Coastal consultants, Tonkin and Taylor Limited, completed a hazard assessment of the Hawke’s Bay coastline in 2004. That report is part of ongoing work by the Regional, and District and City Councils to identify and gather information on natural hazards (including earthquake, floods, and volcanic ash, as well as coastal hazards) with the potential to affect the Hawke’s Bay community.
This FAQ page assists the owners of properties potentially affected by this work by providing some answers to common questions they may have.
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Q. Why did the Councils decide to do a coastal hazard assessment?
A. A number of storm events over recent years have reinforced earlier awareness of the erosion and inundation threats to parts of our coastline. In order to identify the risk to human life and property, Councils need to better understand the coastal areas that are most likely to be under threat over the next one hundred years.
Having regard to the Resource Management Act, the Building Act and the Civil Defence Emergency Management Act, the Councils need to identify hazards within their area, make people aware of the areas of high hazard risk, and implement policies and methods to avoid, mitigate and remedy effects of such hazards.
Q. Why are there three hazard lines?
A. Coastal erosion risks have been identified for three time periods - current risk, risk as at 2060, and risk as at 2100. These periods have been chosen to enable Councils to identify immediate risks as well as medium and long-term risks. The area seaward of the 2100 hazard line is called a coastal hazard area.
Q. What does this initially mean for owners of property in the coastal hazard area?
A. Now that the coastal hazard area has been identified, District and City Councils are required to note the presence of any coastal hazard area on your property in any Land Information Memorandum (LIM) or Property Information Memorandum (PIM) requested on your property.
Q. How will the noting of a “coastal hazard area” on the LIM report affect the value of my property?
A. A LIM report documents the information that your District or City Council has about your property. A PIM serves a similar function for building consent purposes. The market will determine the value of your property. Any perceived risk associated with a coastal hazard is only one factor that may possibly influence its value. Many beachfront properties in other parts of New Zealand are within coastal hazard areas and this is noted on their property file with their District or City Council.
The Regional Council has recently released the Proposed Hawke's Bay Regional Coastal Environment Plan. In that proposed plan, rules restrict a range of land use activities within the coastal hazard area. Potential purchasers may view those restrictions as affecting the value of property within the coastal hazard area.
Q. How do I find out if I am directly affected?
A. Notices were sent to affected property owners in early 2004 outlining the coastal hazard assessment, the report along with an information sheet similar to this FAQ. New or prospective owners of coastal property can contact Lisa McGlinchey (06) 833-8084 or Gavin Ide (06) 833-8077 at the Regional Council to find out if a property is within the coastal hazard area.
Q. Can I construct a new building on property I own within the coastal hazard area?
A. The District or City Council under section 72 of the Building Act must refuse to grant a building consent for new buildings or major alterations to buildings on land likely to be subject to erosion or inundation unless that Council is satisfied that adequate provision has been made to protect the land or building work or that the building work will not accelerate, worsen or result in erosion. In the latter situation an entry must be made on the property title.
The recently released Proposed Regional Coastal Environment Plan includes rules restricting a range of land use activities within coastal hazard areas. Most additions, external alterations and new buildings will require a resource consent. These restrictions are in addition to requirements under the Building Act and Building Code. Maintenance, repair and internal alteration works are generally permitted within the coastal hazard area.
Q. I own some land within the coastal hazard area. Can I subdivide?
A. The subdivision proposal will have to meet the requirements of section 106 of the Resource Management Act and the existing District and Regional Plans. The District or City Council from which you will need approval to subdivide, will consider the hazards that the land is at risk from when it assesses your subdivision application, and determine whether a consent should be granted.
Q. I live in a coastal hazard area. Will I be able to still do renovations on my house?
A. Most houses will have existing land use rights under the RMA. However, any renovation proposal will need to be scrutinised by your District or City Council to check that the proposal in fact falls within existing land use rights. It will also be necessary to check for compliance against section 36 of the Building Act as this section applies to major alterations.
The recently released Proposed Regional Coastal Environment Plan includes rules restricting a range of land use activities within coastal hazard areas. Most additions, external alterations and new buildings will require a resource consent. These restrictions are in addition to requirements under the Building Act and Building Code. Maintenance, repair and internal alteration works are generally permitted within the coastal hazard area.
Q. My property is in a coastal hazard area. Do I have to move?
A. Not at present. But if there are serious problems in the future and your house becomes uninhabitable, you may be forced to move.
Q. How is the insurance on my property affected?
A. Insurance companies assess any actual or potential increased risk when renewing insurance on individual properties. In the interim you should refer to your insurance policy to see if your insurer requires you to advise them that your property is in a coastal hazard area. If in doubt you should discuss these issues with your insurer. At the time of renewal, it would be prudent to disclose the existence of the coastal hazard area to your insurer.
Q. My property is in the hazard area. Am I liable if I on-sell the property and new erosion occurs?
A. Not unless you have made an incorrect representation about the coastal hazard area to your purchaser, or you have failed to make a disclosure required by your contract, or you have otherwise breached some relevant term of your contract.
Q. We have physical protection on our sea front. Will that continue to be maintained?
A. The current policy of Councils is to continue to maintain physical protection works where it has been constructed and is presently maintained by a District, City or the Regional Council. Such policies are however always open to review and may change in the future.
Q. Are the Councils going to build new protection in threatened areas?
A. No, the Regional Council’s existing policy is not to initiate new hard engineering coastal protection works, but to continue to maintain works where the Regional Council has already established these. The Council may consider on a case by case basis facilitating a range of coastal management options, but the preference is to avoid any hard engineering solutions.
District and City Councils may consider whether or not to initiate new coastal protection works on a case by case basis. Most coastal protection works will require prior planning approval (resource consent) before being constructed or implemented, regardless of who undertakes the works.
Q. Can I do work to protect my property?
A. There is no absolute right to undertake protection work to protect any property. Many types of coastal protection work will require resource consents. If you are considering work to protect your property you should consult your District or City Council and Regional Council.
Q. If the Councils do further protection works, who pays? Will I be expected to contribute?
A. This is a matter which would need to be determined on a project by project basis and it would need to go through the decision making processes under the Local Government Act 2002. Funding is however likely to come from Councils as well as affected property owners who will individually benefit from the protection work.
Q. How can I get a copy of the report?
A. The report “Hawke’s Bay Regional Council – Regional Coastal Hazard Assessment” is in three volumes each of which is available from the Hawke’s Bay Regional Council. There will be a charge to cover the cost of printing:
- Volume I – Assessment $35.00
- Volume II – Summaries for Local Communities $75.00 (in colour)
- Volume III – Beach Profile Data Analysis $45.00
An electronic copy is also available on this website. You should note, however, that several of the downloadable Adobe Acrobat files are large and that they may be too big for most household computers and internet connections to handle. Hardcopies can also be viewed at the offices of your District or City Council, the Napier office of Hawke’s Bay Regional Council, and at your local library.
Q. If I want more information, whom do I contact?
A. Contact your District or City Council, who will explain the District Plan rules, or Hawke’s Bay Regional Council for further information on this report and the Proposed Regional Coastal Environment Plan.
If you have any further queries, please contact Gavin Ide (06 833-8077) at the Hawke’s Bay Regional Council.