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From: 

Kia ora 

 

Thank you for reaching out to the Far North District Council.

 

Your request has been forwarded to our legal Team for action and response.

 

Should you need to follow up on this matter, please use reference number
RFS-[4251070].

 

If your matter is urgent, you can contact our Contact Centre at 0800 920
029, which operates 24 hours a day.

 

Nga mihi,
Marilyn 

Ask Us Customer Services Team

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This is an automated reply.
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Sent: Friday, May 9, 2025 10:54 AM

To: [Far North District Council request email]

Subject: Official Information request - Mitigation of Natural Hazards

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CAUTION: This email originated from outside Far North District Council.
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Dear Far North District Council,

Under the current District plan section 12.4

It quotes Under the Act, both the Northland Regional Council and the Far
North District Council have responsibilities to avoid or mitigate the
effects of natural hazards. Having discussed their respective
responsibilities, it has been agreed that the Regional Council will
concentrate on risks of regional significance, principally coastalerosion,
flooding in major catchments, and drought, whereas the District Council
will focus on more localised erosion, flooding, land instability and
subsidence threats.

In regards to your responsibilities under the district plan for localised
risks, how many affected properties have you assessed and what actions
have you taken to mitigate the effects of localised flooding on these
affected properties.

Yours faithfully,

Gary Whitehead

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Requester

By email only to: [1][FOI #30935 email]

 

 

Tēnā koe,

 

Official information request: RFS 4251070

 

Thank you for your new information request to the Far North District
Council (‘Council’) received on 9 May 2025.  This request has been
considered in accordance with the provisions of the Local Government
Official Information and Meetings Act 1987 (the ‘LGOIMA’).

 

Your request

“Under the current District plan section 12.4

 

It quotes Under the Act, both the Northland Regional Council and the Far
North District Council have responsibilities to avoid or mitigate the
effects of natural hazards. Having discussed their respective
responsibilities, it has been agreed that the Regional Council will
concentrate on risks of regional significance, principally coastalerosion,
flooding in major catchments, and drought, whereas the District Council
will focus on more localised erosion, flooding, land instability and
subsidence threats.

 

In regards to your responsibilities under the district plan for localised
risks, how many affected properties have you assessed and what actions
have you taken to mitigate the effects of localised flooding on these
affected properties.”

 

Council’s response

Please find below, Council’s response to your query regarding Council’s
responsibilities under the current or Operative District Plan (‘DP’)
regarding localised flooding risks.

It is important to note that the request is based on several sentences
quoted in isolation from the Commentary on Chapter 12 of the District
Plan- 12.4 NATURAL HAZARDS. This limited reading, has been taken out of
its full context and appears to have led to an incorrect interpretation of
the DP and Council’s role.

 

The DP is a Plan that “sets effects-based parameters which allow people to
more freely exercise land use choices and plan for the future with
reasonable security”.  It informs of the standards that need to be met for
a proposed activity - that is, in respect of Natural Hazards and localised
flooding - for the management of  future land-use and development in
flood-prone areas in the District. The DP states “Guarding against the
effects of natural hazards is an individual as well as a Council
responsibility. The Council has exercised this responsibility by sourcing
information about hazards and using this information as the basis for the
controls in the Plan.” (emphases added).

 

Please refer [2]12-natural-and-physical-resources-full-chapter-for-oc.pdf 
The sentence quoted from the Commentary goes on to read “whereas the
District Council will focus on more localised erosion, flooding, land
instability and subsidence threats. In the latter regard, rules relating
to the use of hazard prone land are to be incorporated into the District
Plan. This approach is seen as the most appropriate, given the District
Council’s duties under the Building Act 2004 to control the erection of
buildings on hazard prone land through the building consent process (refer
to s21/2 of the Regional Policy Statement for Northland). Accordingly,
areas known to be at risk from coastal hazards have been identified on the
Coastal Hazard maps (Maps CH 1 - 17) and suitable rules adopted to ensure
that these risks are avoided or mitigated (Objectives 12.4.3.1, 12.4.3.2,
12.4.3.4 and 12.4.3.6; Policies 12.4.4.1, 12.4.4.2, 12.4.4.4 and 12.4.4.6;
and Methods 12.4.5.1, 12.4.5.2, 12.4.5.3, 12.4.5.4, 12.4.5.7, 12.4.5.8,
12.4.5.9 and 12.4.5.10).” Please refer
[3]12-natural-and-physical-resources-full-chapter-for-oc.pdf for these
Objectives, Policies and Methods – although some are set out below for
convenience.

 

“Areas susceptible to flooding are identified on the Council’s hazard
register. This means that the information is made available as part of a
request for a Land Information Memorandum (LIM). The information is also
used by the Council when checking a building consent application (Method
12.4.5.10)”.

“12.4.1.6  The objective of publishing these indicative maps is to alert
people to a potential hazard, enabling any decisions on the development or
use of the land to be made having due regard to the risks involved.”

 

12.4.3 OBJECTIVES include:

“12.4.3.2 To ensure that development does not induce natural hazards or
exacerbate the effects of natural hazards.

12.4.3.5 To improve public awareness of natural hazards as a means of
helping people to avoid them.

12.4.3.6 To take into account reasonably foreseeable changes in the nature
and location of natural hazards.”

 

12.4.4 POLICIES include:

“12.4.4.5 That information on known natural hazards be made available in
order that the public can make informed resource management decisions.

12.4.4.6 That the adverse effects on people, property and the environment
from coastal hazards in Coastal Hazard Areas, as identified by the
Northland Regional Council, are avoided.

12.4.4.8 That the location, intensity, design and type of new coastal
subdivision, use and development be controlled so that the need for hazard
protection works is avoided or minimised.

12.4.5.9 The Council will jointly establish a monitoring programme with
Northland Regional Council to monitor both the effects of identified
natural hazards and the effectiveness of policies applying to Coastal
Hazard Areas aimed at reducing risk to life, property and the environment
within such Areas.”

 

In summary, Council’s responsibilities in respect of threats of localised
flooding are met through the Natural Hazard provisions in the DP. These
seek to help land users and developers avoid or mitigate such risks in
proposed activity via the DP’s Objectives, Policies and Methods. 

 

It is also worth noting that the DP aligns with Council’s approach and
commitment to supporting long-term community wide solutions and resilience
to threats posed by Natural Hazards in the District. For example, through
Council’s community adaptation programme (Stage Two – Kaeo 2027), the
Climate Action Policy and the Te Tai Tokerau Climate Adaptation Strategy.

 

By focusing on district and community-level climate adaptation planning
and flood risk management strategies, Council can manage hazard risks for
a larger area, ensuring that its efforts have a more significant and
lasting impact, and are fiscally prudent. The emphasis on such long-term
resolution provides a framework for consistent decision-making, fostering
fairness and transparency. 

 

Regardless of the above, as you are likely aware, Council is currently in
the process of replacing its current Operative District Plan with a new
Proposed District Plan. This is in the final stages of hearings. Please
refer to [4]Proposed district plan | Far North District Council

 

Further, you may also know that the New Zealand government is undertaking
a major reform of the Resource Management Act (RMA) including in respect
of Natural Hazards. Council is watching this closely and will respond as
required under any new legislation.

 

Thank you for your enquiry. It is hoped the above response addresses your
query with its wider contextual consideration of Natural Hazards under the
current Operative District Plan.

 

Nāku noa, nā

   
 
 
 
Te Kaunihera o Te Hiku o te Ika  |  Far
North District Council
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