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Managing the coastal
environment under the RMA

           Raewyn Peart
        Senior Policy Analyst

    Environmental Defence Society
Introduction to EDS
           Incorporated society
           established in 1971
           Comprises resource
           management
           professionals
           Not for profit with
           approved charitable
           status
           Works collaboratively
                                   2
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

                            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 updates

Launch, Auckland 29 April
Forthcoming Events




    EDS University
  Environmental Essay
      Competition
                        7
SECTION 1: THE COAST AND
DEVELOPMENT PRESSURES
The New Zealand Coast: Before human
              contact




                                        Coastline
                                         mostly
                                      forested with
                                        extensive
                                      wetlands and
                                       dunelands




 Bruce Bay, Westland (Craig Potton)
The New Zealand Coast: After human
             contact




Fundamentally changed but the new rural landscapes
     are strongly valued by New Zealanders
Coastal holiday homes started to be built in NZ
               during the 1890s
Baby boomers spent summer holidays at the
beach in small baches tucked behind beaches




                          Tutukaka Coast, Craig Potton
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
                              e Point,
                             Whangarei




                              Craig Potton
With an exponential increase in holiday
               homes
          Number of holiday homes between 1926 and 2006


120,000

100,000

 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
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

          Rodney

Thames Coromandel


                      0   2,000   4,000    6,000      8,000   10,000   12,000
                                     Number of 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 OF
DEVELOPMENT 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 Sprawl




Whangaparaoa Peninsula – where the rest of the
         Northland coast is headed?
                   Craig Potton
Loss of camping grounds
Increase in gated communities
The overall result is loss of natural character,
  natural coastal landscapes and coastal
                  wilderness




                              Ocean Beach, Whangarei
                                  Heads, Craig Potton
SECTION 3:LEGAL AND POLICY
       FRAMEWORK
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))
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
Is this inappropriate development?
Is this inappropriate
    development?
New policy
provides greater
   direction on
  implementing
section 6 matters
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
Policy 1: Extent and characteristics of the
           coastal environment
Landward extent of
 coastal environment
needs 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
Policy 13(2): Attributes of natural character

Not the same as natural features and landscapes or amenity values. May
include:
•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 their
context or setting
                                     www.eds.org.nz                             42
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
What is high natural character?




THIS
       NOT THIS
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 areas
REQUIRES identification of at least areas of high
  natural character in plans
Promote restoration or rehabilitation of natural
             character - Policy 14




                     www.eds.org.nz            46
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 landscapes
REQUIRES mapping or other identification of
 at least ONLs
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
Means no development at places like this –
          New Chums Beach?
Careful location and design in areas which are
                   developed




THIS
       NOT
THIS
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
Death by a thousand cuts!

                                  But as more are
                                       gradually
                                   constructed …




…the  built
environment
 dominates
                 www.eds.org.nz                 52
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

  • 1. Managing the coastal environment under the RMA Raewyn Peart Senior Policy Analyst Environmental Defence Society
  • 2. Introduction to EDS Incorporated society established in 1971 Comprises resource management professionals Not for profit with approved charitable status Works collaboratively 2
  • 3. www.rmaguide.org.nz www.eds.org.nz 3
  • 4. Community Guides www.eds.org.nz 4
  • 5. Environmental Think Tank www.eds.org.nz 5
  • 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 updates Launch, Auckland 29 April
  • 7. Forthcoming Events EDS University Environmental Essay Competition 7
  • 8. SECTION 1: THE COAST AND DEVELOPMENT PRESSURES
  • 9. The New Zealand Coast: Before human contact Coastline mostly forested with extensive wetlands and dunelands Bruce Bay, Westland (Craig Potton)
  • 10. The New Zealand Coast: After human contact Fundamentally changed but the new rural landscapes are strongly valued by New Zealanders
  • 11. Coastal holiday homes started to be built in NZ during the 1890s
  • 12. Baby boomers spent summer holidays at the beach in small baches tucked behind beaches Tutukaka Coast, Craig Potton
  • 14. The 1990s brought a very different style of holiday home with much greater impacts
  • 15. Houses are much larger Craig Potton
  • 16. They are located in more prominent positions Manganes e Point, Whangarei Craig Potton
  • 17. With an exponential increase in holiday homes Number of holiday homes between 1926 and 2006 120,000 100,000 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. 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 Rodney Thames Coromandel 0 2,000 4,000 6,000 8,000 10,000 12,000 Number of Dwellings
  • 19. As a result small holiday settlements have grown - Tairua
  • 20. We have seen new types of settlements High end resorts - Omaha (Craig Potton)
  • 21. Canal developments Craig Potton
  • 22. Rural-residential – Takau Bay, Northland coast Craig Potton
  • 23. High-rise – Mount Maunganui
  • 24. SECTION 2: IMPACTS OF DEVELOPMENT ON THE COAST
  • 26. Expansion up ridges and backdrop hillsides
  • 27. Grid-like settlement design – Langs Beach
  • 28. Houses dominating the coastal edge – Manly Beach, Whangaparaoa (Rodney District Council)
  • 29. Coastal Sprawl Whangaparaoa Peninsula – where the rest of the Northland coast is headed? Craig Potton
  • 30. Loss of camping grounds
  • 31. Increase in gated communities
  • 32. The overall result is loss of natural character, natural coastal landscapes and coastal wilderness Ocean Beach, Whangarei Heads, Craig Potton
  • 33. SECTION 3:LEGAL AND POLICY FRAMEWORK
  • 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. 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. Is this inappropriate development?
  • 37. Is this inappropriate development?
  • 38. New policy provides greater direction on implementing section 6 matters
  • 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. Policy 1: Extent and characteristics of the coastal environment
  • 41. Landward extent of coastal environment needs 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. Policy 13(2): Attributes of natural character Not the same as natural features and landscapes or amenity values. May include: •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 their context or setting www.eds.org.nz 42
  • 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. What is high natural character? THIS NOT THIS
  • 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 areas REQUIRES identification of at least areas of high natural character in plans
  • 46. Promote restoration or rehabilitation of natural character - Policy 14 www.eds.org.nz 46
  • 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 landscapes REQUIRES mapping or other identification of at least ONLs
  • 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. Means no development at places like this – New Chums Beach?
  • 50. Careful location and design in areas which are developed THIS NOT THIS
  • 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. Death by a thousand cuts! But as more are gradually constructed … …the built environment dominates www.eds.org.nz 52
  • 53. Roads and driveways can have more visual impact than houses www.eds.org.nz 53

Notes de l'éditeur

  1. 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
  2. Include freshwater
  3. 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
  4. 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.
  5. 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.
  6. 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.
  7. 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
  8. 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