The legal framework for natural hazard management in New Zealand
Key Sections of the Local Government Act 2002
The key sections of the Act are:
| Section 14 | (LGA 2002) gives local authorities the power to make bylaws, including for the purpose of promoting health and safety. |
| Section 163 | Specifies powers in relation to the removal of works in breach of bylaws. |
| Sections 93-97 | Provide for Long Term Council Community Plans that describe the activities of local authorities. This can include descriptions of local authority activities as well as the management of natural hazards. |
Instruments of the Civil Defence and Emergency Management (CDEM) Act 2002
- The key instruments established by the CDEM Act include:
establishment of a CDEM framework, including:- CDEM regulations
- National CDEM Strategy
- National CDEM Plan
- CDEM group plans
- Director 's Guidelines
- the Guide to the National CDEM Plan
- other statutes
- appointment of a Director of CDEM
- establishment of Civil Defence Emergency Management Groups
- requirement for the preparation of Civil Defence Emergency Management Plans
- setting out Emergency Declarations and Powers including states of emergency.
Sections of the Building Act 2004
The key sections of the Act are:
| Section 35 | Content of project information memoranda |
| Section 37 | Additional certificates that must be attached to project information memoranda |
| Section 71 | Building on land subject to hazards. Include a definition of natural hazard. |
| Section 72 | Building consent for building on land subject to natural hazards must be granted in certain cases |
| Section 73 | Conditions on building consent granted under section 72 |
Making a decision under section 106 of the RMA
When making a decision under s.106, councils have to consider whether the land is suitable for subdivision, taking into account any measures proposed by the applicant to protect the land from the effects of natural hazards.
Section 106 requires consideration of whether there is likely to be material damage to land or structures from erosion, falling debris, subsidence, slippage, or inundation from any source. Consideration must also be given to whether 'any subsequent use that is likely to be made of the land is likely to accelerate, worsen, or result in material damage to the land, other land (for example, neighbouring or downstream properties) or structure '. (See the Introduction to Subdivision Guidance Note.)
When making a decision under s.106, a council is able to take into account any measures put forward by the applicant. The courts have provided a test for councils to use to determine if measures proposed by an applicant are sufficient to meet the requirements of s.106.
Using this test, a council does not have to ensure that the whole of the land is free from the risk of inundation but does have to ensure that in its judgement the land is sufficiently protected to be suitable for subdivision.
Also see section 106 case law
Relationships between key legislation for the landuse management of natural hazards;
The figure above shows the relationship between the key pieces of legislation for the management of natural hazards in New Zealand. Each piece of legislation is represented by a box linked by arrows to other relevant legislation. The coordination role of the Regional Policy Statement is clearly evident. In this diagram the Regional Policy Statement draws on the Long Term Council Community Plan (itself derived from inputs as diverse as Local Government Act processes, and the Soil Conservation and Rivers Control Act), national policy statements and standards, and Civil Defence Emergency Management Group Plans (the later being influenced by the National Civil Defence Emergency Management Strategy and National Civil Defence and Emergency Plan).
Return to Integrated Management Section of the Guidance Note
