Development and Review of LG Plans

A checklist has been developed to help councils consider climate change effects in a more strategic way during the development and review of statutory plans, policy statements and reports developed by councils, including those required under the RMA.

Statute/name of plan Duration and purpose

Checklist for considering climate change effects in plans

Statute: Local Government Act 2002

Name of plan: Long term plan

Duration: 10 years, but reviewed every three years. Can be changed at the same time as an annual plan is prepared

Purpose:

  • Provide a long-term focus for local authority decisions
  • Provide financial estimates to manage council/community assets
  • Are the long-term implications of climate change identified anywhere? Is any statement clear and able to be measured or monitored? If not, is there an explanation?
  • How is the timeframe of climate change effects handled? Is there adequate explanation of the need to act within the framework of the current plan, although effects may only be apparent during future plans?
  • Are adaptive responses to potential climate changes identified in relation to specific assets or activities (water supply, wastewater, stormwater, roading, pest management, parks and reserves management etc)? Are these specific and targeted to the asset?
  • If a change in level of service, or additional capacity is planned due to climate change (i.e. beyond the level of service or capacity based on other considerations), is this explicit and explained?
  • Are other programmes or plans relating to climate change identified (e.g. biosecurity, biodiversity) and details and budgets specified?
  • Is a monitoring regime relating to the aspect involving a climate change response identified and mechanisms, costs and duration foreshadowed?
  • Are the levels of uncertainty involved in the forecasts of climate change explained, and an estimate of the uncertainty provided?

Name of plan: Annual plan

Duration: Annual

Purpose: Support the Long Term Plan in integrated decision-making and coordination of the local authority resources; and provide an annual budget and funding impact statement for the local authority

  • Are budget requirements in relation to climate change responses identified in the long term plan explicitly followed through:
    • generally in relation to development/maintenance/ management of specific assets?
    • in terms of any investigation or research needs for the year?
    • in terms of ongoing monitoring?

Name of plan: Annual Report

Duration: Annual

Purpose: A report on the annual plan, measuring activities and expenditure against sustainable development.

  • Are any specific annual plan provisions relating to climate change reported appropriately, including asset management?
  • If the expected outcome has not been achieved, has this been explained?

Resource Management Act 1991

Name of plan: Regional Policy Statement

Duration: 10 years, but can be reviewed or changed at any time

Purpose: Achieve the sustainable and integrated management of natural and physical resources, by providing an overview of a region's resource management issues, policies and methods

  • Are climate change and its effects identified as a regional issue requiring a response?
  • Does the policy statement explain the national policy context?
  • Does the regional policy statement specify the time horizon for different types of decisions on climate change and its effects?
  • Does the regional policy statement give pointers for the formulation of regional and district plan contents relating to managing the effects of climate changes?
  • Are the respective roles and responsibilities of the regional and district councils in managing natural hazards in the region set out?
  • Does the regional policy statement promote consistency of approach towards climate change by local authorities within the region and across boundaries with neighbouring regions?
  • Does the regional policy statement promote public education as a method of response to climate change and its effects?
  • Does the regional policy statement promote avoidance or limitation of damage and costs from natural hazards, including those exacerbated by climate change, such as:
    • sea-level rise
    • increased rainfall intensity
    • increased incidence of severity or drought
    • wind events?
  • Does the regional policy statement include any provisions for monitoring effects of climate change, and any relevant statements of environmental outcomes?

Name of plan: Regional plans

Duration: 10 years, but can be reviewed or changed at any time

Purpose: Achieve the integrated management of natural and physical resources; managing and controlling land for soil erosion and natural hazards; managing and controlling water resources and beds of rivers and lakes; and managing and controlling the coastal marine area

Depending on the plan ...

  • Are climate change and its implications identified as an issue? If it is not, is there an explanation as to why not?
  • Is the approach and policy for climate change consistent with the regional policy statement?
  • Are there one or more objectives relating to climate change, which are adequately explained and integrated with policy and rules?
  • If there are rules or methods which relate to, or rely on climate change as a partial or complete justification for their existence (e.g. water allocation, flood design clearances, prohibiting building areas), is the provision clearly explained?
  • Are there any decision-making criteria related to taking the implications of climate change into account? Are these explained?
  • Are there any provisions for monitoring relevant to climate change effects, and any relevant statements of environmental outcomes as a result of the provision?
  • Is there a specific commitment that the council will keep up-to-date with changing understanding of climate change and its implications?

Name of plan: District plans

Duration: 10 years, but can be reviewed at any time

Purpose: Integrated management of the effects of use, development and protection of a district 's natural and physical resources; and control of land in relation to natural hazards

  • Is climate change identified as an issue in the district plan with adequate explanations?
  • How is the issue expressed in terms of objectives and policies?
  • Is the approach and policy for climate change consistent with the regional policy statement?
  • Have areas of enhanced risk (e.g. hazard zones, building lines) due to climate change been identified, with appropriate policy and rules?
  • Do the decision-making criteria relating to natural hazards refer to climate change and its implications?

Civil Defence Emergency Management Act 2002

Name of plan: Civil Defence Emergency Management Group Plan

Duration: Five years, but can be reviewed sooner

Purpose: Developing an integrated community-based response to the sustainable management of hazards

  • Does the risk management analysis taken into account changes due to climate change?
  • Does the recognition of the effects of climate change reflect the current level of uncertainty in the region and adopt a cautious approach as a result? If not, is this explained?
  • Does the plan include a specific commitment to keep up to date with changing understanding of climate change and its implications, including any relevant local monitoring or liaison?

 

Plans under other legislation, and/or plans which have no specific statutory basis

Name of plan: For example, Reserve Management Plans, Asset Management Plans, Catchment Management Plans, Landcare and Biosecurity Management Plans

Duration: Usually no set times. Plans should state their review periods.

Purpose: Plans should explain their purpose through stated objectives and policies.

Depending on the plan ...

  • Are there any statements or provisions relating to climate change and managing the effects?
  • If there are, are these appropriately linked to aspects of the plan that have long-term consequences (e.g. Reserve Management Plan may appropriately incorporate climate change considerations in relation to species choice for major planting programmes, or recognition of increased drought or flooding in design and subsequent maintenance costs of playing fields; Asset Management Plans may include expectations of changed levels of service needed in the future due to climate change; Landcare Plans may identify aspects such as reduced soil moisture in an area and promote a gradual shift in types of production/management as a response).
  • What monitoring regimes are incorporated?

RMA policy-making

Where climate change effects are expected to be significant (e.g. in areas where coastal erosion along a heavily developed foreshore is expected to exacerbate under a changing climate), a precautionary approach is appropriate, reflecting the direction set by the New Zealand Coastal Policy Statement (for example, see ss3.3 and 3.4).

While climate change may appear a gradual process the impacts of which are difficult to determine with accuracy, the development and use of land usually brings about long-term changes that are difficult to reverse once the effects of climate change manifest themselves. For example, an area may not be susceptible to the effects of climate change (e.g. sea level rise) for the next twenty years, but may subsequently become at risk after that time. If the effects are significant, this could create lock-in problems for future generations.

Land use planning decisions should integrate consideration of future climate, and cover a sufficiently long-term horizon, particularly given the permanency of structures and the expectations and values inherent with increased development. Both territorial and regional authorities can mitigate some of this risk by ensuring that there are robust land use policies and provisions within their plans, and that current policies and strategies are reconsidered as necessary.

The tools for managing natural hazards are well known and developed, and can be found in district and regional plans throughout the country.

  • When plans or relevant part of plans are proposed to be reviewed, studies should be programmed to ensure the necessary data and supporting technical information is available for the policy analysis. For example, studies on how sea-level rise might affect local coastal inundation and erosion risks in highly developed areas may be necessary if the information-base is not sufficiently current or comprehensive to provide for robust analysis and policy development.
  • In areas where the effects of climate change are expected to be significant, particularly those in which coastal and flooding hazards are expected to worsen, it is recommended that explicit policies be formulated and contained within the relevant regional and district plans - including the regional coastal plan.
  • A review of significant resources within the local authority that may be affected by climate change may assist in understanding what are the likely resources to be affected, the extent to which impact is likely, what priority resources need protecting, and what avoidance or mitigation measures may be practicable. These may need to be taken into account in the preparation and review of Long Term Plans, Annual Plans, and asset management plans, for example.
  • Community education about the expected effects of climate change is an important early element to any policy-making process particularly in the lead up to consultation where it is important that those consulted have adequate sound information upon which they can make informed decisions.

Several policies in the New Zealand Coastal Policy Statement address the effects of climate change.

  • Policy 3(2) which refers to adopting the precautionary approach with regard to coastal areas subject to the effects of climate change
  • Policy 4(c)(iii) which refers to the need to use an integrated approach to development or land management approaches for land subject to inundation
  • Policy 10(2)(a) which refers to the need to consider the potential effects of climate change when dealing with coastal reclamations
  • Policy 18(d) which refers to considering the likely impacts of climate change in relation to public access to open space adjoining the coast
  • Policy 24(h) which refers to considering the of climate change when identifying areas of coastal hazards
  • Policy 27(2)(b) which refers to considering the effects of climate change when protecting significant developments in the coast

Regional policy statements

Under the RMA, regional and district plans must be consistent with the relevant regional policy statement. Taking account of the effects of climate change will be an explicit consideration in the review of the first generation regional policy statements, which all have policies on natural hazards and groundwater resources.

  • Where the effects of climate change are likely to be significant resource management issue, effective responses to addressing the effects of climate change and changing natural hazards may require a coordinated approach between regional and territorial local authorities. As an example, coordination is recommended to address coastal hazards and flooding risks, for which both authorities have a role to play.
  • Cooperative regional-district partnerships can be promoted and expressed through regional policy statements, particularly in areas where climate change is expected to significantly impact on natural hazard risks.

Regional and district plans

All district plans have policies and provisions on natural hazards. In addition, regional coastal plans also address natural hazards, while flooding hazards and soil erosion are usually addressed in district plans, other regional plans, or both. The effects of climate change could be appropriately addressed largely by reviewing current policies, updating the information base to include information on expected climate change impacts, and reassessing the effectiveness of current methods to implement such policies.

Regulatory controls managing the development and use of land are a principal, but not exclusive, method for addressing the effects of climate change under RMA Plans. This is especially so in areas where existing development is under threat from, or potentially threatened by, exacerbated natural hazards. For example, such regulatory controls include building setbacks, development prohibitions, building floor level requirements, and limitations on land use activities. Where a coastal erosion risk or flood risk is expected to worsen as a result of climate change, regulatory methods may have even greater relevance to limit the exacerbation of risks through further development.

In addition, other commonly used non-regulatory methods include:

  • Provision of reserves (for example, esplanade reserves) to act as buffers, or as substitute land uses in place of more vulnerable land uses;
  • Guidelines and codes of practice (which may, for example, be used to promote appropriate design specifications for stormwater disposal systems);
  • Community education and involvement (for example, dune care programmes to improve resilience to sea level rise, siting and designing buildings); and
  • Covenants and consent notices on the title (for example, identifying "no build" areas, or vegetation retention requirements).

Other statutory instruments also need to be considered.

Strategic management planning initiatives are often an effective way of developing an integrated approach to addressing natural hazards. Management plans directly link with other council services and programmes outside the RMA that can be reviewed, updated and revised as progress requires and resources permit, without amending the RMA Plan. However, given that the process of developing strategic responses has to link with the Plan (which has its own formulation process), an iterative approach may be necessary.

RMA plan 'example provisions'

The RMA Plan example provisions have been prepared to illustrate how the effects of climate change relate to various resource management issues. They are based on a fictitious region/district, and are therefore general in nature. That being the case, while the examples can provide direction for those developing plan provisions, it is not advisable to 'cut and paste' the provisions into plans without modification for local circumstances.

No example rules have been proposed, although comment has been made. This is because responding to climate change will most likely influence how other rules (such as those relating to natural hazard management) work and where they apply, but they are not the 'driver' for the rule.

In some cases however, councils may wish to insert additional provisions into their plans after considering how to respond to the longer term effects of climate change. Such changes could include, for example:

  • Adding additional or new setbacks in areas expected to be prone to erosion or flooding;
  • Introducing or extending areas that are subject to minimum floor area requirements;
  • Introducing or extending the areas where geotechnical reports are required before development takes place (such as on erosion prone or unstable hillsides).

Regional policy statement – Natural hazards chapter

Coastal erosion

Issue
Climate change effects such as sea level rise and increased frequency and magnitude of storm surges will potentially alter and/or increase the risks from coastal erosion.

Issue explanation
Climate change is expected to result in rising sea levels and an increase in both the frequency and intensity of storm events. Both are expected to increase the impacts of storm surge and wave run-up, which will directly affect the location, rate and magnitude of coastal erosion. Areas currently experiencing coastal erosion may see an increase in erosion, and erosion may start to occur at locations where coastal erosion is currently not significant.

Objective
To ensure the effects of climate change are taken into account in avoiding or mitigating the adverse effects of coastal erosion on people and natural and physical resources.

Policy
Where new subdivision, use and development is proposed in the coastal environment, the occurrence and magnitude of coastal erosion must be assessed, including any potential changes to existing risk as a result of climate change.

Method
Identify areas susceptible to future coastal erosion, including via modeling of expected climate change effects.

Flooding

Issue
Climate change is predicted to increase the frequency and intensity of heavy rainfall events, leading to changes in flood risk.

Issue explanation
Increasing air temperatures will bring a corresponding increase in the frequency and intensity of heavy rainfall events, even in areas expected to experience less average rainfall in future. This change will place pressure on existing stormwater systems in urban areas, and natural drainage systems in rural environments. Areas currently prone to flooding may see an increase in the frequency and scale of future flooding events, and new areas currently not affected by flooding may become susceptible.

Objective
To ensure the effects of climate change are taken into account in avoiding or mitigating the adverse effects of inundation on people and natural and physical resources.

Policy
Where new subdivision, use and development is proposed in areas susceptible to inundation, the occurrence and magnitude of inundation must be assessed, including any potential changes to existing risk as a result of climate change.

Method
Identify areas susceptible to future inundation, including via modeling of expected climate change effects.

Regional plan – Freshwater chapter

Issue

The effects of climate change have the potential to change the quantity and quality of surface water, with increased variability in river flows likely.

Issue explanation
Changes in the intensity and frequency of extreme weather events are one of the expected effects of climate change. These events include increased incidence of drought in Eastern areas, and increased floods in all areas after major heavy rainfall events. Either could result in significant changes in the amount of water flowing in a number of rivers and streams throughout the region. Abstractions, damming and diversions of freshwater must consider this increased fluctuation in flows.

Objective
To manage the effects of climate change resulting in increasing variability of flows in rivers and streams by controlling the taking, use, damming and diversions of fresh surface water.

Policies
Manage the abstraction of fresh surface water based on hydrological modelling/predictions including the effects of climate change.

Limit the abstraction of fresh surface water during extreme low flows.

Methods
Regulatory:

  • Rules setting minimum flow levels in streams and rivers throughout the region.
  • Assessment criteria for determining resource consents for water abstractions from low flowing rivers and streams.
  • Conditions on resource consents in water abstraction water permits.

Non-regulatory:

  • Provision of information material to inform the public about the minimum flows in rivers and streams, and the hydrological analysis including climate change predictions used to calculate the minimum flows.
  • Undertake further hydrological research into the effects of climate change on fresh water resources, in particular minimum flows and extreme flood events.
  • Encourage water efficiency measures in the community
  • Commission regional economic study into drought-tolerant agricultural and horticultural practices.

Rules
Existing rules associated with the abstraction of fresh surface water should be audited to ensure climate change predictions have been incorporated into the minimum flow calculations.

District plan - Natural hazards chapter

Issue
The effects of climate change have the potential to change and/or worsen the effects of existing natural hazards on people and natural and physical resources in the District.

Issue Explanation
Based on current predictions, climate change has the potential to affect the scale and intensity of existing natural hazards in the District, in particular, the natural hazards of coastal erosion, coastal inundation, storm surges, flooding and droughts. In managing land use and subdivision in areas prone to natural hazards, the Resource Management Act requires the effects of climate change to be considered.

Objective
To minimise the effects of climate change in areas subject to natural hazards, by managing activities and development within areas at risk from each hazard.

Policies
To identify natural hazard prone areas in the District incorporating the current modelling/predictions of expected climate change impacts.

Subdivision and development in areas prone to natural hazards should be avoided, or permitted only where it is demonstrated that the risks from the hazard(s) can be effectively mitigated.

Methods
Regulatory:

  • Rules and the resource consent process to manage subdivision and development in areas subject to significant risk from natural hazards.
  • Assessment criteria for determining resource consents in hazard prone areas.
  • Conditions on resource consents in hazard prone areas to avoid or mitigate the risks of natural hazards.

Non-regulatory:

  • Provision of information on the location and characteristics of natural hazards (climate change adjusted) through Land Information Memorandums (LIMs).
  • Undertake research into natural hazards, including modelling the effects of climate change on areas susceptible to natural hazards.
  • Protection works to safeguard existing development from changes in the scope and intensity of natural hazards (e.g. flood protection works).

Rules
Existing rules should provide an appropriate framework, but may need adjusting to take into account climate change effects (i.e. the inland boundary of the foreshore protection zone, location/extent of flood hazard areas).