Mitigate or AdaptNavigating the Evolving Natural Hazards Regulatory Landscape

RMLA Roadshow 2016

Marje Russ, Tonkin + Taylor

Maurice Hoban, GHD

Photo: Sugar Loaf Wharf, Coromandel. Jan 4 2014, Stuart Crawley, WRC

Photo: Sugar Loaf Wharf, Coromandel. Jan 4 2014, Stuart Crawley, WRC

Tamaki Drive

King tide level at the Western edge, 2014 supplied by Waterfront Auckland

Photo: Supplied by PCE in 2015 for use

Photo: supplied by Christchurch City Council, seeking approval for use

Photo: Supplied by PCE in 2015

Photo: Supplied by PCE in 2015 for use

It is all about Risk and Risk Reduction

There are new and strong international drivers on risk reduction

Risk reduction is already part of our Civil Defence and Emergency Management framework

A risk-based approach is proposed to be explicitly reinforced in the RMA

We can already deliver risk-based approach and achieve risk reduction in the RMA and other regulatory frameworks

Agenda

International Context and Commitments

National Agencies and Stakeholders

National Legislative Context

Risk Concepts

What does it Mean for Us?

International Context and Commitments

International Context: Disaster Risk Reduction (DRR)

1999

• United Nations Office for Disaster Risk Reduction• Implement

International Strategy for Disaster Reduction

• Focal point in UN for disaster reduction

2005

• Hyogo Framework for Action 2005-2015

2015

• Sendai Framework for DRR 2015-2030

2015 – a big year for the UN

Sendai Framework

Addis Ababa Action Agenda on Financing

for Development

Sustainable Development

Goals

COP21 Accord on Climate

Change

Sendia Framework for DRR

Scope and purpose

• Applies to natural and man-made hazards, small-large scale, frequent/infrequent, sudden/slow onset.

• Guide multi-hazard management of disaster risk across all sectors

Expected outcome

• Substantial reduction of disaster risk and losses in lives, livelihoods, health, economic, physical, social, cultural and environmental assets

Goal

• Prevent new and reduce existing disaster risk through implementing integrated measures to prevent and reduce hazard exposure and vulnerability and increase preparedness and resilience

7 Sendai Targets

Reduce mortality

Reduce number of affected people

Reduce direct economic loss

Reduce damage to infrastructure

Increase number of countries with DRR strategies

Enhance international cooperation to developing countries

Increase early warning systems, information and assessments

4 Priorities for Action

Understanding disaster risk

Strengthening disaster risk governance to manage disaster risk

Investing in disaster risk reduction for resilience

Enhancing disaster preparedness for effective response and “Build Back Better”

National Agencies and Stakeholders

New Zealand Context –Government Agencies

Civil Defence and Emergency

Management

Ministry for the Environment

Ministry of Business,

Employment and Innovation

TreasuryCrown Research

Institutes

New Zealand Defence Force

Earthquake Commission

New Zealand Context – Other Players

NZ Insurance Council

Local Government

NZ

Insurers & reinsurers

Lifeline Utilities

Property Managers &

Owners

NGOs

Engineers, Scientists &

Planners

National Legislative Context

New Zealand Regulatory Framework

Civil Defence and Emergency

Management Act

Resource Management Act

Local Government Act

Building Act

Local Government Official

Information & Meetings Act

Earthquake Commission Act

Civil Defence and Emergency Management Act

Civil Defence and Emergency Management Act - Purpose

Improve sustainable management of hazards to contribute to social, economic, cultural and

environmental well-being, safety and property protection

Enable communities to achieve acceptable levels of risk by identifying and reducing risk

Planning and preparation for emergency response and recovery

Coordinate local authority and other agencies

Integrate local and national CDEM with national plan and strategy

Based on the 4 Rs

Identify and analyse long-term risk to human life and property. Take steps to eliminate risk, if practicable and if not reduce magnitude of impact or likelihood of occurrence

Reduction

Develop operational systems and capabilities, including self-help and response for the public and specific programmes for emergency services, lifeline utilities and other agencies

Readiness

Action taken in civil defence emergency to save lives and protect property and help communities to recover

Response

Coordinated efforts and processes for immediate, medium and long-term holistic regeneration of a community after a civil defence emergency

Recovery

CDEM – Key Current Change & Initiatives

Civil Defence Emergency Management Amendment Bill

• Mandate for roles and responsibilities for recovery

• Strengthen emergency planning and transition from response to recovery

• Create permanent authority for Crown funding of response and recovery

New Zealand Resilience Strategy

• Review of the National CDEM Strategy required to be completed in 2017

Resource Management Act

Resource Management Act -Purpose(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Definition of Natural Hazards

Any atmospheric, earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment.

Meaning of EffectUnless the context otherwise requires, the term effect includes

(a) any positive or adverse effect and

(b) any temporary or permanent effect and

(c) any past, present or future effect and

(d) any cumulative effect which arises over time or in combination with other effects - regardless of the scale, intensity, duration or frequency of the effect and also includes

(e) and potential effect of high probability and

(f) any potential effect of low probability which has a high potential impact

Function for Regional & District Councils

• The control of the use of land for the purpose of …the avoidance or mitigation of natural hazards

Regional Councils

• The control of any actual or potential effects of the use, development, or protection of land, including for the purpose of….the avoidance or mitigation of natural hazards

District Councils

• Regional Councils allocate responsibilities through their Regional Policy Statements

• Potential for regional and district rulesLead

Assessments of Effects on the Environment

• An assessment of the activity’s effects on the environment must address the following matters….any risk to the neighbourhood, with wider community, or the environment through natural hazards

Schedule 4 Section 7

Special Role for Subdivision Controls

• Consent authority’s able to refuse or impose conditions on subdivision consents to avoid, remedy or mitigate some specific types of effects related to natural hazards

• Over-rides S 87A obligation to grant consent for controlled activities

• Called up in S 132 for reviews on consent conditions

Section 106

Special Role for Subdivision Controls

• Esplanade strips or reserves to mitigate natural hazards (S229)

• Conditions on bulk, location, foundations, floor level heights (S220)

• Provisions to protect land from subsidence, slippage, erosion or inundation (S220)

• Requirements for filling, compaction and earthworks (S220)

Practical tools

Proposed RMA Changes

• Add “the management of significant risks from natural hazards” to Matters on National ImportanceSection 6

• Extend ability to act under Section 106 to where the there is a significant risk from natural hazards

• Reference definition of natural hazardsSection 106

• Assessment of risk to be a combined assessment of likelihood and consequences in terms of material damage to land or structures, and considering likely subsequent use of the land

• Enable conditions on subdivision consents to imposed to protect land from all hazards within the scope of the definition of natural hazards

Section 220

RMA – Other Initiatives

• Project to develop a risk-based framework to address natural hazards under RMA

• Input to recommendations to Minister on a National Policy Statement

• Links to (or needs in) other parts of the regulatory and guidance framework

Risk-based Framework

• Updating guidance on climate change and natural hazards

• Developing guidance on managing liquefaction (jointly with MBIE)

• To update guidance on flood management

National Guidance

Local Government Act

Local Government Act -Infrastructure

Purpose

• Provide good quality infrastructure which includes “appropriate to present and anticipated future circumstances

Core Services

• Include “the avoidance or mitigation of natural hazards”

Principles

• Prudent stewardship, including by planning effectively for future management of assets

• Sustainable development approach

Infrastructure Strategy

• 30 year timeframe

• Provide for the resilience of infrastructure assets by identifying and managing risks related to natural hazards

Local Government Act – Long-Term Plan

Purpose

• Describe community outcomes

• Integrated decision making and coordinating resources

• Long term focus for decisions and activities

Content

• Outcomes cover stormwater drainage and flood protection and control works activities

• Include infrastructure strategy

Timeframe• At least 10 years

Building Act

• Must include information any special features of the land likely to be relevant to proposed building work

Project Information Memoranda

• Must refuse building consent where land is subject to natural hazards and building work could worsen the situation unless adequate protection/restoration provided

• Specific natural hazards listed

Section 71

• Required to grant consent if building work won’t worsen situation

• Must notify Land Registrar/Surveyor General, identifying natural hazard and attach PIM

Sections 72 & 73

• Entry on Certificate of TitleSection 74

Building Code

Gives effect to Building Act –provides specified levels of performance for buildings

Sets 50 year flood level consideration and minimum floor height

Building structural performance under seismic shaking refers to NZS 1170.5

NZS 1170.5 sets Serviceability Limit State (SLS) at 25 return period event and Ultimate Limit State (ULS) at 500 years for buildings

Local Government Official Information & Meetings Act

• Information on special features of characteristics of land

• Includes but is not limited to specific list of natural hazard effects

• Must be included if known to territorial authority and not apparent in the District Plan

• Includes any notices about the land

• May include other relevant information

Land Information Memoranda

Earthquake Commission Act

Provides for continuance of the Earthquake Commission (previously Earthquake and War Damages Commission

Provides scheme to insure residential property against natural disaster

Currently under review

Risk Concepts

Risk Management is Evolving

Being applied to more issues

Being used to address multiple issues – holistically

Dealing with complexity and uncertainty

Means to build resilience and sustainability

ISO 31000:2009 Risk Management –Principles and guidelines

Current international best practice

Strong focus on organisation context and objectives

Widespread use, including driving revised ISO standards for quality, environmental and H&S management systems

ISO 31000 Risk Definition

Effect of uncertainty on objectives• NOTES

• an effect is a deviation from the expected (positive and/or negative)

• risk is often characterised by reference to potential events and consequences, or a combination of these

• risk is often expressed in terms of a combination of the consequences of an event (including changes in circumstances) and the associated likelihood of occurrence

Uncertainty

The state, even partial, of deficiency of information

related to, understanding or knowledge of an event, its consequences or likelihood

(ISO 31000:2009)

Good Fit with RMA and Natural Hazards

Effect

• Key RMA concept

Uncertainty

• Hazard events

• Effects of events

• Focus attention on quality of information for decisions

Objectives

• RMA purpose

• Objectives & Policies in Policy Statements and Plans

ISO 31000 Framing Allows Flexibility in Approaches

Qualitative

• Narrative, descriptive, evaluative

• Risk Triangle

Semi-Quantitative - Quantitative

• Frequency/likelihood x Consequences

• Hazard + Exposure + Vulnerability

• Hazard + Exposure + Vulnerability + Capability

Risk Management is a Process

Establish the Context

Assess Risks

• identify

• analyse

• evaluate

Treat Risk

Monitor and ReviewCommunication

and Consultation

Key Process Issues for Natural Hazards

Context is King

• Understanding natural processes at appropriate scale

• Understanding relevant social, cultural and economic context

Identifying Risks

• All hazards, high and low frequency

Assessment and Evaluation

• Nature of approach will vary by hazard type and information quality and decisions to be made

Key Process Issues for Natural Hazards

Treatment

• 4Rs – Reduce, Readiness, Response, Recovery

Monitoring and Review

• Linked to RMA plan making and monitoring

Communication and Consultation

• Community and stakeholder engagement

What does it mean for us?

Resource Management Act

• Understand and use tools we already have

• Look for and be prepared for new focus on risk, national direction or guidance and flow-through to regional and district policies & plans

Civil Defence and Emergency Management Act

• Note strong drivers on risk reduction from Sendai

• Look out for or get involved in the Resilience Strategy

• Understand links between RMA and CDEM frameworks

Other Regulatory Tools and Provisions

• Understand them and join up the dots

Take Home Messages

There are new and strong international drivers on risk reduction

Risk reduction is already part of our Civil Defence and Emergency Management framework

A risk-based approach is proposed to be explicitly reinforced in the RMA

We can already deliver risk-based approach and achieve risk reduction in the RMA and other regulatory frameworks