Environment, Heritage, and Natural Hazard Management
Scope
This domain tests the management of natural hazards, heritage and the environment through planning instruments and consent conditions. Expect RMA s 6, the NZ Coastal Policy Statement, national environmental standards, heritage orders and the HNZPT Act.
Core rules
- RMA s 6(h) requires recognition and provision for the management of significant risks from natural hazards. Not every hazard reaches the threshold; the risk must be significant. Section 6(f) protects historic heritage.
- The Heritage New Zealand Pouhere Taonga Act 2014 requires an archaeological authority to modify or destroy an archaeological site, whether or not the site is recorded. Heritage orders under RMA ss 187–198 are a separate protection tool.
- National environmental standards address matters such as contaminated land, freshwater and air quality. A NES can prohibit an activity or set standards that override plan rules, so check the NES before applying a plan rule.
- Hazard management uses avoidance, mitigation and managed retreat. District plans may use overlays, minimum floor levels, setback rules and risk-based consent triggers.
Worked example
Earthworks are proposed on land beside a river and within a pre-1900 settlement area. The planner checks the district plan hazard overlay and the flood modelling. The activity is discretionary because of the flood risk. A HNZPT archaeological authority is also required before earthworks. Conditions require a sediment control plan, an accidental discovery protocol and a pre-works archaeological survey. The planner documents that s 6(h) and s 6(f) have been addressed.
Traps
Treating every natural hazard as a s 6(h) matter; confusing hazardous substances with natural hazards; assuming a heritage listing is needed before the HNZPT Act applies; and missing a relevant NES.