Hawke's Bay rural recovery works

Cyclone Gabrielle created significant loss and damage in the Hawke’s Bay region in February 2023. Flooding and rainfall caused significant loss and damage with impacts on:

• the economy
• infrastructure
• natural environment
• primary sector businesses
• community wellbeing. 

The Government has made a short-term law change to the Resource Management Act 1991 (RMA) and associated regulations, to speed up rural recovery works in Hawke’s Bay through an Order in Council under the Severe Weather Emergency Recovery Legislation Act 2023 (SWERLA).

In early 2024, the Hawke’s Bay Regional Council (HBRC) surveyed rural landowners on recovery progress, which found that approximately 94% of respondents still have recovery works to complete. Despite the emergency being over, there are ongoing recovery activities to be undertaken. The Order will ensure that the rural communities in Hawke’s Bay can recover from the effects of Cyclone Gabrielle. 

Read the Voice of the farmer HBRC survey [PDF, 18 MB]

The Order in Council modifies the Resource Management Act 1991 to allow rural landowners and occupiers in the Hawke’s Bay to carry out recovery works on their land until 30 April 2026. 

The rural recovery works are deemed to be permitted activities under the RMA if certain requirements in the Order are met. The works must be reasonably necessary for the purpose of remediating, repairing or mitigating damage caused by Cyclone Gabrielle or Cyclone Hale, are carried out on rural land, and are works that would ordinarily require a resource consent.  

The rural recovery works must also comply with the notice, further information and record-keeping requirements in the Order and be carried out in accordance with the requirements set out in Schedule of the Order. 

The works covered by this Order do not include: 

• Activities that are a Prohibited Activities in regional or district plans and/or national regulations (e.g. burning hazardous substances, draining wetlands) 
• Construction of new flood protection banks or bunds or structural edge protection 
• Installation or construction of new infrastructure, including new dams, not previously in place prior to the severe weather events  
• The extraction or removal of gravel from the bed of a water body. 

The Order applies to rural zoned land in the Hawke’s Bay.

The Order came into effect on 20 September 2024 and expires on 30 April 2026. This will enable two full summers for works to be undertaken.  

The Ministry for the Environment will undertake a formal review of the Order in Council by July 2025 to ensure that the Order continues to meet the statutory tests in the SWERLA. 

This Order in Council meets the purpose of the SWERLA, because it assists councils and communities to focus on planning, rebuilding and recovery, including:  

• The rebuilding of land, infrastructure, and other property of affected communities or of any affected persons
• Facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing resilience, of affected communities or of any affected persons.

The Order includes an accidental discovery protocol standard. This is needed to cover scenarios where landowners or occupiers come across kōiwi (human remains) or archaeological items such as undocumented wāhi tapu or wāhi taonga sites. This does not add any new regulatory requirements on rural landowners or occupiers but rather serves to inform them of the existing statutory requirements under the Heritage New Zealand Pouhere Taonga Act 2014 (HNZPT Act) to stop works and contact Heritage New Zealand Pouhere Taonga (HNZ) if these items are discovered.

It is the responsibility of those carrying out rural recovery works to obtain an archaeological authority under the HNZPT Act if it is required. For works required for recovery from Cyclone Gabrielle an Emergency Archaeological Authority will be processed by HNZ within 5 days of a complete application being received. When your Emergency Authority is granted, you must wait for the 14-day appeal period to expire before your works can begin. If an appeal is lodged, works cannot begin until the appeal is resolved.

Further information on the steps to follow if archaeological items are discovered is located on the Heritage New Zealand Pouhere Taonga website.

HNZ encourages applicants to discuss their application with them prior to submission to ensure all information required is provided. To avoid delays, contact the Central Regional Office:

• Phone: + 64 4 494 8320
• Email: infocentral@heritage.org.nz

The Hawke’s Bay Regional Council has prepared guidance material and application materials [HBRC website]