New Zealand Coastal Policy Statement

New Zealand Coastal Policy Statement
Name	New Zealand Coastal Policy Statement
Jurisdiction	New Zealand
Issued	1994
Amended	1999, 2010, 2020
Administered by	Department of Conservation (New Zealand), Environment Court of New Zealand
Legal basis	Resource Management Act 1991

New Zealand Coastal Policy Statement The New Zealand Coastal Policy Statement is a national policy instrument that guides integrated management of the coastline of New Zealand, aligning planning practice with statutory direction under the Resource Management Act 1991. It sets strategic direction for decision-makers including local councils, the Environment Court of New Zealand, and agencies such as the Department of Conservation (New Zealand), balancing national interests with regional implementation across the Auckland Region, Canterbury, and Otago among other territorial authorities.

Introduction

The statement provides national coastal policy to inform decisions by Auckland Council, Environment Canterbury, Greater Wellington Regional Council, and the Taranaki Regional Council while interacting with instruments like regional policy statements and district plans under the Resource Management Act 1991. It addresses matters relevant to the Hauraki Gulf, Bay of Plenty, Marlborough Sounds, and the West Coast and references case law from the Environment Court of New Zealand and the High Court of New Zealand. The statement responds to pressures from activities tied to fisheries, tourism, aquaculture, and infrastructure projects such as ports like Port of Auckland and Port of Lyttelton.

Purpose and Legal Framework

The policy statement is issued under the Resource Management Act 1991 to give effect to national direction and is linked to statutory instruments including the Marine and Coastal Area (Takutai Moana) Act 2011 and obligations under the Treaty of Waitangi. It guides local authorities like Christchurch City Council and Dunedin City Council when preparing regional policy statements, regional plans, and district plans, and the Environment Court of New Zealand uses it in appeals involving coastal permits and coastal hazard management. The framework intersects with statutory agencies such as the Ministry for the Environment (New Zealand) and the Department of Conservation (New Zealand) and informs national strategies like the New Zealand Coastal Policy Strategy.

Key Policies and Objectives

Key policies address the protection of natural character in areas such as the Fiordland, Coromandel Peninsula, and Kapiti Island, the preservation of public access exemplified by reserves like Piha Beach, and the management of activities including aquaculture in the Marlborough Sounds and coastal subdivision in regions such as Northland. It prioritizes outcomes consonant with case law from the Court of Appeal of New Zealand and directions from the Minister for the Environment (New Zealand), emphasizing avoidance of significant adverse effects on indigenous biodiversity tied to species like the kauri and habitats including estuaries like the Firth of Thames. Policies also address coastal hazard risk reduction informed by reports from the National Institute of Water and Atmospheric Research and planning for climate-related impacts observed in Coastal erosion and sea-level studies.

Implementation and Local Planning

Implementation occurs through regional and district planning processes undertaken by authorities including Waikato Regional Council, Hawke's Bay Regional Council, Southland District Council, and unitary authorities such as Nelson City Council. Councils incorporate the statement into regional policy statements and district plans, manage resource consents for activities like reclamation at ports such as Port of Napier and coastal subdivision near places like Raglan, and apply methods consistent with guidance from the Ministry for the Environment (New Zealand). The Environment Court of New Zealand adjudicates disputes where councils’ plan provisions are appealed, with precedents from decisions involving parties like Forest & Bird and developers that shape plan provisions across regions.

Environmental and Cultural Considerations

The statement integrates environmental protections for habitats such as seagrass meadows and species including the New Zealand fur seal and little blue penguin and addresses cultural values underpinned by the Treaty of Waitangi. It requires consideration of tangata whenua interests, Traditional Rights recognized in cases under the Marine and Coastal Area (Takutai Moana) Act 2011, and local iwi involvement such as Ngāi Tahu and Ngāti Porou in coastal decision-making. The policy intersects with conservation tools overseen by the Department of Conservation (New Zealand) and biodiversity initiatives led by organizations like Forest & Bird and integrates science from institutions such as the University of Auckland and the University of Otago.

History and Revisions

First issued in 1994, the statement has been amended in response to evolving legal, scientific, and social pressures, including revisions in 1999, 2010, and substantive updates in 2019–2020 following national reviews led by the Ministry for the Environment (New Zealand). Revisions have reflected developments in jurisprudence from the Environment Court of New Zealand and the High Court of New Zealand, legislative changes including the enactment of the Marine and Coastal Area (Takutai Moana) Act 2011, and increasing focus on climate adaptation informed by research from the National Institute of Water and Atmospheric Research and universities. Stakeholders including Federated Farmers and environmental NGOs like Greenpeace Aotearoa New Zealand and Forest & Bird have been active in review submissions.

Compliance, Monitoring, and Enforcement

Compliance is monitored through regional plan implementation by authorities such as Waikato Regional Council and enforcement actions brought under the Resource Management Act 1991 and addressed by the Environment Court of New Zealand. Monitoring programs draw on data from agencies like the Ministry for the Environment (New Zealand), the Department of Conservation (New Zealand), and scientific providers including the National Institute of Water and Atmospheric Research. Enforcement options include abatement notices, fines, and consent condition changes, with notable compliance cases heard in the High Court of New Zealand and the Court of Appeal of New Zealand shaping enforcement practice.

Category:Environmental law of New Zealand