Coastal Restoration Trust of New Zealand

Coastal Dune Ecosystem Reference Database

Managing existing uses in areas at high risk from natural hazards: an issues paper Technical Report

Author
Grace, E.; France-Hudson, B.; Kilvington, M.
Year
2018
Journal / Source
GNS Science miscellaneous series
Publisher / Organisation
Lower Hutt (NZ): GNS Science
Volume
119
Pages
10
Summary
This issues paper sets out the initial findings of a research project examining the management of existing uses in areas at high risk from natural hazards. Planning and legal issues with the current regime under the Resource Management Act 1991 (RMA) are examined, within the wider context of social and organisational issues where managed retreat is being considered. While the RMA allows regional rules to manage existing uses, there are only three examples of regional planning documents that actually do this. Why so few? The entrenchment of existing use ‘rights’ at the district level by section 10 of the RMA appears to be a contributing factor, along with the power to manage existing uses sitting with a level of government that does not usually deal with land use issues. The issues paper sets out the planning and legal areas of investigation, and the key questions the research intends to answer including: what needs to happen so existing uses can be more readily managed under the RMA and what difference would clarity on these matters make to Councils, communities and practitioners for managing existing uses. (auth)