Auckland flood works

The Auckland Anniversary Weekend floods and Cyclone Gabrielle events in January and February 2023 have had a devastating and long-lasting impact on many communities and thousands of individuals across Auckland/Tāmaki Makaurau. The extreme rainfall, river flooding, wind damage and landslides have brought significant hardship, suffering and challenges for individuals and communities. 

This proposal will enable some flood resilience works to occur in parts of Māngere (Te Ararata and Harania catchments) which were amongst the worst hit in Auckland. The proposal aims to speed up recovery by shortening the resource consent process so that work can get underway faster. 

There are 376 properties in the Te Ararata and Harania catchments that are at risk of flooding again should another event occur. The project works aim to mitigate the flood risk to life and property in this area, and to increase resilience of infrastructure for the wider community. 

The construction of flood risk mitigation and resilience works usually requires complex resource consents. Normally the process of granting these consents would take one year or more. In order to get the project works started in the next earthworks season of summer 2024/2025, we propose to speed up the consenting process.  

The proposed Order in Council would reclassify the project works as controlled activities under the Resource Management Act (RMA), overriding certain rules in the Auckland Unitary Plan. A controlled activity resource consent also cannot be declined under the RMA, which gives Auckland Council certainty that the works will get consented. 

The proposed Order in Council would also prevent appeals to the Environment Court against the consent decision. Appeals can take years to work through and would slow the project works down significantly.  

It is proposed that once the controlled activity consents are granted, the Council can start the work immediately. This certainty allows Auckland Council to start planning the works now, so they can get started as soon as possible.  

The proposed Order in Council would have a set of conditions and matters of control that act as safeguards to ensure that adverse environmental effects are avoided, remedied or mitigated. This will include things like sediment and erosion control plans and noise standards to make sure that the works aren't adversely affecting the environment and people. 

To manage any perceived or actual conflicts of interest, the proposed Order in Council would require that an independent commissioner be the final decision maker. It is proposed that this person will hear from local landowners, communities, iwi and others before making their decision and imposing conditions.

The proposed Order in Council would only apply to the two catchments of Te Ararata and Harania Creeks in Māngere, South Auckland.  

Only Auckland Council can use the proposed Order in Council to apply for consents. Any other land owner or developer would need to use the normal Auckland Unitary Plan process.  

The proposed Order in Council would take effect from 8 November 2024 and expire on 1 October 2028.   

We consider this time to be sufficient for all the project works to be completed. However, the Ministry for the Environment will review the Order in Council in 12 months to ensure that four years is still an appropriate length of time for the Order.  

We consider this proposal meets the purpose of the Severe Weather Emergency Recovery Legislation Act (SWERLA) as it will assist communities and councils to focus on planning, rebuilding, and recovery, including:  

• the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons 
• safety enhancements to, and improvements to the resilience of, the land and infrastructure 
• facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery 
• facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons 
• facilitating the restoration and resilience of the environment 
• providing economic recovery for the affected districts and regions. 

We welcome your feedback on this proposal. 

Feedback will be provided to the Minister for the Environment, the Regulations Review Committee, and the review panel considering these Orders in Council under the Severe Weather Emergency Recovery Legislation Act 2023.  

Webinar about the proposal

We are holding a webinar on Thursday 15 August, where the public can learn more about the proposed Order.

Register for the webinar

Provide your feedback

Please email your feedback to severeweather@mfe.govt.nz.  

Feedback must be received by 5pm, Friday 23 August 2024.