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RMA Policy Statement and Plan Provisions For Natural Hazards

Canterbury Regional Coastal Environment Plan

Chapter 9 of the Canterbury Regional Coastal Environment Plan includes issues, objectives, policies, methods, environmental results, and monitoring to address coastal hazards within the region. The diagram below provides a summary of the provisions provided in the plan.

Issues
    • The coastal environment is a dynamic environment. Use and development of the coastal environment is inherently subject to the adverse effects of natural occurrences, such as coastal erosion and sea water inundation. These effects may be exacerbated by climate change and possible sea level rise.
    • Structures and protection works can have an adverse effect on coastal processes and the costal environment. These effects may include creating hazards elsewhere by interrupting processes such as sediment transport, damaging habitat, mahinga kai and taonga, and reducing amenity values
Objectivies Monitoring
  • To minimise the need for hazard protection works and avoid or mitigate the actual or potential effects of coastal hazards by locating use and development away from areas which are subject to coastal erosion and sea water inundation.
  • To avoid, remedy or mitigate significant adverse effects on the environment as a result of measures used to manage coastal hazards
  • Beach profile/morphology
  • Effectiveness of hazard warning system
  • Trends in compliance with consent conditions
  • Changes in erosion rates as they affect the need for damage minimisation measures
  • Efficiency of education/ promotion programme in changing practices / activities
  • The cost of coastal hazards to Canterbury communities
  • Results from the coastal monitoring already in existence
Policies Environmental Results
  • New habitable buildings should be located away from areas of the coastal environment that are, or have the potential to be, subject to seawater inundation or coastal erosion.
  • Any new development in the coastal environment should be designed or located in such a way that the need for coastal protection works is minimised.
  • Network utility infrastructure and services should be provided for, subject to adverse effects being avoided, remedied or mitigated.
  • Natural features that buffer the effects of coastal hazards should be protected.
  • Coastal hazard damage minimisation measures should avoid, remedy, or mitigate any significant adverse effects.
  • Provide information to encourage people to avoid locating in hazard prone areas.
  • Potential costs from coastal hazards reduced.
  • Coastal protection works only constructed where the works will not exacerbate coastal hazards or damage other property
  • The actual of potential costs of coastal hazards are not increased by human activity.
 
Methods
Right arrow
  • Investigations
  • Information provision / Education
  • Coordination and Joint Action
  • Advocacy
  • Transfer of Powers
  • Regional Rules
    		•



    The diagram above shows the six components of the Canterbury Regional Coastal Environment Plan; issues, objective, policies, methods, environmental results and monitoring, with a summary of these provisions provided below each of the components.
    The plan identifies coastal hazard zones with the coastal environment. Rules have been developed based on the risk present within these zones. As an example, the following are considered prohibited activities within Hazard Zone 1.

    Rule 9.3 Prohibited Activities for which no resource consent shall be granted

    The following activities are prohibited activities within Hazard Zone 1:

    1. the erection or placement of any habitable building with a floor area greater than 25 square metres, except as provided in rules 9.1(a) and 9.1(b) of this plan;
    2. the extension or alteration of any habitable building with a floor area of 25 square metres or less such that it causes the building to have a floor area greater than 25 square metres, except as provided in rules 9.1(a) and 9.1(b) of this plan;
    3. the construction of a landfill or the use of a landfill for the disposal of solid or hazardous waste;
    4. The production or storage of any hazardous substance, except where:
      1. the hazardous substance is being carried as cargo on a vehicle, rail wagon, vessel or aircraft; or
      2. the storage is on a vehicle, rail locomotive, vessel or aircraft and is for the purpose of fuelling that vehicle, rail locomotive, vessel or aircraft; or
      3. the storage is on a crane, or in or on a conveyor, or in a pipe or hose, that is being used to load or unload a vehicle, rail wagon, vessel, aircraft or storage container; or
      4. the storage is such that the amount of the hazardous substance stored in any container, or stored in any building, or stored on or in any structure, is less than 1000 litres or less than one cubic metre in volume; or
      5. the production is such that the amount of the hazardous substance produced in any twelve-month period is less than 1000 litres or less than one cubic metre in volume.
    5. the construction of a new road or railway, but not including:
      1. the reconstruction or realignment of an existing road or railway within the hazard zone; or
      2. the construction of a new road or railway that provides an access route to the Coastal Marine Area.

      Back to guidance note

    Nelson City Resource Management Plan: Tahunanui Slump core and fringe overlay

    The Tahunanui Slump affects a 26-hectare hillside overlooking popular Tahunanui Beach. The area is part of a complex rotational landslide. Significant, extensive movements and related damage are documented within the body of the Tahunanui Slump in the 1890s, 1929 and 1962 and involve damage to roads and houses. Ongoing re-surveys confirm that less damaging movement is continuing. The Tahunanui Slump poses a hazard to existing residential development, including the possibility that development on parts of it could be a danger to life. Nelson City Council has developed specific provisions to respond to this risk in the form of the Tahunanui Slump core and fringe overlay area. Specific rules are applied to development within this area providing for permitted, controlled and discretionary/non-complying activities. Assessment criteria are provided in the plan.

    Rer.75.4 Assessment criteria for new residential units not permitted, or discretionary/non-complying

    1. Geotechnical assessments should indicate the level of activity to which the area is subject (e.g. superficial, tertiary etc - see table, p4 "Nelson City Council, Geotechnical Assessment - Tahunanui Slump, Nelson, December 1995"). They should also address the assessment matters in the rules below which are relevant to the consent application in question.
    2. The location of the site in relation to the slump.
    3. The risk to life, property and the environment posed by any hazard.
    4. In the fringe area, whether a geotechnical assessment can demonstrate that the property is not part of the active (core) slump, or is only partly within it. Consequently whether the proposed activity would be unaffected by the hazard, and would not in turn affect the hazard itself.
    5. Irrespective of whether the activity is within the active slump, the extent to which it would worsen the risk posed by the natural hazard. The extent to which the effects of the hazard, or the effects of the activity on the hazard, can be remedied or mitigated.
    6. Where a geotechnical assessment concludes that erection of a permanent structure is not appropriate, whether a re-locatable building may be a practical alternate on sites subject to high or potentially high rates of slope movement.
    7. The nature of the proposed activities on the site, or on other sites potentially affected by the natural hazard.
    8. In respect of earthworks, the assessment criteria set out in Rule REr.61 (earthworks).
    9. The geology of the site including any relationship or effect on areas of actual or potential instability off the site. Any susceptibility to slope failure from oversteepening of the slope and/or water saturation.
    10. Irrespective of whether the activity is directly affected by instability, the extent to which it would worsen the risk of instability on other sites e.g. by discharge of stormwater, or changes in water flows.
    11. The nature of the proposed activities on the site, or on other sites potentially affected by the natural hazard.
    12. The nature of any fill and its effects on the stability of the site, the extent to which the effects of the hazard, or the effects of the activity on the hazard, can be remedied or mitigated.

    The need to specify any conditions, e.g. that all work is carried out under the supervision of a suitably qualified engineer or geologist, that excavations are retained as soon as possible and drained, with stormwater piped into an approved stormwater system, and avoid periods of rainfall or when the ground is highly saturated.

    Wairoa District Council: Wairoa Coastal Strategy

    Objectives

    Policies

     Actions

    Voluntary

    Priority
    1. Work with landowners to protect natural buffers and defence systems. This could include voluntary retirement, fencing of susceptible areas, investigating funding opportunities for enhancement of these areas.

    1-5
    1. Work with the community to define the opportunities and constraints from natural hazards in each coastal area. This should be done as part of community/structure planning. Key recommendations could include guidelines for development or protection in areas at high risk from coastal hazards.

    5-10

    Research

    Priority
    1. Work with and support other agencies to identify and confirm sites at risk from natural hazards.

    1-5
    1. Require that information on effects from natural hazards provided with resource consent applications contribute to a database of hazards. This information could be held by with the WDC or HBRC.

    5-10
    1. Identify infrastructure at risk (eg, roading) from natural hazards and alternative locations for this infrastructure. This should include the feasibility of securing the land to that 'retreat ' is available as the preferred option.

    5-10

    Education

    Priority
    1. Inform and educate landowners and developers regarding natural hazards and their consequences and disseminate information on possible solutions. This could include working with HBRC to host workshops and provide information packs, brochures and signage.

    1-5

    Statutory

    Priority
    1. Adopt a 'hierarchy of options ' to manage risks from coastal hazards. This will require a variation to the Proposed Wairoa District Plan and should involve the following assessment options (1 = most preferred, 4 = least preferred):
      1. Activities (eg. beach access ways) and land use practices to protect natural barriers such as dunes, cliffs, gravel, ridges, salt marshes, and other vegetation.
      2. Management of land use to avoid areas of coastal hazard (eg, location of development away from coastal hazards, retreat or relocate infrastructure)
      3. Undertake 'soft defence works ' such as revegetation or beach nourishment, and
      4. Undertake 'hard structural works ' such as seawalls, rock armouring or groynes

    1-5
    1. Include key recommendations from community/structure planning in statutory documents, including the Wairoa District Plan and Reserve Management Plan. This could include regulations for developments in areas of high risk from coastal hazards.

    5-10
    1. Work with other statutory agencies to give legal protection to natural defence and buffer systems. This could include policies and rules protecting natural buffers in the Hawke 's Bay Regional Coastal Plan.

    5-10
    1. Require adequate assessments of effects on natural hazards to be provided with applications for resource consents. This should make sure that new subdivisions and infrastructural developments are located and designed to avoid the need for hazard protection. This could be included as an evaluation criterion in the Proposed Wairoa District Plan, as part of a request for further information, or via a variation to the Proposed Wairoa District Plan.

    1-5
    1. Esplanade strips, wider esplanade reserves and generous building setbacks are to be protected and provided in areas where significant actual or potential coastal erosion hazards exist and/or in areas of high risk. This will require a variation to the Proposed Wairoa District Plan.

    1-5

    back to guidance note

    Kapiti Coast District Plan

    The following is one of the objectives, and its policies and methods, from the Kapiti Coast District Plan.

    Objective

    To manage activities and development within natural hazard-prone areas so as to avoid or mitigate the adverse effects of natural hazards.

    To achieve this objective, Council will implement the following policies:

    Policy 1

    Permit subdivision and development where the effects of natural hazards can be avoided, remedied or mitigated.

    Policy 2

    Ensure services are designed to resist natural hazard events.

    Policy 3

    Ensure appropriate uses, zones and performance standards are developed for areas known to be liable to flooding, coastal erosion and ground rupture from faults.

    Policy 4

    Ensure there are flood free building sites within newly created allotments.

    Policy 5

    Promote community awareness of natural hazards to encourage avoidance of adverse effects of hazards.

    Policy 6

    Promote a viable alternative access to the north of the district in the event of an earthquake.

    Policy 7

    Avoid and/or mitigate the potential adverse effects of flooding and erosion from major rivers and the sea on:

    when planning for and making decisions on new subdivision, use and development within river corridors and adjacent to the sea.

    Policy 8

    Recognise the ability of natural features (such as sand dunes) to buffer development from natural hazards through performance standards including minimum setbacks for new and relocatable buildings.

    Policy 9

    When assessing discretionary activities within a river corridor, ponding area or overflow path, consider the following:

    Methods

    Back to guidance note

    Timaru District Council: Timaru District Plan

    See Chapter 4 of Part B of the Timaru District Plan, pages B-51 to B-61.

    Objective 1

    Avoid further non-essential development or redevelopment in the most hazard prone locations of the district

    Policies

    1. To prevent new residential and other intensive development including commercial and industrial development in the most hazard prone locations, while making some provision for the reconstruction of existing household units and holiday huts, and the modification of existing dwellings to decrease the level of flood risk or damage that may arise.
    2. To encourage relocation of household units from the most hazard prone locations to alternative sites in relatively flood free areas where adverse environmental effects can be avoided.
    3. To limit further zoning for residential development in most hazard prone locations.
    4. (a) To ensure that all household units are constructed so that there is no more than a 0.5% chance in any one year of a flood reaching the floor level.
      (b) To make new residential and other intensive development (including industrial or commercial development) within 100 metres of the landward side of the centreline of a stopbank, or on sites subject to a 2.0% chance in any one year of flooding, a discretionary activity. When considering applications for discretionary activities, regard shall be had to the Performance Standards for the zone; options for reducing risk on the property; General Rule 6.16, and a report shall be required from the Canterbury Regional Council.

    Methods

    1. Using rules to make provision for the reconstruction of existing household units (and holiday huts) where such reconstruction is not allowed under s10 of the Resource Management Act, while otherwise prohibiting new household units in the most flood prone locations, and limiting alterations to existing household units to modifications intended to reduce flood damage.
    2. Co-operating with investigations of alternative locations and promoting District Plan changes on appropriate sites where these will assist people to move to sites less prone to natural hazards.
    3. Limiting the zoning of additional land in flood plains for urban purposes to those areas where no practical alternative exists for the expansion of major settlements. Where this is the case, avoiding those most hazard prone locations where flood depths and velocities will be greatest (see General Rule 6.16).
    4. (a) Providing a rule to apply to residential activities across the District so that floors are constructed above a flood with a 0.5% chance of occurrence in any one year. Some provision is made for minor extensions of existing household units which are already below that floor height (see General Rule 6.16).
      (b) Provide a rule (see General Rule 6.16) to achieve Policy (4)(b).

    Wellington Regional Policy Statement: clarification of responsibilities

    The following table from section 11.7 of the Wellington Regional Policy Statement (2005) provides an example of how responsibilities can be clarified within a Regional Policy Statement.

     

    Responsibility for development objectives

    Responsibility for developing policies

    Responsibility for developing rules

    Coastal marine area

    WRC

    WRC

    WRC

    Beds of lakes and rivers

    WRC

    WRC

    WRC

    Other land

    WRC*
    TA

    WRC*
    TA

    WRC
    TA*

    Key
    WRC = Wellington Regional Council
    TA = Territorial authorities
    * = Primary responsibility

    The table shows that the Regional Council has the primary responsibility for the control of the use of land for the avoidance or mitigation of natural hazards. For land other than land in the coastal marine area and the beds of lakes and rivers, the Regional Council will carry out this responsibility through this Regional Policy Statement and through the development of objectives and policies in regional plans. It will not write regional rules for this purpose, unless a relevant regional objective or policy cannot be achieved through rules in district plans.

    Territorial authorities therefore have primary responsibility for writing rules for the control of the use of land (other than in the coastal marine area and the beds of lakes and rivers) for the avoidance or mitigation of natural hazards, but these rules must not be inconsistent with either the Regional Policy Statement or the relevant objectives and policies in a regional plan.

    The responsibilities shown in table 11 apply only to the development of objectives, policies and rules for the control of the use of land for the avoidance or mitigation of natural hazards, and do not affect any other responsibilities set out in s.30 and s.31 of the Act.

    Back to guidance note

    Wellington City District Plan

    Summary of the rules applying to hazard (fault line) areas in Wellington City. (See Wellington City District Plan for the full rules.)

    Residential Area Rules - Chapter 5

    Back to guidance note

    Wellington District Plan Rule 7.3.9

    7.3.9  The construction, alteration and addition to buildings or structures exceeding a gross floor area of 30m˛ within a Hazard (Fault Line) Area is a Discretionary Activity (Restricted) in respect of:

    7.3.9.1  the location and type of buildings or structures

    Non-notification

    The written approval of affected persons will not be necessary in respect of item 7.3.9.1.[Notice of applications need not be served on affected persons]PC28 and applications need not be notified.

    Standards and Terms

    This activity must comply with the conditions specified in rule 7.1.1 and 7.1.2 unless consents are concurrently sought and granted under rules 7.3.2 for those conditions that are not met.

    Assessment Criteria

    In determining whether a grant consent and what conditions, if any, to impose, Council will have regard to the following criteria:

    7.3.9.2 The extent to which a geotechnical report and an engineering design report shows that the risk of building failure following a fault rupture can be reduced to minimise the effects of fault rupture on the safety of occupiers and neighbours.

    Limitations have been imposed on developments in fault zones to reduce development intensity and promote safety.

    The fault rupture hazard area is a narrower zone within the wider Hazard (Fault Line) Area. As the fault is expected to rupture within this narrower zone, it is desirable to avoid locating new structures and buildings in this zone.

    The Hazard (Fault Line) Area extends beyond the fault rupture hazard zone because of inherent uncertainties associated with fault rupture.

    Engineering measures should also be applied to buildings in this wider hazard area to reduce the effects of a fault rupture.

    The provision of site-specific geotechnical and engineering design reports carried out by experts will assist the Council to assess the adverse effects arising from the fault rupture hazard for the development site and how those effects can be minimised.]PC22

    Section 6.1.2 of the Auckland City Central Area Plan

    6.1.2 Wind Environment Control

    1. New buildings or structures must be erected in such a manner that:
      1. does not cause the mean wind speed around them to exceed the category for the intended use of the area as set out in Appendix 10
      2. does not cause the average annual maximum peak 3 second gust to exceed the dangerous level of 25 metres per second
      3. does not cause an existing wind speed which exceeds the standards of (i) or (ii) to be increased.
    2. This rule does not apply to the Port Precinct.

    Explanation

    The purpose of the control is to avoid excessive wind velocity and turbulence in outdoor pedestrian spaces. The performance categories set tolerable wind levels for various pedestrian environments depending on the likely frequency and type of usage of those environments. They are designed to ensure that a development does not make the existing wind conditions significantly worse.

    Compliance with this rule may either be demonstrated by a wind report including the results of a wind tunnel test or appropriate alternative test procedure to show that the proposed development complies with the above standards. Alternatively a report from a suitably qualified expert that a building or addition meets the requirements of this rule may be accepted, without the need for a wind tunnel test, depending on the nature of the proposal, its design and scale and the sensitivity of the receiving wind environment.

    Back to guidance note

    Matamata-Piako District Plan

     Earthquakes (Section 3.2.1 of the Matamata-Piako District Plan)

    Outcome Sought (Objectives)

    O1 To minimise the risks of earthquakes affecting people and property in the District as far as practicable.

    Solutions (Policies)

    P1

    To take a precautionary approach to development in suspected risk areas until further information on the extent and nature of earthquake risk becomes available.

    SP1

    To support initiatives aimed at designing and establishing public works and infrastructure which is more earthquake resistant.

    SP2

    To support initiatives for improved earthquake prediction and monitoring at district, regional and national levels.

    Implementation (Methods)
    Development Controls, Section 3
    Performance Standards, Section 5
    Subdivision, Section 6
    Works and Network Utilities, Section 8
    Natural Hazards, Section 11
    Other Methods, Section 13

    Explanations and Reasons for Objectives and Policies

    Parts of the District are expected to be subject to particular earthquake risks. Volcanic hazards from several parts of the central North Island also need to be considered. These are natural phenomena and research is not sufficiently advanced to permit detailed land use management and planning controls to be implemented to mitigate against the risk of an earthquake or volcanic event. In any case it will never be possible to completely avoid the effects of a major event.

    Accordingly it is appropriate that Council adopts a precautionary approach to development in suspected risk areas near fault lines or on unconsolidated ground until further work to quantify the extent of hazard is completed. Council should also support the various agency initiatives taking place to gain a better understanding of the hazard in this regard.

    Back to guidance note

    City of Lower Hutt District Plan: policies

    http://www.huttcity.govt.nz/upload/documents/district-plan/pdfs/Chapter-14H.pdf

    Policy 14H.I.I.I(a) (Fault Rupture) from the City of Lower Hutt District Plan

    1. That the area at risk from fault rupture causing permanent ground deformation along the Wellington Fault be managed by the Wellington Fault Special Study Area to address the effects of subdivision and development on the safety of people and their property.

    Explanation and reasons

    1. Seismic induced hazards
    1. Earthquake hazard:

    The Wellington Fault runs along the western side of the Hutt Valley from Petone to the Taita Gorge. In this area it is expected that there would be permanent ground deformation following the next Wellington Fault rupture event. During such an event, accompanied by a very large earthquake, the ground on the west side of the Wellington Fault is predicted to move horizontally up to 4m relative to the east side, and there will be up to 0.5m vertical movement. This movement would be concentrated at discrete breaks at the ground surface, such as along the mapped fault traces, but will also be distributed across the immediate vicinity. Further fault rupture has a moderate to high probability of taking place within the next 100 years.

    The area at risk from a fault rupture event is identified by the Wellington Fault Special Study Area. This Special Study Area extends from Petone to Silverstream. Where there is no evidence of the Wellington Fault scarp, the position of the Wellington Fault is inferred. The Wellington Fault Special Study Area is 150 metres wide to accommodate this inferred position.

    Subdivision and development will be managed to ensure that no building is constructed within 20 metres of the fault line, and that no subdivision results in an allotment being created which is unusable for development purposes.

    An engineering report will be required prior to any development, to ensure that any buildings proposed are not within 20 metres of the fault line. The level of investigation required will depend on the particular circumstances and this could include a range of methods necessary to determine the position of the fault. The buildings will need to be constructed to New Zealand Building Code specifications. This will ensure that buildings are constructed in a safe manner and at a safe distance from the area susceptible to permanent ground deformation.

    The conditions of compliance shall not apply to utilities or accessory buildings which are not for habitable or working purposes.

    Back to guidance note

    Hauraki District Council District Plan

    Provisions for the register of hazards in the Hauraki District: Section 8.6.4 of the Hauraki District Council District Plan.

    Objective 1

    To protect the community 's safety, health and wellbeing from the effects of natural hazards.

    Policies

    1. Establishing and continually updating on a regular basis, a Register of Hazards (Natural and Human Made). Such information is to be readily available to the public in a useable form.
    2. Ensuring that the information held by other agencies (eg Waikato Regional Council, Civil Defence) is also included on the Register and that other organisations are aware of the information that is on the Register.
    3. Linking the information on the Register of Hazards to the Property and Land Information Memorandum systems under the Building Act 1991 and Local Government Official Information and Meetings Act 1987.

    8.6.5 Method to implement objective and policies

    The Hazards Register is considered to be the document which will act as the focus or coordinating method for providing information and for managing and controlling development where natural hazards are known to exist. Much of the information on hazards is site specific and is properly dealt with under the requirements of the Building Act 1991. The Register is a flexible document that is able to be readily updated as new information is made available.

    Back to guidance note

    The Waikato Regional Plan Geothermal Variation

    The geothermal chapters of the Waikato Regional Policy Statement and the Waikato Regional Plan recognise the importance of protecting the geothermal resource as well as recognising its development potential.

    In the Geothermal Variation to the Regional Plan, Environment Waikato has recognised this dual role by identifying geothermal systems in the region for different management regimes. This approach recognises that each of the 15 known large geothermal systems in the region is substantially different from the others.

    There are several measures within the policy documents that deal with geothermal hazards, either specifically or generally:

    Back to guidance note

    Rotorua Geothermal Management Plan

    Following a marked decline of geyser activity in the Rotorua field, a restriction was placed on geothermal aquifer extraction within 1.5 kilometres of the main geothermal area and restrictions were placed on other users. The Rotorua Geothermal Management Plan was prepared by Environment Bay of Plenty to address these issues and is a good example of how a council can develop specific provisions to address geothermal issues, including hazards.

    Back to guidance note

    Rotorua District Plan: geothermal provisions

    R7.1 Activities in the Residential A, B, C, D and Transitional Development Zones:
    Chapter 7, Page 24.


    ACTIVITIES

    RESIDENTIAL ZONES

    A

    B

    C

    D

    TD

    42. Any activity involving:

    1. interference with the natural geothermal fluid outflow from a geothermal surface feature; or
    2. interference with the physical structure of a geothermal surface feature; or
    3. destruction of a geothermal surface feature including excavation; or
    4. placement or deposition of any substance, including fill or waste material on, into or under any geothermal surface feature;

    that is carried out under a consent granted by a regional council provided that the Rotorua District Council has been consulted by the regional council in consideration of the consent as an affected party.

    P

    P

    P

    P

    P

    43. Any activity listed under 42 for which a consent has not been granted by a regional council or where consent has been granted without consulting Rotorua District Council as an affected party.

    D

    D

    D

    D

    D

    Back to guidance note

    Proposed Rodney District Plan: fire risk

    Policy 5.4.6: fire risk

    Habitable buildings should not be located where they will be at abnormal risk from fire from the surrounding environment.

    Explanation and reasons

    This policy seeks to achieve Objective 5.3.1.
    Where buildings are located in places inaccessible to fire service vehicles, or close to inflammable vegetation, the risk of significant damage from fire increases markedly. The risks can be lessened through appropriate standards in the plan.

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    Palmerston North District Plan flood provisions example

    Objective 1

    To recognise the existence of natural hazards.

    Policies

    1.1 To identify any land subject to the effects of a natural hazard.
    1.2   To educate the community with regard to the existence, nature and threats posed by natural hazards.

     Objective 2

    To control the type of development on land which is or might be affected by natural hazards.

    Policies

    2.1 To exclude development on hazard-prone land where the hazard cannot be effectively avoided, remedied or mitigated.
    2.2 To establish appropriate controls to avoid, remedy or mitigate the effects of natural hazards.

      

    22.7 Flood Hazard

    The City has always been susceptible to flooding or to the development of ponding areas.

    The City 's major flood hazard is associated with the Manawatu River and between 1956 and 1965 stopbanks were constructed on the river from Ashhurst to Foxton as part of the Lower Manawatu River Control Scheme. That Scheme offers the most protection to land used for urban purposes because of the enormous losses which would be experienced if there was a major flood episode. The Lower Manawatu Scheme is administered by the Manawatu-Wanganui Regional Council.

    A reassessment of part of the Lower Manawatu River Control Scheme, undertaken in 1994,
    indicated that although the existing flood protection works would perform reasonably well during the flood for which they had been designed (3450 m3 per second) there was the possibility, in some areas, that the existing stopbanks might fail. Consequently, the Lower Manawatu River Control Scheme has been reassessed in terms of the river's floodplain and its major tributaries, between Ashhurst and Longburn. As a result of that reassessment there is to be an upgrading and extension of the stopbanks within the urban area of the City and a major realignment of the river. These works, in combination, are intended to significantly reduce the flood risk when the river flow gets up to 4500 m3 per second.

    Although this upgrading work will significantly reduce the flooding risk to the City from the Manawatu River there still remains land which will continue to be subject to a flooding hazard and on which there needs to be restrictions on development. These areas are controlled by the provisions of the Flood Protection Zone. The Manawatu-Wanganui Regional Council also exercises controls with regard to excavations on or near the stopbank. These controls are intended to protect the stopbanks and maintain the integrity of the stopbank system.

    In addition to the flood risk presented by the Manawatu River there are areas in the City where ponding of water or surface flooding occurs at times of high rainfall. Where a specific ponding area has been identified, controls have been included which are aimed at mitigating, as far as possible, the effects of this hazard on residential development. These are dealt with in Section 10 of the Plan. Elsewhere, such as in the Amberley Avenue area, minimum floor levels are required.

    With regard to those areas covered by the Flood Protection Zone, the boundaries of this Zone are intended to identify land affected by a flood hazard which has a 1% chance of occurring annually (commonly referred to as a 100 year return period event).

    It should be noted that the landward boundary of the Flood Protection Zone has been established by survey and is accurately shown on the Planning Maps. Information on the location of the boundary on specific properties on a larger scale can be obtained from the Planning Services Section. In the case of the ponding areas, similar surveyed information on a larger scale is also available from the Planning Services Section.

    NOTE TO PLAN USERS:

    The City Council's specific management responsibilities for natural hazards are outlined within Section 22.1.

    22.8 Flood Protection Zone

    PERMITTED ACTIVITIES

    Rule 22.8.1.1 Permitted Activities

    The following activities are Permitted Activities:

    1. Recreational activities.
    2. Grazing and cropping, including horticulture.
    3. Walkways, bridle-paths and cycleways.
    4. Soil conservation and river control works carried out or supervised by the Manawatu-Wanganui Regional Council.

    Rule 22.8.1.2 Minor and Extended Temporary Military Training Activities

    Minor and Extended Temporary Military Training Activities are a Permitted Activity, provided the following Performance Conditions are complied with.

    Performance Conditions

    1. Buildings and Structures

      1. Any buildings and/or structures erected must be in compliance with performance conditions (b) and (c) of Rule 9.6.5.

      2. Any buildings erected in associated with the Temporary Military Training Activity must be removed at the conclusion of the activity unless they are in compliance with Rule 9.6.5.

    2. Excavations and Alterations to Landform
      Where the activity involves any excavations or alterations to landform, the ground shall be reinstated to a condition as close as practicable to its state prior to the disturbance.

    3. Hazardous Substances
      Compliance with the requirements of Section 14 - Hazardous Substances of this District Plan.

    4. Duration and Frequency of Activities
      The activity is limited to a period not exceeding 31 days.

    CONTROLLED ACTIVITIES

    22.8.2 Activities

    Rule 22.8.2.1 Minor and Extended Temporary Military Training Activities which do not comply with Performance Conditions

    Minor and Extended Temporary Military Training Activities which do not comply with the Performance Conditions of R 22.8.1.2 shall be Controlled Activities with regard to:

    In determining what conditions to impose, if any, the Council will in addition to the City View objectives in section 2 and the objectives and policies of the Natural Hazards Section and Flood Protection Zone in particular, assess any application in terms of the following further policies:

    1. To avoid, remedy or mitigate the visual impact of any activities, and to preserve the character and amenity of the surrounding environment.
    2. To avoid, remedy or mitigate the effects of the proposal on any area of natural and/or cultural heritage value, or of particular significance to Tangata Whenua.
    3. To ensure that any exacerbation of flooding hazard associated with the site is avoided, remedied or mitigated.
    4. To avoid, remedy or mitigate the effect of additional traffic generated on the safe and efficient operation of the roading network.
    5. To assess the adequacy of any proposed reinstatement works to return the land to its previous or better state.

    Explanation

    The New Zealand Defence Force (NZDF) may need to carry out temporary military training activities which do not meet the performance conditions for permitted activities. In this case, it is important to ensure that any adverse effects of training activities on the environment are avoided, remedied or mitigated.

    Rule 22.8.3.1 Discretionary Activities (Unrestricted)

    The following activities are Discretionary Activities (Unrestricted).

    1. Quarrying;
    2. Concrete Manufacturing, including machinery, plant, buildings and associated retailing activities.

    In determining whether to grant consent and what conditions to impose, if any, Council will, in addition to the City View objectives in section 2 and the Natural Hazards objectives and policies, assess any application in terms of the following further policies:

    1. To avoid, remedy or mitigate the effects of traffic on the safe and efficient operation of the roading network and on the surrounding area through adequate provision of parking, loading, manoeuvring and access space.
    2. To avoid, remedy or mitigate the effects of noise, dust and other environmental disturbances on the amenity values of the area, particularly on adjacent residential uses.
    3. To assess the adequacy of any proposed reinstatement works to return the land to its previous or better state.
    4. To ensure that any exacerbation of flooding hazard associated with the site is avoided, remedied or mitigated.
    5. To avoid, remedy or mitigate the effects of the proposal on any area of environmental or cultural significance.
    6. To avoid, remedy or mitigate the effects on the adjacent river including effects on flows, water quality, bank stability and habitats.

    Rule  22.8.3.2 Bridges

    Bridges are a Discretionary Activity (Unrestricted).

    Explanation

    Given the dissected nature of urban development within the City, the Council recognises that the construction of a further bridge or bridges across the Manawatu River may be required in future to ensure a more efficient movement of vehicles across this watercourse.

    The Council acknowledges though, that the potential range of effects associated with the construction of such structures necessitates a thorough assessment of any such application, and therefore considers it appropriate that this activity be treated as a Discretionary Activity (Unrestricted).

    R 22.8.4.1 Non-Complying Activities

    Any activity which is not provided for as a Permitted Activity, Controlled Activity, Discretionary Activity (Unrestricted) or a Prohibited Activity shall be a Non-Complying Activity.

    Tauranga City District Plan provisions

    6.1 Issue: development in areas prone to natural hazards

    Use and development in areas prone to subsidence or flooding, or otherwise at risk from hazard events, such as coastal erosion or inundation, can expose people and physical resources to unacceptable risk or lead to en accelerated loss of natural resources.

    6.1.2  Objective: hazard management: land instability

    To reduce the risk to life, property and the environment resulting from use and development of land subject to, or likely to be subject to, instability.

    6.1.2.  Policy: avoidance of areas of land instability

    Subdivision, use and development should be avoided within areas of known or potential land instability where those activities or any subsequent use that is likely to be made of the land are likely to accelerate, worsen or cause damage to land (or in respect of the subsequent use of that land any other land or structure), structures or the environment through slippage or erosion.

    Methods

    District plan methods

    Other methods

    Thames-Coromandel District Council: draft proposed Natural Hazards Variation/Plan Change

    Since the 2002 ?weather bomb ', the Thames-Coromandel District Council (TCDC) has been aware of the need to review the natural hazard provisions of the Proposed District Plan. In June 2005, the Council's Policy and Planning Committee resolved to include a review of the Proposed District Plan 's natural hazard provisions as part of the District Plan review. There are two parts to the natural hazards plan change: coastal erosion and flooding.

    Environment Waikato (EW) and TCDC have been working closely on the ?Peninsula Project ', investigating flooding issues for the 14 catchments/communities on the Coromandel Peninsula. Sitting along side this, EW prepared its draft Regional Flood Risk Management Strategy to set out the framework and guidance for making decisions on how flood risks in the region should be managed.

    The TCDC draft Natural Hazards Variation/ Plan Change proposes to amend the District Plan to include rules, objectives and policies for subdivision and land use in areas affected by either flood or coastal hazards. In addition, the flood hazard risk areas and coastal hazard setbacks will be identified on planning maps.

    Draft District Plan provisions have been prepared by the council, and landowner and community input on these draft provisions has been sought. This has proved timely as development pressures increase on the peninsula, and inappropriate development has been able to proceed in high flood risk areas.

    Some of the key changes set out in the Plan Changes are set out below. More information is available on the TCDC website.

    The amended provision will provide greater emphasis on the avoidance of natural hazards. For example, this is the proposed wording in the background section of the natural hazards chapter:

    Subdivision and development in areas prone to natural hazards should be avoided where it may put human life at risk and the adverse effects of natural hazards on property and infrastructure should be minimised.

    This replaced:

    The significance of natural hazards depends on the type and intensity of human activity in the area. If human activity is decreased the potential for loss of property or life is reduced.

    In the proposed draft, many of the rules have been deleted, allowing for less activity in a flood hazard area. Proposed changes include removing the permitted activity status for houses in flood hazard areas as follows:

    452.1 PERMITTED ACTIVITIES

    1. Non-habitable housing additions or accessory buildings (e.g. decks, garden sheds) situated in the Flood Hazard Overlay.
    2. Not withstanding anything to contrary in this plan replenishment, nourishment and restoration works associated with approval Regional Coastcare programmes are a permitted activity in any zone.

    Within the flood hazard overlay, buildings are a restricted discretionary activity as follows:

    452.3 RESTRICTED DISCRETIONARY ACTIVITIES

    1. Within the flood hazard overlay:
      1. Houses, habitable accessory buildings (e.g. sleepouts) and additions
      2. Travellers ' accommodation, temporary living places, residential community care facilities and non-residential services and facilities.
      3. Commercial and Industrial buildings.

    The performance standards associated with flooding have also been deleted and replaced to reflect the changes as follows:

    453 STANDARDS

    Floor levels of all houses and all habitable rooms shall meet the following standards:

    1. 1. In areas not covered by the flood hazard overlay or identified on the flood risk management maps:

      Not less than 0.5 metres above predicted flood levels. Predicted flood levels are determined by reference to flooding history, a derived flood event, and existing flood protection measures.

    Hazard maps

    Maps showing the modelled flood affected areas have also been compiled to support the changes to the plan. These maps provide an example of best practice when mapping a hazard. In particular, they:

    The Wairarapa Combined District Plan: an example of integration

    The South Wairarapa, Carterton and Masterton District Councils have chosen to prepare a Combined District Plan so that consistent policies and methods will be used to address the Wairarapa 's significant resource management and cross boundary issues throughout the three districts. Further details are available on the Masterton District Council website.

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    Northland Regional Plan provisions

    11. USE OF RIVER AND LAKE BEDS AND DEVELOPMENT ON FLOODPLAINS

    11.3 ISSUES

    1. The potential for adverse effects on aquatic ecosystems and water quality arising from the need to manage watercourses so as to maintain free flow of water.
    2. The channelisation and stopbanking of streams and rivers for flood control and/or land drainage and the possibility of adverse effects downstream as a result, including flooding, channel erosion, siltation and degradation of water quality.
    3. The extent, duration and frequency of flooding in watercourses and floodplains, and hampered drainage of low or flat land which may be made worse by inappropriate use and development, or by lack of maintenance in or near watercourses.
    4. The erosion of the beds or banks of rivers and lakes and siltation resulting from obstructions to flow or disturbance of the river or lake beds, from structures such as bridges, culverts, weirs, dam structures and pump intake structures.
    5. The loss of wetlands and peatlands resulting from works within river and lake beds and land drainage activities.
    6. The potential for wetlands to be restored naturally when drained land is no longer managed for production purposes, and the subsequent conflict when drain maintenance recommences.
    7. The potential for adverse effects on aquatic ecosystems and the Riparian Management Zone, as a result of dam structures, weirs, and other structures and other activities in, on, over or under the beds of rivers and lakes.
    8. The degradation and loss of riparian and aquatic habitats, and the accelerated erosion of the river and lake beds and their margins, when stock congregate in the stream. This can be especially significant during hot dry weather conditions or where the stream is the only source of drinking water provided. This can increase sediment input into the water and also increases the potential for direct contamination of the water from animal wastes.
    9. Short-term contamination of water bodies from construction activities such as; concreting, earthworks or use of vehicles and machinery, on river or lake beds and banks.
    10. The potential adverse effect on aquatic indigenous vegetation and habitats of indigenous aquatic animals through the introduction of exotic plants and animals into a river or lake or into the bed of a river or lake.
    11. The potential for factors, such as the placement of structures, climate change, land use change and water takes to cause flow reductions within rivers and lakes and other water bodies, which (either cumulatively or individually) during resource allocation may lead to adverse effects upon the viability of the following;
      1. Aquatic ecosystems within rivers, lakes and indigenous wetlands,
      2. The ability of downstream lawful water users to meet their reasonable needs, especially during times of low flow.
    12. The use, placement, alteration or replacement of structures in, on, over or under the beds of rivers and lakes leading to over-utilisation or inappropriate use of surface water resources.
    13. The use, placement, alteration or replacement of structures in, on, over or under the beds of rivers and lakes that adversely affect continuation flows.
    14. The reduction in freshwater biodiversity and biological productivity due to the loss of access to some parts of rivers and lakes by migratory indigenous fish and invertebrate species and trout, as a result of the use, placement, alteration or replacement of structures in, on, over or under the beds of rivers and lakes.

    11.4 OBJECTIVES

    1. To ensure that the use of river and lake beds is undertaken in a manner that preserves natural character through, and has regard to, maintaining amenity values, minimising erosion and safeguarding the life supporting capacity of associated ecosystems.

      Cross-reference 11.03.09 and 11.03.14

    2. Flood control of floodplains that protects individuals, communities and their properties.

    3. The management of land drainage activities so that adverse effects on water and soil resources are avoided, remedied or mitigated.

      Explanation: The objective recognises that activities within the beds of rivers and lakes change the dynamics of the flow paths, particularly for rivers. This can cause erosion within the channel, and flooding of land upstream and downstream. Structures may reduce the natural character of the environment, as can the removal of vegetation on the beds and/or banks of rivers. Water quality can also be reduced by bed disturbance as well as from the release by dam structures of impounded water.

    4. The management, control of location and frequency of structures in, on, under or over the beds of rivers and lakes so as to maintain adequate minimum continuation flows in order to provide for:

      1. The protection of indigenous aquatic ecosystems and habitats;
      2. The current and potential needs of existing lawful water users;
      3. The need to manage potential risk upon property and people; and
      4. The maintenance of natural character.

        Cross-reference 11.03.07, 11.03.11 and 11.03.13

    5. The provision of fish and invertebrate passage for indigenous fish and invertebrate species and trout, within rivers, lakes and indigenous wetlands sufficient to sustain viable fish and invertebrate populations.

      Cross-reference 11.03.14

    6. The use of off-stream reservoirs and other off-stream water storage techniques as an alternative to the placement of dam structures on the beds of rivers and lakes.

      Cross-reference 11.03.11 and 11.03.12

      Explanation: These objectives recognise and promote the environmental responsibilities and duties devolved to all resource users in Northland pursuant to Part II of the Act. At the same time the objectives recognise that the Regional Council has specific functions and duties pursuant to s.13 (through ss.30) of the Act to set in place a policy framework so that sustainable management of freshwater resources is achieved. These objectives highlight the community 's aspirations for maintaining and improving ecologically viable and healthy freshwater, while also providing for the maintenance of natural character of Northlands freshwater environments. These objectives also promote off-stream reservoir storage options as they provide greater certainty for resource users with minimal environmental effect.

    11.5 POLICIES

    Existing Drainage Districts and Flood Control Schemes

    1. To avoid, remedy or mitigate adverse environmental effects resulting from the maintenance of existing land drainage and flood control schemes, and any new works associated with those existing schemes.

      Explanation: Land drainage and flood control schemes can occur on an individual property basis or on a catchment scale. The existing schemes, which have already significantly modified the environment, should be managed so that any adverse effects on people and their properties are avoided, remedied or mitigated. Adverse environmental effects from further drainage activities or inadvertent over drainage should also be avoided.

    New Land Drainage

    1. To ensure that, as a result of new land drainage activities outside the gazetted Drainage Districts and Flood Control Schemes:

      1. The adverse effects on aquatic and riparian habitats in rivers, or sections of rivers, deemed to have outstanding values identified in Policies 9.05.01 and 9.05.02, and in flow sensitive rivers, or sections of rivers, as described in Policies 9.05.03 and 9.05.04 are avoided and adverse effects on other rivers, lakes and indigenous wetlands, are avoided, remedied or mitigated.
      2. Bed and bank stability is maintained.
      3. Long-term water quality is maintained.
      4. Peatlands are not adversely affected.
      5. The adverse effects on groundwater levels are avoided, remedied or mitigated.
      6. The effects of ground subsidence from dewatering are mitigated.
        Explanation: Drains are often dug in developed land which has a low productivity due to high water tables. If the land is close to indigenous wetlands or peatlands, the drainage has the potential to lower the water table in those wetlands. The resulting discharge into the natural watercourse can also have an impact on the water quality of the receiving waters. Dewatering from settlement prone materials such as soft clays and peat soils can result in subsidence, resulting in building and property damage and flooding and drainage problems. Land drainage can also affect the ability of an aquifer to recharge which in turn affects the ability to take and use water.

    Flooding and Erosion Mitigation

    1. To promote structures and works that are effective in controlling floodwaters and in mitigating the effects of flooding and minimising erosion whilst avoiding, remedying or mitigating adverse environmental effects.

      Explanation: Ad hoc flood or erosion protection structures are structures which have been developed on an individual property basis to protect individual sections from flooding or erosion. While such structures can be desirable, providing they do not have adverse off-site effects, they can at times generate problems which negate the intended benefits. Alternatives to flood or erosion mitigation measures can include 'do nothing ', or relocation of developments under threat, if that is practical. A catchment floodplain study which has been carried out on the Northern Wairoa River contains information which can be used to assess the impacts of any proposed flood mitigation structure in this catchment. The Council will have regard to this policy when considering applications for land use consents in river beds and applications for land use consents for the construction of stopbanks.

    Maintenance of the Free Flow of Water

    1. To ensure that when undertaking works in the beds of rivers and on floodplains that are required to maintain a free flow of water, adverse environmental effects are avoided, remedied or mitigated.

      Explanation: While landowners are required under the Land Drainage Act 1908 to maintain watercourses on their property so that the water can flow through unimpeded from upstream properties, their duties under the Resource Management Act 1991 are not abrogated. Any adverse effects must still be avoided, remedied or mitigated.

    Role of Wetlands and Floodplains

    1. To recognise the role that wetlands and low-lying areas of land play in the management of floodwaters.

      Explanation: Wetlands and other low-lying areas can provide an important buffer storage for floodwaters and buffer adverse effects from flooding. Works in the beds of rivers and lakes and on floodplains can increase the risk of flooding downstream, with potential adverse effects on property and human life.

    Plantings

    1. To allow the introduction or planting of plants in, on or under the bed of any river or lake, and the on-going maintenance of such plantings where such plantings will:
      1. Enhance or maintain water quality through the interception of contaminants from adjoining land; or
      2. Avoid, remedy, or mitigate flooding or erosion; and
      3. Avoid, remedy or mitigate adverse effects on the aquatic ecosystem.

        Explanation: This policy is intended to ensure that any introduction or planting of any plant in a river or lake bed for flood mitigation, erosion protection, habitat restoration or enhancement, or for mitigating non-point source discharges of contaminants, will not result in the displacement of desirable species which are already present, nor will it adversely affect the ability of the river to carry floodwaters. "Desirable species" excludes any pest plants listed in a regional pest management strategy.

    Land Uses on Floodplains

    1. To encourage land uses on floodplains that do not result in adverse environmental effects or increased risks to people, properties or communities arising from the passage of floodwaters across floodplains.

      Explanation: Floodplains are created as a result of floodwaters overtopping the banks of the river. Some land uses, such as plantation forests, have the potential to trap flood debris, eventually creating a barrier to the floodwaters. The diverted water may affect some other structure or property which is not usually affected by floodwaters.

    2. To encourage the restoration and enhancement of riparian vegetation and habitats.

      Explanation: Developments on floodplains and the use of beds of lakes and rivers can affect riparian vegetation and habitats. Where opportunities arise to restore or enhance these areas, this should be undertaken to offset the effects of the use or development. Riparian vegetation can also be an important mitigation measure against flooding hazards.

    3. To manage indigenous wetlands in accordance with the objectives, policies and methods of the Regional Policy Statement.

      Explanation: The Regional Policy Statement contains specific objectives, policies and methods for the management of indigenous vegetation and habitat including wetlands. This policy recognises the importance of these objectives, policies and methods in providing protection for indigenous wetlands in Northland. The criteria provided within Appendix 13B of this Plan which are used to assess "significant indigenous wetlands" are derived directly from criteria provided within the Regional Policy Statement.

    4. To manage areas subject to land drainage and flood control schemes through long duration resource consents that are supported by management plans prepared in accordance with Appendix 17.

      Explanation: The Council will grant consent for the taking, diversion and discharge of drainage water within those areas specified in Schedule D, where an application is supported by a comprehensive drainage district management plan. These resource consents will provide for all diversion and discharge of drainage water within the area covered by the drainage district management plan that is existing or anticipated in the long-term.

    Dam Structures (Including Weirs) in Rivers and Lakes

    1. When considering consents for constructing new dam structures on the bed of a river or lake to require:
      1. In permanently flowing rivers the maintenance of design minimum flows sufficient to meet the needs of existing aquatic ecosystems;
      2. That the migration of indigenous fish and invertebrate species, and trout is provided for in accordance with Policies 11.05.15 and 11.05.16;
      3. Dissolved oxygen, water temperature and other chemical thresholds that are critical to indigenous aquatic life and healthy ecosystem functioning are maintained;
      4. Current and potential future land uses are considered;
      5. The proximity of dwellings, public land and areas where the public reside or congregate are taken into consideration with regards to the potential risks and hazards;
      6. Adverse effects on significant indigenous vegetation and significant habitats of indigenous fauna are avoided, remedied or mitigated;
      7. Potential adverse effects on existing lawful water users are avoided, remedied or mitigated.

    Cross-reference 11.04.01 and 11.04.04

    1. To control the location, size, scale and frequency of dam structures within rivers and lakes to ensure that adequate continuation flows are maintained within the catchment.

      Cross-reference 11.04.04 and 11.04.06

    2. Depending on actual or potential upstream existence of habitat for indigenous fish or invertebrate species or trout, the construction and maintenance of fish and invertebrate passes for new dam structures on the beds of rivers or lakes is required, except where no flow beyond the structure is required.

    3. To consider the construction of fish and invertebrate passes for existing dam structures on the beds of rivers and lakes where currently no indigenous fish and invertebrate or trout passage exists and where the placement of a fish pass would enhance the fish and invertebrate ecosystem.
    4. For existing dam structures on the beds of rivers and lakes to require the maintenance of existing fish and invertebrate passes in good operational order.

      Cross-reference 11.04.05

      Explanation (For Policies 15, 16 and 17): The Council aims to promote the maintenance of existing fish passes and the mandatory installation of fish and invertebrate passes (when associated with any new dam structure or alteration where one could be installed) in order to maintain current (and where practical improve future) fish and invertebrate access, and/or restoration of fish and invertebrate passage in order to improve biological diversity particularly within degraded ecosystems.

     11.6 METHODS OF IMPLEMENTATION

    For Policy 3

    1. Include rules which ensure existing drainage districts and flood control schemes are operated in accordance with an approved management plan. (Matters that should be addressed in a drainage district management plan are given in Appendix 18).

      Cross-reference: 27.01.03

    For Policy 4

    1. Include rules which control new land drainage activities which may adversely affect the environment, particularly those matters listed in Policy 11.05.04.

      Cross-reference: 27.03.03

    For Policies 5 and 6

    1. Include rules which control the use, placement, alteration or removal of stopbanks and approaches to river crossings.

      Cross-references: 27.01.04, 27.03.01, 29.01.03 - 5, 29.03.01

    2. Include rules which permit disturbance of river beds for the maintenance of the free flow of water, subject to environmental standards.

    3. Require the assessment of the effects of structures or works on land or on the bed of a river which are intended to control floodwaters or mitigate erosion, to include a consideration of alternative methods or taking no action. (This should demonstrate that the proposal is the best practicable option.)

      Cross-reference: 27.01.03

    4. Require an assessment of environmental effects pursuant to the Fourth Schedule of the Act to accompany an application for a land use consent. The level of information should be consistent with the scale of the activity.

      Cross-reference: 35.03.01

    For Policy 7

    1. Include rules which make works or structures that would result in the drainage, destruction, or result in significant adverse effects on indigenous wetlands a prohibited activity.

    2. To promote and encourage the restoration of wetlands where this can mitigate the potential for and effects of flooding and erosion.

    3. Provide information on the importance of wetlands by preparing pamphlets, organising seminars, and having displays at field days, in liaison with other relevant organisations wherever possible.

    For Policy 8

    1. Include rules which permit the introduction or planting of plants which have beneficial effects on the environment.

      Cross-reference: 30.01.01

    For Policy 9

    1. Provide information regarding the likely effects of developments on floodplains.

    For Policy 10

    1. Within two years of the Plan becoming operative prepare a report reviewing Section 32.01 in order to identify whether new standards are necessary to provide for the protection of significant areas of indigenous vegetation and significant habitats of indigenous fauna. If required, prepare a plan change to give effect to this review on its completion.

    For Policy 11

    1. The Council will, in consultation with District Councils, landowners, iwi and stakeholders, identify and prepare a comprehensive state of the environment report on significant indigenous wetlands in accordance with the objectives policies and methods set out in the Regional Policy Statement (in relation to indigenous vegetation and habitats of indigenous fauna), within 5 years of the Plan becoming operative.

    2. The relevant provisions will be reviewed to assess their adequacy and appropriateness for the management of significant indigenous wetlands following the identification and the state of the environment evaluation of such areas in accordance with Method of Implementation 11.06.20 above, and following consultation with District Councils, landowners, iwi and stakeholders.

    3. Until the identification process has been undertaken, the Council will assess the significance of indigenous wetlands on a case-by-case basis using the criteria set out in Appendix 13B. 

    For Policy 12

    1. Require drainage district management plans to be prepared by the Council, relevant District Council or by groups of landholders within Scheme area.

    For Policies 13-17

    1. Include provisions for the passage of indigenous fish and invertebrate species, and trout in the rules for new and existing dam structures.

    2. The Council will monitor any new dam structure on the bed of a river or lake, which results in the need for minimum flow requirements to be monitored on a schedule of not less than every two years, except in drought conditions where monitoring may be required on a more frequent basis.

    3. Investigate and promote best practice in accordance with Policy 11.05.13.

    4. Make comments and submissions on land use and subdivision consent applications if located downstream or in close proximity to any existing dam structure.

    5. In relation to the beds of rivers and lakes require a resource consent for:

      1. All new dam structures (established after 18 March 2006);
      2. An existing dam structure if it is altered so as to hold more or less water;
      3. Replaced or removed dam structures; or
      4. The continued damming, diversion and discharge of water for all new dam structures (established after 18 March 2006) which are more than minor.

      Cross-reference: 28.02.01, 28.02.02, 28.03.01

      Explanation: Through requirements under s.14 of the Act, damming and diversion of water and the discharge of water to water is a discretionary activity unless authorised by a rule in a regional plan. Therefore any new damming, diversion and discharge of water to water will require consent from 18 March 2006. Any lawfully established (after 18 March 2006) damming, diversion or discharge if considered to have a more than minor effect will require continued consent.

    6. To require applications for land use consents on the beds of rivers or lakes to include an assessment (as required by Section 88 and the Fourth Schedule of the Act) which demonstrates inter-alia the effects of the proposal on the matters listed in Policy 11.05.13.

    1. To permit the use and repair of legally established (as at 18 March 2006) or new dam structures on the bed of a river or lake, established after 18 March 2006, once consent has expired (that original consent being for no less than a 10-year term).

    2. Include consideration of principles for fish pass design in dam structures that have the ability to block or reduce stream flow.

      Cross-reference: Appendix 15.

    3. To promote and advocate through pamphlets, information days, seminars and field days, the need to create and maintain fish and invertebrate passage.

    4. To promote and advocate through pamphlets, information days, seminars and field days the construction of water storage sites off-stream as a means of reducing the adverse effects upon indigenous aquatic ecosystems and lawfully existing downstream water users.

    11.7 PRINCIPAL REASONS FOR ADOPTING THE OBJECTIVES, POLICIES
    AND METHODS RELATING TO RIVER AND LAKE BEDS

    The principal reasons for adopting the objectives are set out in the introduction and issues sections. The principal reasons for adopting each policy are incorporated in the explanation. The principal reasons for the methods of implementation are as follows.

    11.7.1 Rules and Environmental Standards

    There are a number of restrictions in the Act relating to the use of river and lake beds, which means that many activities are prohibited unless allowed by a rule or a resource consent. The use of rules in this instance seeks to allow activities which have minor adverse effects if environmental standards are met.

    The rules permit minor structures such as culverts, bridges, fords and bank protection works subject to environmental standards relating to drainage and flooding effects, riverbeds, bank stability, fish passage, protection of indigenous wetlands, high value flow sensitive rivers, water quality and natural characteristics. The rules also permit some land drainage activities, minor extractions and the planting of appropriate vegetation in the river or lake bed.

    The following methods relate to rules and environmental standards:

    11.06.01   11.06.02 11.06.03  11.06.06  11.06.07
    11.06.08 11.06.09 11.06.10 11.06.11 11.06.12
    11.06.13 11.06.14 11.06.17 11.06.19 11.06.20
    11.06.21 11.06.22 11.06.23    

    11.7.2 Education, Provision of Information and Advice

    An educative approach, in conjunction with rules, environmental standards and the provision of information will assist in achieving integrated resource management.

    Alone, rules are unlikely to achieve the environmental outcomes sought. To implement the permitted activity rules and the effects based environmental standards, the provision of guidelines to assist users to comply with the environmental standards is proposed. While these guidelines will contain recommended design criteria for structures and flood paths, complying with design criteria is not compulsory if the appropriate effects are achieved. Conversely, in some situations, compliance with the design criteria may not achieve the effects desired. This is inherent in the use of guidelines.

    Relevant Regional Council records relating to past flooding and drainage problems and the likely effects of development in those areas should be passed on to applicants to assist them to achieve the objectives. The following methods relate to education, provision of information and advice:

    11.06.05    11.06.16

    11.7.3 Advocacy

    As for the provision of information relating to the likely effects of development, the Regional Council has a role in ensuring that subdivisions, use and development on floodplains are appropriately controlled in District Plans. The following method relates to advocacy:

    11.06.04    11.06.15

    Kapiti Coast District Plan: hazard information to be included in a subdivision application

    Information to be included in a subdivision application (pages F-13 and F-14 of the Kapiti Coast District Plan).

    1. A plan detailing the existing situation including:
      • Topographical information, in terms of DOSLI Datum, together with a certificate as to its origin and accuracy.
      • The design of earthworks and final levels and contours of the site.
      • Details of hazardous areas (for example un-compacted filling or flood prone areas or areas subject to earthquake or geological hazards.).
      • Note: If the site has been identified as being subject to one or more hazards, a report from a suitably qualified and experienced person may be required on the extent of the existing and potential natural hazard. The report may be required to address the implication of the hazard on the proposed development or activity, and the actions required to mitigate any adverse effect.
      • Existing buildings and buildings on adjacent sites.
      • Landforms and landscape elements.
      • Location of watercourses, drainage channels and water table with comment on their condition, including identification of areas known to be subject to inundation, subsidence, slippage or erosion. Measure to be taken to overcome any of these limiting factors must be elaborated on. (A flood free building site must be provided.)
      • The location and areas of any existing esplanade reserves, esplanade strips or access strips.
      • All vegetation over 3 metres in height, including individual specimens.
      • Existing street names and numbers.
      • Existing easements and covenant areas.
      • Any existing heritage features (i.e. archaeological sites, cultural sites and buildings).
      • Existing high voltage electricity and high-pressure gas transmission lines.

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