Property loss due to coastal erosion: judicial, legislative and policy interventions Journal Paper
- Author
- Strack, M.
- Year
- 2010
- Publisher / Organisation
- University of Otago
- Pages
- 1093-1104
- Keywords
- Coastal defences, erosion, managed retreat
- Summary
- Ownership and management of the coastal margin are contested. Climate change is inducing sea level rise and increased frequency and severity of storm events. These processes are likely to put more coastal property at risk from erosion. Case law, legislation and central and local government policy in New Zealand support the general concepts of promoting the natural character of coastal land; recognising that land is not permanent and that the sea may take land; avoiding attempts to build structures against the sea; and preventing inappropriate development. However, demand for coastal property and the increasing value attaching to that property suggest that these concepts are contrary to the expectations of land owners. Local authorities are pressured to protect the property interests of their citizens, but also expected to make cost effective decisions about spending income wisely. There is central government support for implementing a policy of managed retreat, and there is strong economic logic to resist the costs of coastal defence. But inevitably, local communities are demanding continued protection, and preferably at government expense. This paper introduces some background legal issues and then discusses how law and policy is being implemented to manage the competing demands on private and public coastal land. The conflict is being played out in many coastal communities, and has not been satisfactorily resolved.