Severe Weather Emergency Legislation Act 2023 – RMA changes

Federated Farmers advocated strongly to the Government for emergency legislation to lift some of the usual Resource Management Act red tape for farmers and growers hit by Cyclone Gabrielle.  We said a useful template was the legislation enacted in the wake of the Kaikoura/Hurunui earthquakes.

We’re pleased that the Government listened to many of our requests.  Further to this, the Government has indicated there will be a second law which is expected to add some flexibility to address specific issues recovering communities are experiencing, through an Order in Council mechanism. This Bill is expected in the coming weeks.

Here’s the Ministry for the Environment’s advice on the Severe Weather Emergency Legislation Act:

The Severe Weather Emergency Legislation Act makes three main changes to the Resource Management Act, which are time-limited to expire once those affected are anticipated to have had enough time to restore their properties and infrastructure.

• First, for owners or occupiers of rural land in the severe weather-affected areas, the Act allows emergency or remedial actions to be carried out without a resource consent. The Act gives them 60 working days to tell councils what actions they’ve taken. Councils have the discretion to allow more than 60 working days.
  - This change is designed to help rural landowners and occupiers address urgent matters like removing silt, clearing slips and rebuilding smaller structures like retaining walls, culverts and bridges.
  - Owners and occupiers can only use these provisions where they consider the activity is needed to avoid injury or loss of life to humans or animals, or serious damage to land and property.
  - The action they take must be proportionate to the potential injury or damage.
  - Any actions taken must avoid, remedy or mitigate any adverse effects they cause to the environment.
  -  The impacts of their actions must not cause significant adverse effects beyond the boundaries of the owner or occupier’s land.
  - Any activities which are prohibited in national environmental standards or relevant district or regional plans aren’t covered by this change and remain prohibited.
  - Owners and occupiers must get written approval in advance for any actions they propose to take on culturally significant land. Without this permission, the usual activity status applies as found in the relevant national environmental standards or regional and district plans.
  - This change will be repealed on 1 April 2024, after which time all the usual requirements of the national environmental standards and relevant regional and district plan will again apply.
  
  
• Second, for infrastructure providers and those carrying out public works, the RMA changes provide more time to notify councils and apply for retrospective consents for emergency work. Infrastructure providers usually need to notify councils of the work within 7 days and apply for consent within 20 working days but this will be extended to give providers 100 working days to notify councils, and 160 working days to apply for consents. This will be repealed on 1 October 2024, after which timeframes would return to normal.
  - Finally, the Act makes changes to notice requirements for councils who are exercising emergency powers under the RMA to enter properties and prevent serious harm from occurring, for example, to clear a stream on private land which has become blocked and is threatening to flood surrounding land. Councils usually have to tell the landowner or occupier when they enter a property, but given the scale of evacuations this will not always be practical. This Act enables councils to instead leave a written notice at the property. It will also be repealed on 1 October 2024, after which the usual notice requirements will again apply.