The Climate Change and Urban Impacts Toolbox

Workshop - July 2012

Local authority and institutional context

Sylvia Allan - Planner

Allan Planning & Research Ltd

Why are local authorities so important in

adaptation to climate change?

“Although climate change is a global issue, the impacts of climate

change are directly experienced at local and regional level.” Unsourced

“Principle 10 – Environmental issues are best handled with

participation of all concerned citizens, at the relevant level.” Rio Declaration

on Environment and Development, June 1992

“Climate change is relevant to a wide range of local government

functions, and is another factor to take into account among the range

of factors that local government already considers in all its decision-

making.” MfE, Climate Change Effects and Impact Assessment – A Guidance Manual for Local Government in

New Zealand – 2nd Edition 2008

“Disasters occur first at the local level and affect local people.” Special

Report on Managing the risks of Extreme Events and Disasters to Advance Climate Change Adaptation, IPCC, 2012

Why are local authorities so important in

adaptation to climate change?

Even the most rural of New Zealand local authorities have some urban

areas and relate to urban communities ….

Local authorities:

• Own/manage and maintain local infrastructure and networks

• Have responsibilities in managing urban environments

• Make decisions on local community-sourced expenditure

• Make decisions affecting local well-being

• Generate and maintain information

• Initiate numerous participatory processes.

Numerous government functions and requirements are devolved from

central government to local government through statute.

Statutory Responsibilities – Key Legislation

• Local Government Act 2002

• Resource Management Act 1991

• Building Act 2004

• Civil Defence and Emergency

Management Act 2002

Local Government Act

S3 Purpose – recognises diversity of, and includes accountability

to, communities; provides local government with responsibility to

take a broad role in promoting community well-being (social,

economic, environmental and cultural).

S10 Purpose – as above, but includes “in the present and for the

future”.

S11 Role – give effect to purpose, and “perform the duties, and

exercise the rights, conferred by” various legislation.

S11A Core services to “have particular regard to” in performing roles –

includes “the avoidance or mitigation of natural hazards”

(along with network infrastructure and community

infrastructure).

Local Government Act

S14 Principles – includes principles of “sustainable development”

and “prudent stewardship” in the interests of the district or

region and “the reasonably foreseeable needs of future

generations”.

S93 Long Term Plans (LTPs) – policy and expenditure.

Part 7, 10th Schedule

Services and Activities – plus Asset and

Activity Plans

S145, 146, 149

Bylaw making powers

Local Government Act Review 2012

Main purposes:

• Refocus the purpose of local government.

• Develop a framework for central/local government regulatory roles.

• Investigate the efficiency of local government infrastructure provision

(expert advisory group).

Current Version, Amendment Bill:

• removes sustainable development and four well-beings.

• replaces with “good quality local infrastructure, local public services

and performance of regulatory functions in a way that is most cost-

effective for households, and businesses”. (Def. of “good quality’”in

amended S10 – “efficient, effective and appropriate to present and

anticipated future circumstances”.

• Section 11, 11A and main functions unchanged.

Resource Management Act

S2 Definition of “natural hazard”.

S3 Meaning of “effect” – includes low probability, high potential impact

effects; cumulative effects; and future effects.

S5 Purpose is promoting the well-being, health and safety of people

and communities, including meeting the reasonably foreseeable

needs of future generations and managing the effects of use,

development and protection of natural and physical resources.

S7(i) Particular regard must be had to “the effects of climate change”.

S30, 31 Roles of regional and territorial councils – control of use of

land; control of actual and potential effects, for the purpose of “the

avoidance or mitigation of natural hazards”.

Resource Management Act

S35 Duty to gather information – “records of natural hazards, to

the extent that the local authority considers appropriate for the

effective discharge of its functions”.

S62 Regional Policy Statements – must “give effect to” national

policy statements, and allocates responsibilities regarding

natural hazards to the region and districts.

S67, 75 Regional and District Plans must “give effect to” National and

Regional Policy Statements.

S106 District Councils may refuse subdivision (despite provisions in

a plan) in relation to natural hazard risk.

NZ Coastal Policy Statement 2010

Objective 5 Requires response to coastal hazard risks, including

climate change related risks.

Policy 3 Precautionary approach, including in terms of

climate change.

Policy 25 Avoid increasing risk, and encourage risk reduction

over time (100 year framework).

Policy 27 Options to manage risks to existing development.

(No NPS on sea level rise, but MfE guidance).

Building Act

S3 Purpose – sustainable development of the building resource.

S4 Principles – suitability of a building for purpose, efficiency and

durability.

S18 Building work not required to achieve performance criteria

“that are additional to, or more restrictive than, the

performance criteria prescribed in the building code ….”

unless an “express provision” in another Act allows.

S71, 72 Natural hazards – powers to not issue a building consent.

(problematic sections).

S131 Dangerous and insanitary building policy.

Building Code

• Responsibility of DIA – regularly reviewed and updated through

research and consultative processes.

• Has force of regulation.

• Based on life-span of component (50 year for structural), protection

of life not complete building integrity, and not focused on extreme

events (aim is protection from moderate events).

• Information through PIM and LIM.

Civil Defence and Emergency

Management Act

S3 Purpose – “improve and promote the sustainable

management of hazards” and “encouraging and enabling

communities to achieve acceptable levels of risk”.

S4 Definition of risk (likelihood and consequence of a hazard)

and hazard (something that may lead to an emergency).

Encompasses natural hazards.

S7 Precautionary approach “cautious in managing risks”.

S17 Functions of Civil Defence Emergency Management Groups –

information collection and identification, assessment, and

management of hazards and risks.

Summary of Key Statutory Responsibilities

Summary of Key Statutory Responsibilities

Tray 5 Messages

When considering and acting to achieve adaptation to climate change,

councils’ approaches need to take into account the Toolbox Tray 5

messages:

• Information about climate change adaptation

• Keeping up-to-date

• Need for a long-term view

• Need for a balanced approach

• Sustainable development/community resilience.

Summary Diagram

Questions and Discussion

The Toolbox is located at:

http//:www.niwa.co.nz/climate/urban-impacts-toolbox