GEOLOGICAL SOCIETY OF NEW ZEALAND
Inc.
Submission in Respect of Proposed Changes to
the Resource Management Act
January 1999
COMMENTS ON PROPOSAL TO ABOLISH SECTION 106 OF THE RESOURCE
MANAGEMENT ACT
Background:
Section 106 of the Resource Management Act 1991 requires the
consent authority to refuse subdivision approval if the land is, or
is likely to be, "...subject to material damage by erosion,
falling debris, subsidence, slippage, or inundation from any
source..." unless it is satisfied that appropriate mitigation
provisions have been or will be made. This section bears significant
similarities with s274 of the Local Government Act 1974, which it
replaced, and falling debris is the only additional hazard
that has been included. Development on individual sections was
previously controlled under s641A of the LGA as amended (1981), and
this is now covered in broadly similar terms under s36 of the
Building Act 1991. Historically, therefore, both subdivision and
section development have been regarded as successive stages within
the framework provided by the District Plan (or Scheme). It appears
that abolition of s106 of the RMA is now proposed on the grounds that
it is unduly prescriptive and restrictive, and that such matters can
be dealt with in district plans.
Comment:
The Geological Society of New Zealand (GSNZ) is opposed to any
removal of s106 of the RMA at this time for the following
reasons:-
- there is a logical progression from District Plan -
Subdivision Plan - Section development, and the scale at which
hazards can be identified, zoned and/or mitigated increases and
becomes more site-specific at each stage;
- there is insufficient detail within most District Plans to
provide adequate controls on land subdivision, and the requirement
for hazard evaluation at the subdivision consent stage is entirely
appropriate for most sites;
- the fact that s36 of the Building Act 1991 (and formerly s641A
of the LGA) allows building on so-called "hazard-prone" or
"marginal" land requires that such geotechnical constraints be
adequately identified and evaluated at the subdivision consent
stage;
- only with such knowledge can the territorial authority give
sensible approval for the overall development, and specify
particular conditions that might reasonably be required as part of
the subdivision consent;
- it is too late for the TA to apply conditions to mitigate
hazards at the building consent stage if land subdivision has
already been approved via inadequate district plan assessment;
and
- it is not feasible to provide sufficient geotechnical detail
for administration of land subdivision at district plan scales of
1:10,000 or smaller, and engineering geology mapping at scales of
1:2000 or larger are necessary.
- Recommendations:
In light of the above comments GSNZ recommends as follows:-
- that s106 of the RMA be retained and strengthened by inclusion
of alluvion and avulsion as specific hazards to be
identified and/or investigated (as for s36 of the Building Act
1991) at the subdivision consent stage;
- that some amendments to s106 of the RMA may be required as
certain Councils are presently requiring total design before
granting subdivision consent, and this is both unreasonable and
causing significant time delays; and
- that guidelines be developed to ensure that TAs do not
unreasonably delay subdivision approval applications by requiring
total design of mitigation measures when geotechnical feasibility
of a proposed development has been clearly established.
- For further enquiries on this submission, contact the
President, Dr Jarg Pettinga
GSNZ
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