lack of information on marine biodiversity

The protection and restoration of marine biodiversity is a national priority (refer to Policy 1.1.2(c) of the NZCPS 1994 and the New Zealand Biodiversity Strategy 2000) as coastal margins and waters provide unique and complex ecosystems and habitats. However, there is a lack of information on marine biodiversity and the impacts of coastal development on marine ecosystems and habitats. Despite a lack of information it is widely accepted that marine biodiversity is highly vulnerable to impacts from coastal land development. For example, estuaries have significant biodiversity value that can be compromised by coastal developments through contaminant-laden discharges, reclamations, structures and disturbance of physical processes.

Marine reserves provide benchmark information about marine biodiversity in different marine settings, but they currently represent less than one percent of New Zealand coastal waters. Practitioners often have to rely on localised assessments of marine biodiversity through resource consent applications. Characterisation reports prepared by community groups may also provide local assessments of marine biodiversity.
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Biosecurity threats

Human migration and occupation has resulted in various exotic species being introduced into the coastal environment. Dunes are particularly susceptible to weed invasions from coastal development and estuarine and other coastal ecosystems can be threatened by the invasion of exotic species such as the Asian date mussel and undaria seaweed. These species are generally spread by vessels associated with increased coastal use and land development and the exchanging of ballast water, boat hull encrustations, and transport of equipment from one coastal area to another.
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Protecting biodiversity values, materials and resources of particular importance to tangata whenua

Managing the impacts of coastal land development on indigenous biodiversity on both land and sea is a significant issue for tangata whenua. Maintaining biodiversity ensures health and abundance of coastal resources such as kaimoana and cultural materials such as taonga raranga (eg, pingao, a native sand sedge used in traditional cloaks and tukutuku), and helps to protect the mauri of the coastal environment.

Tangata whenua may advocate that particular areas of indigenous biodiversity require enhancement, as opposed to maintenance, especially where the area has been degraded.

Some coastal environments and associated biodiversity, such as particular dune systems, will have particular significance to tangata whenua. Information on these systems and associated values can be insufficient for decision-making. It is important that these species and ecosystems are considered for their importance to tangata whenua as well as for their biodiversity value when managing the impacts from coastal development.
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Public access

Maintaining public access

The RMA recognises the importance of maintaining public access to and along the margins of the coast, rivers and other waterways and provides territorial authorities the right to take esplanade reserves or esplanade strips when approving subdivisions that create lots smaller than four hectares except where provided for in a district plan (under s77(1). The RMA also provides the ability to waive or reduce the requirement for an esplanade reserve or strip having regard to the purpose of esplanade reserves and strips (s229 and s230 of RMA) and matters in s104 of the RMA.

Due to the high value of coastal land, councils are under increasing pressure from developers to accept monetary contributions to waive or reduce the requirements to set aside reserve land. This has the potential to significantly restrict opportunities for public access, particularly where the coastal margins are subject to coastal erosion. The Esplanade Reserves, Esplanade Strips and Access Strips under the RMA Guidance Note provides guidance on managing this issue.

'Coastal squeeze ' can also impact on public access. 'Coastal squeeze ' occurs when development occurs too far seaward, interfering with natural processes, potentially causing erosion and resulting in the loss of a high tide beach. This can reduce, degrade or remove the public access to and along the coast between mean low and high water springs. Esplanade reserves or public access strips are particularly important in these situations as they may be the only available high tide public access along the shore and provide a buffer during periods of erosion.

Another area of concern relates to the loss of coastal campgrounds to private coastal developments with the latter becoming more profitable due to increased coastal property prices. Coastal campgrounds have historically provided large areas of coastal land that the public are able to use and enjoy. Loss of these campgrounds to private sales reduces opportunities for public access and use of the coast. Similarly, changes in ownership of coastal land generally may result in a loss of public access where new owners intend to restrict access over their land.
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Identifying opportunities to enhance public access

Undeveloped land in peri-urban and rural areas allows for a more strategic approach to secure and enhance public access areas. Redevelopment of urban coastal areas also provides opportunities to enhance public access to the coast. Early planning for public access provides opportunities to establish reserves and walkways and may link with open space planning for an area. Open space planning is important for coastal developments as often developments result in a perceived loss of open space, even if open space was not available for public access prior to development (eg, farmland).
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 Vehicles on beaches

Vehicles on beaches can have adverse impacts on other forms of public access and associated coastal values. This issue is exacerbated by the inclusion of beaches within the definition of roads under the Land Transport Act 1998. Vehicles may disturb or possibly cause injury to people using beaches, and can adversely impact on other amenity values due to their noise and visual impact. Vehicles can also cause significant damage to sensitive dune systems and coastal flora, and disrupt valuable mating, breeding, resting and nesting sites for indigenous bird species. Vehicles can also potentially disrupt and damage archaeological sites and wahi tapu. The ruling in respect of Titahi Bay Residents Association v Greater Wellington Regional Council provides some clarity over the ability for vehicles to have restricted access only on beaches.
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Restricting public access to the coastal environment

There are some sensitive areas within the coastal environment where there may be a need to restrict public access as coastal development occurs. Policy 3.5.1 of the NZCPS 1994 provides some guidance on when it is appropriate to restrict access as does Policy 43 of the Proposed NZCPS 2008. Public access should be limited where it is necessary to protect:

Practitioners will need to determine whether public access restrictions are appropriate within the context of the region/district and the nature of the development proposed. This may be difficult when there is little information on the values that may be impacted if public access increases (such as marine biodiversity, cultural values etc). Practitioners need to consider how to define areas where public access should be restricted and how to enforce any restrictions.
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'Privatisation ' of the beachfront

As coastal development occurs, public reserve areas in front of beachfront properties are being increasingly subject to 'privatisation '. For example, suburban landscaping can encroach on natural dunes and modify these to the extent that they resemble suburban backyards. Other changes, such as erection of fences or other structures on the public reserve land in front of properties can also give the impression of private land. Often this makes it unclear to people whether there is public access or not, and in some cases, may restrict access over public land. This 'privatisation ' often leads to loss of public access, natural character, may threaten coastal biodiversity, and affect the special relationship of tangata whenua with the coastal environment.
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Effects of public access on tangata whenua values

Many issues associated with public access to coastal areas are also of concern to tangata whenua. However, public access and use of the coast can also have adverse impacts on cultural values such as wahi tapu and wahi taonga that contribute to the special relationship of tangata whenua with the coastal environment. Increased public access can impact on tangata whenua values associated with particular coastal areas and can disrupt customary practices.

Policy 3.5.1 of the NZCPS 1994 acknowledges that it may be appropriate to restrict public access in order to protect Maori cultural values. Identifying and protecting such areas from the impacts of public access should be carried out in accordance with tikanga Maori (refer policies 2.1.1 and 2.1.2 of the NZCPS 1994). The Foreshore and Seabed Act 2004 also provides mechanisms to protect recognised customary activities from public access.
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Coastal historic heritage

Identifying and protecting coastal historic heritage within the coastal environment

The coastal environment contains a substantial amount of New Zealand 's historic heritage due to the historical predominance of settlements in coastal areas (both pre- and post-colonisation). The coastal environment will often contain many historic heritage sites and the key challenge for practitioners is how to identify and manage these, particularly if located in the coastal marine area. The difficulties arise when historic heritage sites within the coastal marine area are not readily visible (eg, a sunken shipwreck) or identifiable, are privately owned (eg, boatsheds), or are publicly used and have maintenance and safety issues (eg, jetties).  The protection of archaeological sites in areas sensitive to development eg, dunes and harbour margins is also a particular issue.

Many coastal heritage sites and structures cross over mean high water springs, meaning that both regional councils and territorial authorities are responsible for their protection. For example, a historic wharf structure may be partly located within the coastal marine area and partly located on land above mean high water springs. This requires integrated management of coastal heritage.
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Identifying and protecting wahi tapu and other taonga

Identifying and protecting wahi tapu and other taonga that contribute to coastal historic heritage can be a significant challenge for practitioners when coastal development occurs. Some wahi tapu within the coastal environment are well known, tangible and easy to identify (eg, registered New Zealand Archaeology Association sites). However, many wahi tapu are intangible or in undisclosed locations. Tangata whenua may consider that non-disclosure of the location of wahi tapu is a more effective means of protection for the item itself, or the mana associated with it, than through identification in planning processes. This can create uncertainty as to the location of these features and may result in their accidental loss.

Practitioners need to work closely with tangata whenua to find an appropriate means to both identify and protect wahi tapu and other taonga in the coastal environment. The identification and protection of taonga in the coastal environment, such as places, sites or resources of significance (other than wahi tapu), may need to be incorporated through other provisions such as biodiversity, landscape and natural character provisions.
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Occupation and associated competition for space

Demand for space for buildings, structures, infrastructure and facilities

Occupation of the coastal environment by buildings, structures, infrastructure and other activities may restrict public access and use to varying degrees and have flow-on effects into the coastal marine area.  For example, structures such as public boat ramps provide enhanced public use of and access to the coast, while private boat sheds exclude the public from the coastal environment ('exclusive ' occupation). Exclusive occupation of space within the coastal environment is a particular issue as coastal property owners may want to establish private jetties and other structures adjacent to their properties for exclusive use. Private occupation of space leads to a loss of open space in the coastal environment and may reduce recreational amenity by occupying space otherwise available for public use. Territorial authorities can require provision of esplanades (either strips or reserves) to help maintain public access to the coastal marine area. 

Coastal development increases demand for infrastructure and community facilities. This includes demand for supporting infrastructure such as walkways, roads, parking, toilets, shelter, and moorings. There are also growing and emerging demands for new infrastructure associated with aquaculture and marine energy, including offshore wind farms and structures for wave and tidal energy generation. Such developments can have significant landward and seaward components and occupy significant space within the coastal environment. It is important to appropriately provide for, and manage their effects and ensure that appropriate and efficient use is made of limited space within the coastal environment.
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Cross-boundary issues

Many coastal structures cross the mean high water springs boundary and cross the jurisdictional boundary between regional and territorial authorities. For example, jetties are usually located both on land and within the coastal marine area to provide easy access to the coast. Integrated management is necessary to manage cross-boundary issues and the effects of the occupation of these types of structures or facilities across the coastal environment.
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Demand for space for temporary activities and events

There is often frequent demand to exclusively occupy parts of the coastal marine area for temporary periods to hold organised activities and events. These events may be public (eg, horse racing on Castlepoint Beach in Wairarapa) or private and require full restriction of public access (eg, filming on beaches). Public activities are generally perceived to be acceptable, as many people participate in or observe such events. Other events, such as surf lifesaving competitions have no option but to take place on the beach and restrict public access to some degree. As coastal settlements grow, temporary events that restrict public from parts of the coastal environment may become less acceptable and have more limitations, especially private events.
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Conflicts between uses

Growth and development at the coast may result in conflicts between uses and impact on amenity values. Not all uses of the coastal environment are compatible and conflicts may arise when certain activities impact on the ability to undertake other activities. For example, traditional swimming areas may be made unsafe or be restricted by other recreational activities such as jet skiing and surfing or by other adverse impacts from coastal development impacts such as the discharge of contaminants. It is important to consider how some coastal uses may affect the amenity values associated with other uses, in terms of noise, visually or simply through loss of space. Coastal space needs to be managed so that conflicts are avoided where possible, amenity values are maintained and enhanced, and safety and navigation requirements are met. Avoiding conflict will often involve determining what activity takes priority in certain areas.
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Loss of open space

Open space often makes a significant contribution to coastal amenity as part of the coastal landscape, even if not available for public use (eg, private farmland). Public open space should be maintained and enhanced where possible and should form an integral part of any coastal subdivision or development design. There are occasions where size and/or constraints of the development site may mean that on-site public open space cannot be provided. As more coastal land is developed, it is likely that large areas of open space will be lost so it is important to ensure key open space areas are protected from development pressures.  
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Effects of increased occupation of space on tangata whenua values

Increased occupation of coastal space can adversely impact on the special relationship of tangata whenua with the coast. Adverse impacts can occur through the restriction or loss of tangata whenua access to cultural resources (both physical access and ability to harvest resources) within the coastal environment and particularly within the coastal marine area. Population increases associated with coastal development can result in increased competition for resources valued by tangata whenua for customary use (eg, kaimoana).
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Water quality

Contaminants in discharges

Modification of landforms and vegetation clearance associated with coastal land development can increase the amount of eroded sediment discharged into waterways and the sea. Development generally increases the area of impervious surfaces within catchments and without appropriate attenuation (eg, rain gardens, balancing ponds and roof water collection) usually results in increased stormwater flood peaks and erosion. Increased sediment loadings in discharges from these sources can change habitats on the seafloor, smother sea floor organisms, and reduce water clarity and quality. Sediments may also carry nutrients and contaminants that can accumulate and adversely affect marine biodiversity.

Coastal development can increase the amount of heavy metal toxins in coastal waters through discharges from marinas and boat anti-fouling treatments. Coastal water quality may also be contaminated through hydrocarbons from the increasing number of vehicles operating within or near the coast. Toxins are particularly harmful to marine biodiversity as they can accumulate in marine sediments and subsequently be released when the seabed is disturbed. Old sediments can include materials that are now banned (i.e. DDT, tin from anti-fouling and lead from petrol) and are particularly harmful to marine biodiversity.
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Wastewater discharge

Wastewater treatment systems associated with coastal development require careful management in terms of their location, suitability and capacity. Nutrients from poor performing, unsuitable wastewater treatment systems can discharge into coastal waters and have adverse impacts on water quality. These impacts can include problems such as the growth of nuisance weeds in coastal waters, algal growths, and production of toxins which can harm marine species.

Nutrient discharges may often involve old septic tanks that have not been properly located or maintained, but can also be associated with older municipal wastewater treatment systems. Older municipal wastewater treatment systems have generally not been designed to cope with rapid growth of their communities or with the large seasonal influxes of visitors in holiday destinations on the coast. For example, during the peak holiday period in Pauanui on the Coromandel Peninsula there is approximately 17 times the usual resident population.
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Stormwater discharge

Coastal development may result in an increase in contaminants being discharged in stormwater. Coastal development may also result in a concentration of stormwater in certain areas. For example, an increase in sealed access ways and carparks can inhibit the distribution of stormwater to ground and concentrate discharges into particular runoff areas within the coastal environment.

Stormwater from coastal communities generally discharges into the coastal marine area, either directly through stormwater outfalls into the sea or indirectly via rivers and streams. While treating stormwater prior to discharge and reducing contamination at source is becoming more common, the majority of stormwater systems are untreated and can be high in contaminants such as sediment, heavy metals, hydrocarbons, and microbial organisms.
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Protecting the mauri of coastal waters

Water has high spiritual, social and cultural value to tangata whenua. Coastal water quality is important to maintain the health of kaimoana and the mauri of the coastal environment. The direct or indirect discharge of human, residential, industrial and trade wastes into coastal waters has adverse cultural impacts on tangata whenua. Discharges associated with coastal development may damage the mauri (life essence) of the coastal environment, with associated impacts on customary values and contemporary uses of the coastal environment such as contaminating areas valued for mahinga kai. In some cases, discharges may result in the placing of rahui by tangata whenua in specific areas until such time as the mauri has been restored.

Avoiding the direct discharge of contaminants into coastal waters is particularly important to tangata whenua. Discharge to land that does not exceed the carrying capacity of that land is often seen as the best option for avoiding impacts of discharges on the mauri of coastal waters. Policy 5.1.1 of the NZCPS 1994 reflects the particular interest of tangata whenua in enhancing water quality.
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Coastal Hazards

Coastal development can exacerbate coastal hazard risk

Many coastal developments have occurred in the past without an understanding or appreciation of coastal hazard risk. Coastal hazard risk is a function of the probability of the natural hazard event occurring and the consequences of that event, which may include the loss of property and life. Development has often occurred without an appreciation of coastal processes and beach morphology. As a consequence many developments have been located too close to the coastal margins and some within the active coastal zone (ie, the area of natural cyclical cut and fill of the foreshore). Such development has exacerbated coastal hazard risk from the inappropriate location of development and through the removal of dunes or dune vegetation to improve views or to improve the "amenity" of the beach. Removal of these natural buffers reduces the natural defence system against coastal hazards.
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Options for managing coastal hazards

The best option for managing coastal hazards is avoiding development in areas susceptible to hazard risk. Policy 3.4.5 of the NZCPS 1994 states that new subdivision, use and development should be located and designed so that the need for hazard protection works is avoided. This approach is more readily achievable in undeveloped parts of the coast but can be difficult to implement in developed areas. Managing risks where coastal development has already occurred provides a challenge for practitioners and councils, as avoiding risks is not always a feasible option and there is often pressure to provide coastal protection works to protect private property. Policy 3.4.6 of the NZCPS 1994 states that coastal protection works should only be allowed where they are the best practicable option for the future. These structures need to be carefully designed and managed to avoid adverse effects on existing coastal processes and other coastal values such as natural character.
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Landowner rights to protect against coastal hazard risk

Many private property owners on the coast believe it is their right to protect their land from coastal hazards. Some property owners have constructed coastal protection structures such as seawalls in an attempt to minimise their risk, often without the appropriate authorisation or a proper understanding of the hazard threat. Structures built by private landowners to protect their property may therefore be illegal, especially where these are built on public reserve land fronting their properties. Many of these structures are built with material that is incompatible with the beach environment such as car tyres or vegetation such as felled trees. Often these attempts are ineffective in protection against coastal erosion but have adverse visual impacts, may discharge contaminants into coastal waters and cause off-site effects such as erosion of adjacent, unprotected land.

Case law has determined (refer Faulkner & Ors v Gisborne District Council and the Minister of Conservation [1995] API/95) that landowner rights in relation to the protection of private property against coastal hazards are subject to the requirements of the RMA. The benefits of coastal protection works to property owners therefore needs to be carefully balanced against the impact on other coastal values, that may be experienced by the wider community.

In some instances private property owners may claim that their coastal erosion mitigation structures are 'emergency works'. However this defence is limited only to those persons authorised under s.330 of the RMA or 330B of the RMA (which relates to emergency works under the Civil Defence Emergency Management Act 2002). More information on the application of emergency works under the RMA is provided in the Enforcement Manual and the Interim Guidelines on the Emergency Works Provisions of the RMA.


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Existing use rights

Section 10 of the RMA allows uses of land that were lawfully established to continue. This can be an issue when owners of buildings in coastal hazard zones want to replace the building in the same location. Provided the new building has effects that are the same or similar in character, intensity and scale and a building consent is issued, a council has no way of preventing construction of the replacement building. This means that avoiding coastal hazard risk is not an option and may be exacerbated when the new building has a higher value. The only method available to avoid this is through regional councils who can develop regional plans to manage land uses for natural hazard purposes. Section 10(4) of the RMA states that existing use rights does not apply to the use of land that is controlled under section 30(1)(c) (which relates regional council control of the use of land for certain purposes) or restricted under section 12 (use of the coastal marine area).
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NOTE: This guidance note was prepared prior to the NZCPS 2010 taking effect. Care should be exercised in reading and using the information contained within this guidance note.