A draft NPS-NHD is open for public consultation from 18 September until 20 November 2023. It is the first stage of a work programme to improve natural hazard risk management under the RMA, especially in the wake of the early 2023 extreme weather events.
The NPS-NHD is expected to support local authorities in identifying natural hazard risk in a consistent way, understand the level of risk tolerance by a community, and provide direction and guidance on making decisions on land use in hazard prone areas. The NPS-NHD is the interim step while regions transition from the RMA to the new NBEA and Spatial Planning Act. It is currently proposed that the NPS-NHD will eventually transition into the National Planning Framework that is required under the NBEA.
The draft NPS-NHD explicitly states that it will not require changes to the intensification planning instruments that are being progressed to implement the National Policy Statement for Urban Development and the Medium Density Residential Standards.
Under the draft NPS-NHD, the level of natural hazard risk is categorised into high, moderate or low:
- A high natural hazard risk is a risk from natural hazards that is intolerable;
- A moderate natural hazard risk is a risk from natural hazards that is more than a low risk, but is not intolerable; and
- A low natural hazard risk is a risk from natural hazards that is generally acceptable.
The draft NPS-NHD has 7 policies, including:
- Policy 3: Decision-makers must adopt a precautionary approach when determining natural hazard risk if the risk is “uncertain, unknown or little understood”; and could be “intolerable”
- Policy 4: Natural hazard risk must be a: (a) matter of control for any new development that is a controlled activity; and (b) matter of discretion for any new development that is a restricted discretionary activity.
- Policy 5: Planning decisions must ensure that:
- In areas of high natural hazard risk, new development is avoided unless the risk can is reduced to at least a tolerable level or if it meets certain criteria;
- In areas of moderate natural hazard risk, mitigation measures are taken to reduce the risk to development as low as reasonably practicable; and
- In areas of low natural hazard risk, new development is enabled.
There is no definition of “tolerable” or “intolerable” in the draft NPS-NHD. However, the Discussion Paper provided with the draft states that tolerance is “based on many factors, including the willingness and capability of those affected by the risk (eg, the community, Māori or the Crown) to bear the direct and indirect risks and costs of the natural hazard”.
We will be monitoring the progress of the draft NPS-NHD and provide further updates as they become available.