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Coastal land development

General methods

The following section describes methods generally available for practitioners to manage the impacts of coastal land development. Methods can be statutory, non-statutory or a combination of both. Some statutory methods are also regulatory.

Specific guidance on methods that can be used to manage each type of coastal land development issue is provided in the section: Coastal environment: issues, effects and management methods.

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Statutory methods

Statutory methods to manage coastal land development may be carried out under the:

These are discussed in more detail below.

Regional policy statements

The purpose of regional policy statements is to provide an overview of the resource management issues of the region, and set out policies and methods to achieve the integrated management of the natural and physical resources of the region.

Regional policy statements are a key RMA instrument in achieving integrated management of the coastal environment as regional and district plans must give effect to regional policy statements. The broad scope set out in s59-62 of the RMA provides the opportunity to strategically address coastal land development throughout the region by:

For a measurable and explicit approach to cross-boundary issues, see Chapter 13 of the Tasman Regional Policy Statement. This policy statement aims to provide consistent resource management policies to address the cross-boundary issues and to continually work with adjacent authorities to address issues in a timely and effective manner.

Regional coastal plans

Regional councils are required to prepare regional coastal plans under s64 of the RMA to achieve the purpose of the RMA in relation to the coastal marine area. Regional coastal plans are limited to managing effects within the coastal marine area and are not useful to manage the effects of coastal land development that cross the land/sea interface. Regional coastal plans are important however to address the effects of activities in the coastal marine area associated with land development (eg, discharges and seaward facilities such as jetties). Examples of regional coastal plans that consider land development effects on the coastal marine area include:

Regional plans (including regional coastal environment plans)

Regional councils may prepare regional plans under s65 of the RMA to help them carry out their regional functions. Importantly, section 64(2) of the RMA allows regional councils to incorporate a regional coastal plan into a regional plan "where it is considered appropriate in order to promote the integrated management of a coastal marine area and any related part of the coastal environment". These regional plans that apply to the wider coastal environment are often referred to as regional coastal environment plans.

As coastal land development issues are inextricably linked between land and the coastal marine area, regional plans that apply to the wider coastal environment (including the coastal marine area) offer a significant advantage to manage coastal land development impacts and promote integrated management. Examples of regional plans that apply to the wider coastal environment include:

Regional plans can also be developed to control the use of land above mean high water springs when considered appropriate to carry out the functions of the regional council in section 30(1)(c) of the RMA. Many of these functions are relevant to the management of coastal land development impacts such as discharges to air, land and water, biodiversity, and avoidance or mitigation of natural hazards. For example, chapter 3 of the Waikato Regional Plan provides good examples of policies for non-point source discharge management from coastal land development into the coastal marine area.

Other uses of coastal land are primarily controlled through district plans.

Refer to the Plan Development Process  and the Writing Provisions for Regional and District Plans Guidance Note for more information.

District plans

District plans help territorial authorities carry out their functions in order to achieve the purpose of the RMA, through the use of objectives, policies, and rules. District plans must also take into account iwi management plans.

District plans may include a definition of the inland boundary of the coastal environment. For example, Section 6 of the Hauraki District Plan provides a detailed description of how the coastal environment (and coastal marine area) is defined within the district, using both arbitrary distances (eg, 500m) and area by area assessments.

District plans may also use coastal zones to provide particular management of the coastal environment above mean high water springs. Zones and overlays on district plan maps are a useful method to identify the location of significant natural features, landscapes, heritage sites, hazard zones and other areas, and provide specific objectives, policies and rules to control the adverse effects of land development.

District plans should aim to provide integrated management that recognises the connections between the various elements of the coastal environment, including significant landscapes, natural character and natural hazards. Chapter 27 of the Whangarei District Plan provides a good example of a district plan that recognises the cross-boundary issues relating to coastal management and provides objectives, policies, and methods to achieve integrated coastal management.

The Environmental Defence Society 's Community Guide to Coastal Development provides general guidance on objectives and policies that could be included in plans to manage the effects of coastal development.

Esplanade reserves

The RMA requires an esplanade reserve or strip 20m in width to be set aside for land adjacent to the coast where any site of less than 4ha is created through subdivision. The requirement for an esplanade reserve or strip may be varied or waived through district plans or resource consents (see s229-237 RMA). Esplande reserves are a useful method to maintain or enhance many coastal values including natural character, biodiversity, public access, and amenity values. Esplanade reserves may also provide access to undertake customary activities and mitigate the effects of natural hazards.

Esplanade reserves have a fixed boundary which means that the area may be lost through coastal erosion. Esplanade strips differ in that they are created by instruments on the title of the land, remain in private ownership and have boundaries that move with any changes in the location of Mean High Water Springs resulting from erosion or accretion. Esplanade strips may therefore have the advantage of maintaining access in the longer term where land is subject to erosion. For more information see the Esplanade reserves, esplanade strips, and access strips under the RMA guidance note.

Resource consents

Most coastal developments will require resource consent before they can proceed (eg, subdivision, coastal structures, discharges and earthworks).  Resource consents will often be required from both regional councils and territorial authorities, particularly where land development may impact on the coastal marine area. In these situations, each council should be aware of any related consent requirements and consider holding joint hearings on notified applications to ensure that an integrated approach is taken to address all the environmental effects arising from a proposal.

Any application for resource consent is required to include an assessment of the actual or potential effects of the development on the environment (AEE) as prescribed in the Fourth Schedule of the RMA. The resource consent process provides the opportunity for all actual and potential effects of coastal land development proposals to be identified and assessed. The assessment of resource consent applications should be guided by relevant objectives, policies and rules within regional and district plans and the regional policy statement.

Where approval is considered appropriate, the RMA allows any adverse effects to be remedied, avoided or mitigated through appropriate conditions of consent. Because a resource consent application is site-specific, it provides an opportunity to focus on the specific attributes of the site and to tailor consent conditions to the protection or enhancement of elements of the coastal environment such as public access, biodiversity, landscape or heritage features. Financial contributions can also be imposed as a consent condition to offset adverse environmental effects provided these are imposed in accordance with the relevant plan.

Many assessments of environmental effects will provide locally relevant information on the existing environment, such as natural character. These assessments may include information that may have been relatively unknown or un-researched in the past, on matters such as marine biodiversity. This information can then contribute to the knowledge base for future planning in the area. Monitoring can also be required as a condition of resource consent to provide more information for assessing potential effects associated with future coastal development or coastal planning.

Assessment of environmental effects may also include a cultural impact assessment. A cultural impact assessment provides local information on tangata whenua values and an assessment of the effects from a proposed development on those values.

Refer to the Consent Processing Resource for more information.

Monitoring and reporting

The monitoring and reporting requirements for local authorities under s35 of the RMA are a useful tool for determining the issues and impacts associated with coastal land development, as well as monitoring the success of management methods to address those issues and impacts.  For example, the Coastal Environment chapter of Greater Wellington Regional Council's 2005 "Measuring Up" report on the effectiveness of the Regional Policy Statement provides a useful tool for the council to determine the effectiveness of existing provisions, identify current issues and where additional methods may be required.

Monitoring and reporting is also required under other legislation, such as the Hauraki Marine Park Act 2000. The Hauraki Gulf Forum 's 2008 State of the Environment Report provides an update on the 2005 report, and a baseline to measure future changes within the area subject to the Hauraki Gulf Marine Park Act.

See the monitoring and reporting one-stop shop for more information.

Delegations, transfer of powers and joint management agreements

Transfers and delegations under s33 and 34 of the RMA can be used to transfer powers and delegate RMA functions. This can help with integrated management of coastal development across mean high water springs. For example, the Auckland Regional Council delegates some of its functions for coastal consent processing and monitoring to Rodney District Council within the Rodney district. It is important to consider the practical extent and effect of such delegations and that relevant plans and policies are integrated on these matters. For example, Otago Regional Council delegates noise control in the Otago Harbour coastal marine area to Dunedin City Council, so that it can be managed in conjunction with noise control on land. However, the city council is limited by the fact that it has no power to make rules to manage noise in the coastal marine area.

Sections 36((b)-(e)) of the RMA provide for a local authority to enter into a joint management agreement with any public authority, including an iwi authority or group that represents hapu for the purposes of the RMA. This provision was introduced in 2005. As yet there are no examples of joint management agreements for any functions, powers or duties within the coastal environment.

Long-term council community plans

Long-term council community plans (LTCCP 's) are prepared by councils under the Local Government Act 2002. LTCCP 's describe the communities ' desired outcomes over at least a 10-year period and provide a good tool to identify community aspirations in relation to coastal land development. The community outcomes direct the annual planning and budgeting of the council.

There is no direct statutory link between LTCCP 's and the RMA, but plan changes under the RMA are often needed to implement the community outcomes sought. These changes are subject to the usual First Schedule of the RMA required for developing policies and plans under the RMA. Similarly, non-regulatory methods identified in district or regional plans may need to be embedded in the LTCCP for effective implementation.

See the Relationship between the Local Government Act and RMA for more information.

Triennial agreements

The Local Government Act 2002 (LGA) requires all councils within each region to agree on protocols for communication and coordination. Triennial agreements meet the requirements of the LGA and are a good method to assist with the integrated management of the coastal environment. For example, the Waikato Regional Triennial Agreement provides for improved communication and coordination at all levels of local government in the Waikato Region.

Bylaws

Under s145 and s146 of the Local Government Act 2002, territorial authorities can make bylaws for a number of purposes. This includes protecting the public from nuisance, for public health and safety reasons, and the management of infrastructure, reserves and recreational grounds. Consequently, bylaws are a useful way of managing some of the issues associated with coastal land development, both on land and in the coastal marine area (eg, navigation).

Bylaws can be used as an alternative to setting rules in a district plan. Bylaws have more limited rights of appeal and therefore provide greater certainty but less flexibility than RMA instruments. Permit and penalty processes made under bylaws can be simpler than resource consent processes, which makes bylaws useful to control short-term and temporary activities (such as the exclusive uses of beaches).

The following examples demonstrate how bylaws can be effectively used in respect of earthworks Dunedin City Council Earthworks and Signs Bylaw and restricted activities on a beach Kapiti Coast District Council Beach Bylaw 2002.

Reserves/parks planning

Reserve management plans and reserve acquisition plans are prepared under the Reserves Act 1977 and are a useful way to establish and manage public spaces. Councils are required to prepare reserve management plans for every reserve they administer. These plans should address management issues specific to each particular reserve and park, and provide opportunities to maintain and enhance public access, open spaces and recreational opportunities. These plans should also be aligned with the communities ' needs, demands and desires for reserve management.

Some councils prepare plans for the coastal reserves they administer, such as the Coastal Reserves Management Plan prepared by New Plymouth District Council. This plan sets out objectives and policies for all coastal reserves the council administers and provides a useful method to provide consistency in reserve management and address common issues associated with coastal reserves, such as peak period use and demand for infrastructure.
Other statutes

The Hauraki Gulf Marine Park Act (2000) has been specifically produced to achieve integrated management across land and sea. By establishing some overall objectives for the Gulf, its islands and catchments, the Act provides for integrated management of the Hauraki Gulf across 21 statutes including the RMA, Conservation Act 1987 and Fisheries Act 1996. The Act aims to ensure the effects of coastal development on the Hauraki Gulf are given proper consideration and its life-supporting capacity is protected.

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Non-statutory methods

Non-statutory methods for the management of coastal land development include:

Many non-statutory methods have aspects of regulatory control or may be incorporated into regulatory documents to provide more teeth for implementation.

Strategies

Strategic documents such as growth, coastal and conservation management strategies are a useful method to provide a long-term direction for a particular area and may help achieve a 'vision ' for the coastal environment. Strategies are useful to provide a holistic approach to management but have the disadvantage of being largely non-statutory (excluding for example, conservation strategies). However, strategies can recommend implementation measures that can involve changes to statutory documents such as regional and district plans. Any new RMA plan or plan change is still subject to the First Schedule of the RMA plan change process.

Strategies are a good mechanism for integrated management of coastal development issues and effects particularly when prepared jointly by the various authorities responsible for managing the coastal environment. Strategies should also be developed in consultation with the community to help achieve strong community buy-in to the vision and methods of implementation. Strategies may lead to the development of structure plans for implementation at the local level.

Structure plans

Structure planning seeks to achieve the effective planning and management of growth by integrating the protection, use, management and development of land and resources within a particular area. Structure plans often have a broad physical plan (or map) that identifies areas of growth, protection, parks and infrastructure and community requirements over a long timeframe (usually 20 years). Structure plans are often used to implement the vision of a regional or district strategy at a local level. See the Structure Planning Guidance Note for more information.

Structure plans have the advantage of providing detailed information on how a specific area will be developed and can be used to provide for the holistic management of coastal development. Structure plans allow for the strategic consideration of all potential impacts of developing an area allowing methods to be developed in advance to mitigate those effects.

Like strategies, structure plans are generally developed as non-statutory documents and may lack 'teeth ' when it comes to their implementation. However, many councils are now incorporating structure plans into district plans through the RMA plan change processes. For example, the Thames Coromandel District Plan contains a number of structure plans to ensure specific issues are addressed when development is proposed for a particular area or locality. These structure plans have the status of a rule in the plan.

The Auckland Regional Council has prepared the ARC Guide to Structure Planning: A Regional Practice and Resource Guide 2005. This guide acknowledges the importance of Integrated Catchment Management and open space planning as key matters to consider when developing structure plans to manage coastal land development.

Management plans

Management plans are usually prepared in response to a specific issue or for areas that are experiencing pressures and effects. Management plans relevant to coastal land development include reserve management plans, harbour management plans, coastal erosion management plans, coastal compartment management plans (see the Auckland Regional Council website for examples), asset management plans, catchment management plans, conservation, and biosecurity management plans.

Management plans are generally not statutory although they may be referred to in regulatory documents. Larger management plans often involve a number of agencies and can provide a useful tool for integrated management across jurisdictional boundaries.

Iwi management plans

An iwi management plan (IMP) is a term commonly applied to a resource management plan prepared by an iwi, iwi authority, runanga or hapu . An IMP identifies important issues to tangata whenua regarding the sustainable management of natural, physical and cultural resources of their rohe (territory). IMPs (also known as hapu environmental management plans, or iwi planning documents) are expressions of kaitiakitanga, and consolidate tangata whenua knowledge on natural resources and resource management issues of importance to them.

Sections 61, 66 and 74 of the RMA require regional councils and territorial authorities to take into account any relevant planning document recognised by an iwi authority and lodged with the council when preparing or changing any RMA planning document.

As tangata whenua have a special interest in the coastal environment IMPs are useful to identify sites and places of cultural importance within the coastal environment and articulate the views of tangata whenua on coastal land use, subdivision and development. IMPs are also useful to help practitioners recognise and provide for tangata whenua values when developing coastal land development provisions in plans and may include specific information on how tangata whenua want to be involved in policy, planning and resource consent processes.

The Te Poha o Tohu Raumati: Te Runanga o Kaikoura Environmental Management Plan I provides a good example of an iwi management plan that aims to protect coastal areas from inappropriate growth and development as a key issue for Ngati Kuri in the Kaikoura area. The plan includes clear policies that give direction to a range of different methods that practitioners can take into account in developing plans, policies and other methods. Te Poha o Tohu Raumati: Te Runanga o Kaikoura Environmental Management Plan has been developed so that it can be easily interpreted by RMA practitioners, including the use of the same terminology from the RMA and direct reference to sections of the RMA.

Frequently Asked Questions on Iwi Management Plans provides more information on IMPs.

Cultural Impact Assessments

A Cultural Impact Assessment (CIA) is a report documenting tangata whenua values, interests and associations with an area or a resource, and the potential impacts of a proposed activity on these. CIAs can facilitate meaningful and effective participation of tangata whenua when assessing the actual and potential effects of coastal development on cultural values. There is no statutory requirement for resource consent applicants or the consent authority to prepare or commission a CIA but they can help provide a full and accurate assessment of environmental effects.

CIA reports are often an excellent source of information on tangata whenua views on coastal development, and can provide guidance on how to recognise and provide for the special relationship of tangata whenua with the coastal environment.

An example of a CIA addressing coastal land use is the Cultural Impact Assessment for a Proposed Plan Change and Coastal Subdivision at Claverley. The CIA addresses a proposed coastal subdivision in a coastal area with a long history of Maori land use and occupancy.

See Frequently Asked Questions on Cultural Impact Assessments for more information.

Public education

An important mechanism to manage coastal land development issues is public education as this can raise awareness of coastal development issues and impacts. Public education of coastal property owners is particularly important given that a third of New Zealand 's coast is in private ownership.

Effective education may result in community 'buy in ' to implementation measures, 'empower ' people to adopt better coastal management practices, and ultimately result in less intervention being required from local authorities. For example, education may encourage landowners to manage coastal hazard risk by dune planting and rehabilitation. Public education is also helpful to ensure people are aware of acceptable behavior on public coastal land, such as not walking on sensitive dunes or driving on the beach.

Community approaches and joint initiatives

Community based approaches and joint initiatives can be a useful "bottom-up" method to manage coastal development impacts.  Many of these initiatives have been successfully implemented including various dune care (coast care) groups that are driven by community participation, with help from local or central government.

Community-based Dune Management for the Mitigation of Coastal Hazards and Climate Change Effects: A Guide for Local Authorities states for any community based approach to coastal management it is essential for the community and other relevant stakeholders to be encouraged to accept responsibility for environmental management issues, including developing and implementing appropriate management actions. Communities then take ownership of coastal management issues and statutory agencies can be less focused on regulation and more focused on facilitating the community stakeholders to take coastal management actions.

Te Korowai o Te Tai o Marokura (the Kaikoura Coastal Marine Guardians) is a good example of a community approach to coastal management. Te Korowai was established in 2005 on the initiative of the hapu Ngati Kuri, and brings together members of the local community and representatives from central and local government to share in the role of kaitiaki (guardians) of the coastal environment. The group has prepared a characterisation report 'Kaikoura Coastal Marine Values and Uses ' and is developing an Integrated Coastal Management Strategy to manage Te Tai o Marokura (the Kaikoura Coastal Marine Area).

An example of a joint initiative is the Joint Council - Tangata Whenua Wastewater Committee, formed by the Hastings District Council and tangata whenua when obtaining resource consent for the Hastings wastewater treatment plan. The council and tangata whenua worked together to develop a wastewater treatment and disposal system that achieved the engineering and financial criteria of the council and addressed the cultural concerns of tangata whenua. The committee successfully adapted the usually conflicting concerns of both parties into a forum where both worked side by side to develop a solution. This work is articulated in the document a new configuration for Wastewater Treatment.

The Southland Coastal Heritage Inventory Project provides a good example of a collaborative approach between the Historic Places Trust, Environment Southland, the Department of Conservation's Southland Conservancy, the New Zealand Archaeological Association, the University of Otago and local papatipu runanga to identify important archaeological and historical sites. The aim is to use the Coastal Heritage Inventory to update the sites listed in the regional coastal plan, the Southland District Plan and the Invercargill City Council Plan.

Technical assessments

Technical assessments can be undertaken to assess special features in the region or district such as outstanding and significant landscapes, natural character or sites of importance to tangata whenua. These may also be undertaken to assess the values associated with a particular area that may be facing development pressures. These assessments are usually made into reports and the identified features and areas can subsequently be incorporated into regional or district plans through schedules, maps or zones. For example:

Design guidelines

Design guides are a useful method to manage the specific effects from coastal land development and use. The Kapiti Coast District Council has developed a comprehensive Best Practice Subdivision Design Guide where developers are encouraged to look beyond the minimum standards and consent requirements of the district plan to explore opportunities that deliver improved community environments - both now and into the future.

Design guidelines can manage the effects of coastal land development by requiring proposals to address the impacts on particular aspects of the coastal environment. For example, Kapiti Coast District Council's Subdivision Design Guide includes specific criteria relating to coastal landforms, the need for coastal development to respond to the existing ecology and its protection, coastal hazards, and the maintenance of public access.

Land acquisition

Land that is not in public ownership may be acquired and set aside as a mechanism to maintain or enhance public access, natural character and open space in developing coastal areas. This tool may become more necessary in rapidly developing areas, such as Auckland and the Bay of Plenty. For example, the Auckland Regional Council has developed a Regional Parks network over several decades after a need to secure key areas of land for public parks was identified. This park network has helped to prevent the vulnerability of coastal land to subdivision and the loss of public access to the coast in key locations.

Although councils have the ability to acquire land through the Public Works Act 1981, councils very seldom use compulsory land acquisition. The favoured approach is to try to negotiate with landowners to obtain land, or obtain land, such as esplanade reserves, when considering subdivision proposals. See the Esplanade Reserves Guidance Note for more information.

The Department of Conservation 's contestable Nature Heritage Fund for protecting indigenous ecosystems provides the finance and negotiates the purchase of areas in need of protection for its clients. The fund also contributes to purchases made by local authorities or other agencies prepared to manage areas as reserves under the Reserves Act 1977.

Asset management plans

Asset management plans are developed to meet the functional requirements of assets and infrastructure. They are generally prepared by local authorities and network utility providers, and specify levels of service and performance measures for infrastructure. Asset management plans may be used to plan for growth in the coastal environment and pressures on infrastructure and discharges (eg, a stormwater network). Asset management plans can also be used to plan for recreational facilities near the coast such as boat ramps and reserves.

Financial incentives

Financial incentives are means of monetary support that encourage or motivate people to do certain things. Examples of financial incentives include the provision of funding for private protection or restoration works, such as heritage or biodiversity funds, and rates relief. For example, the Department of Conservation 's Nga Whenua Rahui Fund is a contestable fund that provides funding for the protection of indigenous ecosystems on Maori land.  Many councils also have biodiversity funds, such as Tasman District Council's Biodiversity Condition and Advisory Fund, which is targeted at areas of indigenous vegetation, species and habitats outside public conservation lands.

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