Other statutory instruments
Building Act 1991
The Building Act addresses building work in the interests of ensuring the safety and integrity of the structure through its construction and subsequent use (as distinct from the RMA, which addresses the effects of that structure (or any activity within it) on the environment, and of the environment on that structure (or activity within it)).
Buildings require building consent under the Building Act. Where controls are imposed under both the RMA and the Building Act, both must be met with generally the practical effect that the more stringent control prevails. The Building Act raises questions of whether the land 'is likely to be subject to erosion, avulsion, alluvion, falling debris, subsidence, inundation, or slippage'; or whether the works are likely to 'accelerate, worsen, or result in erosion, avulsion, alluvion, falling debris, subsidence, inundation, or slippage of that land or any other property'. Under section 36 of the Building Act, the existence of these natural hazards can be noted on the title of a property.
Although district councils can exercise some judgement about whether to allow a subdivision or development, councils cannot avoid responsibility for avoiding or mitigating effects of natural hazards in favour of reliance on controls under the Building Act. Because the RMA takes a long-term (intergenerational) view, RMA requirements can be more restrictive than those imposed under the Building Act - for example, standards based on 1:100 year events, rather than 1:50 years under the Building Act. RMA plans are important as they may determine whether a building can be sited in the relevant area in the first place. The Building Act (specifically section 36) is particularly important where coastal (or other) hazards are discovered after titles have been created or even after development is already established.
Local Government Act 2002
The Local Government Act (LGA) outlines administrative and management responsibilities for regional and district councils, including land management, utility services, recreation assets, transportation and the associated provision of services.
The LGA requires stopped roads along the margins of the coast (along MHWS) to be vested in Council as esplanade reserves. The LGA also establishes the means by which territorial local authorities may collect financial contributions for funding the acquisition, maintenance and development of reserves.
Section 650A1(i) of the Local Government Amendment (No 2) Act allows for district councils to undertake various works in the coastal environment including the erection and maintenance of: quays, docks, piers, wharves, jetties, launching ramps, and any other works for 'the improvement, protection, management, or utilisation of waters within its district (subject to the controls established by the RMA)'.
Community planning is a cornerstone of the LGA, with the requirement to prepare Long Term Council Community Plans (LTCCP). There are also specific consultation requirements when preparing these plans, or bylaws under the Act. This has particular significance for coastal strategies, or other management plans that are adopted as part of the response to coastal hazards, including climate-induced coastal hazards. These strategies and plans can be prepared to meet some of the requirements, particularly the consultative requirements of LTCCPs.
Civil Defence Emergency Management Act 2002
The Civil Defence Emergency Management Act 2002 (CDEMA) is intended to:
The CDEMA requires that a risk management approach be taken when dealing with hazards. In considering the risks associated with a particular hazard, both the likelihood of the event occurring and its consequences must be considered. The CDEMA is largely an enabling mechanism, which can complement both the BA and RMA. In particular, integration between regional and district councils is achieved with the formation of Civil Defence and Emergency Management (CDEM) Groups comprising representatives from each of the territorial local authorities and the regional council within a region. The CDEMA (Section 17(1)) outlines the functions of a CDEM Group in relation to relevant hazards and risks. These include:
(a) identify, assess, and manage those hazards and risks;
(b) consult and communicate about risks; and
(c) identify and implement cost-effective risk reduction...
The CDEMA (Section 48) provides that each CDEM Group must provide a CDEM Group plan and that plan must state the hazards and risks to be managed by the Group and the actions necessary to do so. The CDEMA therefore anticipates that regional and territorial authorities will cooperate in the management of hazards and risk, including coastal hazards.
Reserves Act 1977
The Reserves Act (RA) makes provision for the acquisition, control, management, maintenance, preservation, development and use of public reserves, and includes provision for controlling public access to coastal and rural areas where these are in public reserves. Administering bodies are required to prepare management plans for their reserves, which are open for public comment and review (except most government and local purpose reserves).
While the RA is aimed at providing public use areas and access, these reserve areas may also provide useful buffers from coastal hazards. However, councils must manage reserves to fulfil their purpose(s) under the RA (e.g., whether historic reserve, scientific reserve, scenic reserve etc) and any hazard management function is incidental. Management of the reserves for the purposes of hazard mitigation or avoidance is not expressly covered by the RA and would appear to only be a valid purpose of reserve management to the extent it is compatible with the primary purpose of the reserve. There is also no case-law to support this approach. The concept of a local purpose reserve does appear to be wide enough to include reserves managed for hazard mitigation or avoidance purposes.
Public Works Act 1981
The Public Works Act (PWA) deals with the rights of central and local government to acquire private land for public purposes including for reserves (within the meaning of the Reserves Act), and the procedures for acquiring and disposing of this land. Acquisition of land for reserve purposes is one way of providing for buffer mechanisms.
