Managing the coastalenvironment under the RMA           Raewyn Peart        Senior Policy Analyst    Environmental Defence...
Introduction to EDS           Incorporated society           established in 1971           Comprises resource           ma...
www.rmaguide.org.nz       www.eds.org.nz   3
Community Guides      www.eds.org.nz   4
Environmental Think Tank          www.eds.org.nz   5
Forthcoming releases                            Oceans Institutions Policy                            Paper               ...
Forthcoming Events    EDS University  Environmental Essay      Competition                        7
SECTION 1: THE COAST ANDDEVELOPMENT PRESSURES
The New Zealand Coast: Before human              contact                                        Coastline                 ...
The New Zealand Coast: After human             contactFundamentally changed but the new rural landscapes     are strongly ...
Coastal holiday homes started to be built in NZ               during the 1890s
Baby boomers spent summer holidays at thebeach in small baches tucked behind beaches                          Tutukaka Coa...
Different styles of baches
The 1990s brought a very different style of holiday       home with much greater impacts
Houses are much larger                         Craig Potton
They are located in more prominent             positions                             Manganes                             ...
With an exponential increase in holiday               homes          Number of holiday homes between 1926 and 2006120,0001...
The greatest pressure is on the east coast of         the northern North Island            Number of unoccupied dwellings ...
As a result small holiday settlements have              grown - Tairua
We have seen new types of settlements    High end resorts - Omaha (Craig Potton)
Canal developments                     Craig Potton
Rural-residential – Takau Bay, Northland                   coast                                Craig Potton
High-rise – Mount Maunganui
SECTION 2: IMPACTS OFDEVELOPMENT ON THE COAST
Encroachment onto headlands and            ridges
Expansion up ridges and  backdrop hillsides
Grid-like settlement design – Langs Beach
Houses dominating the coastal edge – Manly Beach,    Whangaparaoa (Rodney District Council)
Coastal SprawlWhangaparaoa Peninsula – where the rest of the         Northland coast is headed?                   Craig Po...
Loss of camping grounds
Increase in gated communities
The overall result is loss of natural character,  natural coastal landscapes and coastal                  wilderness      ...
SECTION 3:LEGAL AND POLICY       FRAMEWORK
Section 6 RMA – matters of national           importance►   The preservation of the natural character of the    coastal en...
But what is “inappropriate development”    Dictionary definition (Concise Oxford) ►“Inappropriate” – Not suitable or appro...
Is this inappropriate development?
Is this inappropriate    development?
New policyprovides greater   direction on  implementingsection 6 matters
Policy 1: Coastal environment includes:•   Coastal marine area (MHWS to 12nm) and islands•   Where coastal processes, infl...
Policy 1: Extent and characteristics of the           coastal environment
Landward extent of coastal environmentneeds to be identified      in plans  This is to provide  clarity on where  section ...
Policy 13(2): Attributes of natural characterNot the same as natural features and landscapes or amenity values. Mayinclude...
Policy 13: Attributes of natural character   Human perception and values                                 e.g. natural move...
What is high natural character?THIS       NOT THIS
Requirements to protect natural         character (policy 13)► “Avoid” adverse effects in areas with  “outstanding natural...
Promote restoration or rehabilitation of natural             character - Policy 14                     www.eds.org.nz     ...
Policy 15: Protecting coastal landscapes► “Avoid” adverse effects on outstanding  natural landscapes (ONLs) – will be test...
Strategic Planning – Policy 7 (helps address             cumulative effects)                  When preparing RPSs and plan...
Means no development at places like this –          New Chums Beach?
Careful location and design in areas which are                   developedTHIS       NOTTHIS
Addressing cummulative effects :‘Death by a             thousand cuts’  ►   One or two houses may be fine – the natural   ...
Death by a thousand cuts!                                  But as more are                                       gradually...
Roads and driveways can have more visual          impact than houses                 www.eds.org.nz            53
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Coastal law lecture 2013 part 1

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Coastal management in New Zealand under the Resource Management Act 1991
including protection of natural character, coastal landscapes, biodiversity, coastal hazards, surf breaks, sedimentation and strategic planning

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  • Mainstream. Work within the system. Work collaboratively. Initiated the Land and Water Forum to address freshwater managemetn issues in a collaborative manner. Recently held a symposium in the Mackenzie Basin to kickstart a collaborative process there. We partner with business, government and other NGOs
  • Include freshwater
  • A very ecologically devastated landscape. But of great value to New Zealanders. They are the coastal landscapes that New Zealanders have grown up with. One of the reasons, in my view, why coastal management has been so problematic under the RMA, is that the RMA gave more emphasis to ecological issues (rightly so) and landscape 9or human asosciations with the land, such as landscapes, has been given less attention
  • New Zealanders are a coastal people and have a long history of enjoying the coast. The 1890s saw the building of the first coastal holiday homes, which were weekend retreats for working men. They later became family holiday homes. But Europeans did not generally swim or sunbathe. Swimming took off in the 1910s and sunabthing in the 1920s.
  • An alternative or addition to intensification of coastal settlements is expansion. This can be a positive choice as it can direct development to areas already compromised by existing development. However if poorly managed it can result in ribbon development along the coastal edge, encroachment onto headlands and ridges, increased runoff into marine areas and increased areas subject to natural coastal hazards.
  • Turning first to natural character, although not defined in the RMA or the NZCPS it is thought to consist of three main elements: Natural processes which produce natural elements. The distribution of these natural elements over an area forms natural patterns.
  • Natural character is to be ‘preserved’ under the RMA which means maintaining it in its existing state. However case law has indicated that not all natural character is to be protected. It will be most highly preserved where the coastal environment is predominantly natural and free from human influences (photo on left). Development can impact on natural character in many ways (page 45) See handout for what plans can contain and what development design can incorporate to help preserve or enhance natural character
  • Natural character is to be ‘preserved’ under the RMA which means maintaining it in its existing state. However case law has indicated that not all natural character is to be protected. It will be most highly preserved where the coastal environment is predominantly natural and free from human influences (photo on left). Development can impact on natural character in many ways (page 45) See handout for what plans can contain and what development design can incorporate to help preserve or enhance natural character
  • Coastal law lecture 2013 part 1

    1. 1. Managing the coastalenvironment under the RMA Raewyn Peart Senior Policy Analyst Environmental Defence Society
    2. 2. Introduction to EDS Incorporated society established in 1971 Comprises resource management professionals Not for profit with approved charitable status Works collaboratively 2
    3. 3. www.rmaguide.org.nz www.eds.org.nz 3
    4. 4. Community Guides www.eds.org.nz 4
    5. 5. Environmental Think Tank www.eds.org.nz 5
    6. 6. Forthcoming releases Oceans Institutions Policy Paper Revised Coastal Guide Dolphin Encounters : Exploring human interactions with dolphins in New Zealand Follow EDS on Facebook and/or Twitter @Raewyn Peart to receive alerts and updatesLaunch, Auckland 29 April
    7. 7. Forthcoming Events EDS University Environmental Essay Competition 7
    8. 8. SECTION 1: THE COAST ANDDEVELOPMENT PRESSURES
    9. 9. The New Zealand Coast: Before human contact Coastline mostly forested with extensive wetlands and dunelands Bruce Bay, Westland (Craig Potton)
    10. 10. The New Zealand Coast: After human contactFundamentally changed but the new rural landscapes are strongly valued by New Zealanders
    11. 11. Coastal holiday homes started to be built in NZ during the 1890s
    12. 12. Baby boomers spent summer holidays at thebeach in small baches tucked behind beaches Tutukaka Coast, Craig Potton
    13. 13. Different styles of baches
    14. 14. The 1990s brought a very different style of holiday home with much greater impacts
    15. 15. Houses are much larger Craig Potton
    16. 16. They are located in more prominent positions Manganes e Point, Whangarei Craig Potton
    17. 17. With an exponential increase in holiday homes Number of holiday homes between 1926 and 2006120,000100,000 80,000 60,000 40,000 20,000 0 26 46 66 30 34 38 42 50 54 58 62 70 74 78 82 86 90 94 98 02 06 19 19 19 19 19 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 20
    18. 18. The greatest pressure is on the east coast of the northern North Island Number of unoccupied dwellings for selected districts 1996, 2001 and 2006 Kapiti Coast Marlborough Queenstown Lakes Whangarei 1996 2001 Far North 2006 Taupo RodneyThames Coromandel 0 2,000 4,000 6,000 8,000 10,000 12,000 Number of Dwellings
    19. 19. As a result small holiday settlements have grown - Tairua
    20. 20. We have seen new types of settlements High end resorts - Omaha (Craig Potton)
    21. 21. Canal developments Craig Potton
    22. 22. Rural-residential – Takau Bay, Northland coast Craig Potton
    23. 23. High-rise – Mount Maunganui
    24. 24. SECTION 2: IMPACTS OFDEVELOPMENT ON THE COAST
    25. 25. Encroachment onto headlands and ridges
    26. 26. Expansion up ridges and backdrop hillsides
    27. 27. Grid-like settlement design – Langs Beach
    28. 28. Houses dominating the coastal edge – Manly Beach, Whangaparaoa (Rodney District Council)
    29. 29. Coastal SprawlWhangaparaoa Peninsula – where the rest of the Northland coast is headed? Craig Potton
    30. 30. Loss of camping grounds
    31. 31. Increase in gated communities
    32. 32. The overall result is loss of natural character, natural coastal landscapes and coastal wilderness Ocean Beach, Whangarei Heads, Craig Potton
    33. 33. SECTION 3:LEGAL AND POLICY FRAMEWORK
    34. 34. Section 6 RMA – matters of national importance► The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development (s6(a))► The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development (s6(b))► The maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers (section 6(d))
    35. 35. But what is “inappropriate development” Dictionary definition (Concise Oxford) ►“Inappropriate” – Not suitable or appropriate ►“Appropriate” – suitable, proper ►“Suitable” – right or appropriate for a particular person, purpose or situation
    36. 36. Is this inappropriate development?
    37. 37. Is this inappropriate development?
    38. 38. New policyprovides greater direction on implementingsection 6 matters
    39. 39. Policy 1: Coastal environment includes:• Coastal marine area (MHWS to 12nm) and islands• Where coastal processes, influences or qualities are significant• Areas at risk from coastal hazards• Coastal vegetation and habitat of indigenous coastal species• Elements and features that contribute to natural character and landscape• Cultural and historic heritage• Inter-related coastal marine and terrestrial systems e.g. inter- tidal zone• Built structures which have modified the coastal environment
    40. 40. Policy 1: Extent and characteristics of the coastal environment
    41. 41. Landward extent of coastal environmentneeds to be identified in plans This is to provide clarity on where section 6(a) and NZCPS 2010 provisions apply www.eds.org.nz 41
    42. 42. Policy 13(2): Attributes of natural characterNot the same as natural features and landscapes or amenity values. Mayinclude:•Natural elements, processes and patterns•Biophysical, ecological, geological and geomorphological aspects•Natural landforms – headlands, peninsulas, cliffs, dunes, wetlands, reefs,freshwater springs, surf breaks•Natural movement of water and sediment•Natural darkness of the night sky•Places and areas that are wild or scenic•From pristine to modified•Experiential attributes including the sounds and smell of the sea; and theircontext or setting www.eds.org.nz 42
    43. 43. Policy 13: Attributes of natural character Human perception and values e.g. natural movement of NATURAL PROCESSES sediments, water, air and living organisms e.g. landforms, water bodies NATURAL ELEMENTS and vegetation e.g. components of NATURAL PATTERNS landscapes and seascapes
    44. 44. What is high natural character?THIS NOT THIS
    45. 45. Requirements to protect natural character (policy 13)► “Avoid” adverse effects in areas with “outstanding natural character”► “Avoid significant adverse effects” and A, R or M other adverse effects on natural character in other areasREQUIRES identification of at least areas of high natural character in plans
    46. 46. Promote restoration or rehabilitation of natural character - Policy 14 www.eds.org.nz 46
    47. 47. Policy 15: Protecting coastal landscapes► “Avoid” adverse effects on outstanding natural landscapes (ONLs) – will be tested in King Salmon case► “Avoid significant adverse effects” and A, R or M other adverse effects on other natural coastal landscapesREQUIRES mapping or other identification of at least ONLs
    48. 48. Strategic Planning – Policy 7 (helps address cumulative effects) When preparing RPSs and plans, councils must: •Consider where, how and when to provide for urban development and other activities in the coastal environment •Identify areas where particular activities and forms of subdivision and development is inappropriate AND provide them with protection through objectives, policies and rules 48
    49. 49. Means no development at places like this – New Chums Beach?
    50. 50. Careful location and design in areas which are developedTHIS NOTTHIS
    51. 51. Addressing cummulative effects :‘Death by a thousand cuts’ ► One or two houses may be fine – the natural character and landscape is still dominant ... www.eds.org.nz 51
    52. 52. Death by a thousand cuts! But as more are gradually constructed ……the builtenvironment dominates www.eds.org.nz 52
    53. 53. Roads and driveways can have more visual impact than houses www.eds.org.nz 53

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