Part two: Local government and climate change
This part covers:
- an explanation of the social and legal obligations of councils to take climate change effects into account in planning and decision-making
- key principles that need to be considered in responding to climate change
- a checklist for considering climate change in plans
- how to assess the impact of climate change on council functions.
Climate-related risk and local government
Climate-related risks are not new to New Zealand local government planners, and resource and hazard managers. By and large, climate change will not create new hazards, but may change the frequency and intensity of existing risks and hazards; it will also introduce some long-term shifts in climate regimes across the country.
Adapting to long-term climate change will also contribute to our resilience to natural fluctuations in climate, such as El Niño (which often leads to dry conditions in northern and eastern parts of New Zealand). Addressing the effects of climate change is most likely to be effective and cost-efficient if it is integrated into local government standard work programmes, rather than planned for in isolation.
Local government is responsible for a range of functions that may be affected by climate change under the Local Government Act 2002, the Resource Management Act 1991 (RMA) and other legislation. Local authorities have both social and legal obligations to take climate change effects into account in their community planning. Long-term planning functions therefore need to embrace expected long-term shifts and changes in climate extremes and patterns, so as to ensure future generations are adequately prepared for future climate conditions.
Key principles for responding to climate change
Local government is required to operate under a range of principles that are set out in law or have evolved through good practice and case law. All must be kept in mind when dealing with climate change effects.
The key principles are:
- sustainability
- consideration of the foreseeable needs of future generations
- avoidance, remedy or mitigation of adverse effects
- adoption of a precautionary / cautious approach
- the ethic of stewardship / kaitiakitanga
- consultation and participation
- financial responsibility
- liability.
Sustainability
The concepts of sustainable development are addressed in the Local Government Act 2002 and sustainable management of an area’s natural and physical resources in the RMA. Both imply the ongoing ability of communities and people to respond and adapt to change in a way that avoids or limits adverse consequences and enables future generations to provide for their needs, safety and well-being. Since 2004, the RMA has included a requirement that people making decisions in terms of the Act must have particular regard to the effects of climate change. Over the past decade or more, people have become aware of climate change and its causes and effects, and the causes of climate change have begun to be addressed at an international level. At the same time, local communities have been encouraged to adopt no- or low-regrets responses to climate change.
Such responses fit within the concept of sustainability. They involve applying adaptive, and sometimes limitation responses that will not be regretted, irrespective of the eventual nature and magnitude of climate change effects. Examples are a range of energy-efficiency and conservation practices, forest planting, and avoidance of new development in areas that are already or potentially hazard-prone. However, more recent understanding has developed of the variability of climate change effects, and the possible implications of decisions made in a framework of uncertainty. This has meant a shift to risk-based assessments of climate change effects and responses by local authorities, prior to decisions being made in the interests of long-term sustainability.
Consideration of the foreseeable needs of future generations
Considering the needs of future generations is a fundamental basis of international, national, regional and local responses to climate change. It involves taking into account the interests of future generations, and the direct and indirect costs that they may bear as a result of decisions made today. This means responsible action in the context of balancing the needs of the present with those of the future. The principle applies even where the need for a climate change response is not yet apparent.
Avoidance, remedy or mitigation of adverse effects
Under the RMA, the duty to avoid, remedy or mitigate adverse effects applies to the preparation of plans by local authorities under that Act, every decision made under that Act, and to everyone who carries out an activity or development under that Act. ‘Effect’ is defined to include temporary or permanent effects, present and future effects, cumulative effects over time, and potential effects of high probability, or of low probability with high potential impact. This means that, through reasonable understanding and analysis of future environmental change, climate change impacts can and should be taken into account when contemplating new activities and developments. This is because climate change can affect the ability of ecosystems and communities to cope with other non-climatic pressures.
Adoption of a precautionary / cautious approach
The concept of a precautionary / cautious approach is implied in the RMA and in the New Zealand Coastal Policy Statement which is prepared under that Act, and is directly stated in the Civil Defence Emergency Management Act 2002. It requires an informed but cautious approach to decisions where full information on effects is not available at the time of decision-making, particularly when there is a high level of uncertainty and where decisions are effectively irreversible.
A precautionary approach is particularly relevant where there are effects of low probability but high potential impact, for example the effects of infrequent but high flood levels in developed flood plain areas. Section 32 of the RMA requires the evaluation of a plan provision to consider the risks of acting or not acting if there is uncertain or inadequate information. This is directly relevant to addressing climate change effects in plans, as well as other situations where a cautious approach may be appropriate.
The ethic of stewardship / kaitiakitanga
The Local Government Act 2002 and the RMA both contain the concepts of stewardship / kaitiakitanga.
In the Local Government Act, a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district and region. In the RMA, particular regard is to be given to the ethic of stewardship and kaitiakitanga. The principle underpins sound planning decision-making in the interests of the community to avoid or minimise loss of value or quality over time. Its relevance to climate change relates particularly to asset management, land and water care, biosecurity, and biodiversity.
Consultation and participation
Principles of consultation with communities and affected people are fundamental to local government decision-making. Consultation implies informed input into decision-making processes. For decisions on matters or developments that are relevant to climate change, those being consulted must have sufficient information to understand the likely scenarios and associated risks for their communities. Ensuring adequate information is available within a community for consultation processes to be effective is a responsibility for regional and local government. It will involve the translation of international and national knowledge to local levels, with indications of degree of certainty and uncertainty. Consultation and participation can also be used to raise awareness of risk and appropriate responses – for example, flood risk and how people should respond when a flood occurs in their area.
Financial responsibility
Local government is expected to act within normal codes of financial responsibility on behalf of the community. When undertaking its own activities, particularly asset provision and management, the Local Government Act sets out requirements to identify in detail the reasons for any changes to current provision, and the associated cost. For infrastructure enhancements anticipating future effects of climate change, evaluation of risks as well as the costs of different levels of service will need to be expressed in a transparent manner.
Liability
Local government can be financially liable for decisions that are shown to have been made in the face of information that should have led to a different decision. This is a complex area of law, and councils use a range of techniques to reduce the risk of liability. For example, where single property-based decisions are involved, instruments such as covenants or consent notices attached to titles may be used to identify risks. Larger climate-related issues, such as frequency of flooding of a developed area, are less likely to result in direct liability unless areas become uninhabitable as a result. However, community costs in enhancing or retrofitting infrastructure can become considerable. Questions of equity in relation to wider community interests also arise.
Checklists for considering climate change in plans
The checklists below are designed to assist local authorities to take these principles into account when considering climate change effects in plan development and review.
Name of plan/Duration of plan and |
Checklist for contents |
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Local Government Act 2002 |
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Name of plan: Long-term Council Community Plan Duration: Ten years, but reviewed every three years or earlier. Can be changed when an annual plan is prepared. Purpose:
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Are the long-term implications of climate change identified anywhere in relation to community outcomes? Is any statement clear and able to be measured or monitored? If not, is there a comment explaining why not? How is the timeframe of climate change effects handled? Is there adequate explanation of the need to act within the framework of the current plan, although effects may become apparent only during the preparation of future plans? Are adaptive responses to potential climate changes identified in relation to specific assets or activities (water supply, wastewater, stormwater, roading, pest management, parks and reserves management, etc)? Are these responses specific and targeted to the asset? If a change in level of service, or additional capacity, is planned owing to climate change (ie, requirements will be beyond the level of service or capacity based on other considerations), is this explicit and explained? Is a monitoring regime relating to the aspect involving a climate change response identified and are mechanisms, costs and duration foreshadowed? Are the levels of uncertainty involved in the forecasts of climate change explained, and an estimate of the uncertainty provided? |
Name of plan: Annual Plan Duration: Annual Purpose: Supports the Long-term Council Community Plan in integrated decision-making and coordination of the local authority resources; and provides an annual budget and funding impact statement for the local authority. |
Are the budget requirements, in relation to climate change responses, identified in the Long-term Council Community Plan, explicitly followed through
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Name of plan: Annual Report Duration: Annual Purpose: Reports on the Annual Plan, measuring activities and expenditure against desired community outcomes and sustainable development. |
Are specific Annual Plan provisions relating to climate change reported appropriately, including asset management? If the expected outcome has not been achieved, has this been explained? |
Resource Management Act 1991 |
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Name of plan: Regional Policy Statement Duration: Ten years, but can be reviewed or changed at any time. Purpose: Achieves the sustainable and integrated management of natural and physical resources, by providing an overview of a region’s resource management issues, policies and methods. Also the strategic integration of land use and infrastructure – eg, coordinating and influencing urban form across multiple districts. |
Is climate change and its effects identified as a regional issue requiring a response? Does the Regional Policy Statement explain the national policy context? Does the Regional Policy Statement specify the time horizon for different types of decisions on climate change and its effects? Does the Regional Policy Statement give pointers for the formulation of regional and district plan contents relating to managing the effects of climate change? Does the Regional Policy Statement set out the respective roles and responsibilities of the regional and district councils in managing natural hazards in the region? Does the Regional Policy Statement promote consistency of approach towards climate change by local authorities within the region and across boundaries with neighbouring regions? Does the Regional Policy Statement promote public education as a method of response to climate change and its effects? Does the Regional Policy Statement promote avoidance or limitation of damage and costs from natural hazards, including those exacerbated by climate change, such as:
Does the Regional Policy Statement include provisions for monitoring the effects of climate change, and any relevant statements of environmental outcomes? |
Name of plan/Duration of plan and Purpose |
Checklist for contents |
Name of plan: Regional plans Duration: Ten years, but can be reviewed or changed at any time. Purpose: Achieves the integrated management of natural and physical resources, and assist the regional council in carrying out any of its functions under the RMA, including: managing land for soil erosion and natural hazards; managing water resources and beds of rivers and lakes; and managing the coastal marine area. |
Depending on the plan ... Is climate change and its implications identified as an issue? If it is not, is there a valid explanation for why not? Are the approach and policy for climate change consistent with the Regional Policy Statement? Are there one or more objectives relating to climate change, which are adequately explained and integrated with policy and rules? If there are rules or methods that relate to or rely on climate change as a partial or complete justification for their existence (eg, water allocation, flood design clearances, prohibiting building areas), is the provision clearly explained? Are there any decision-making criteria related to taking the implications of climate change into account? Are these explained? Is there a specific commitment that the council will keep up-to-date with changing understanding of climate change and its implications? |
Name of plan: District Plans Duration: Ten years, but can be reviewed at any time. Purpose: Achieves the integrated management of the effects of use, development and protection of a district’s natural and physical resources; and control of land in relation to natural hazards. District plans can also allow councils to control subdivision for the purposes of carrying out functions under the RMA. |
Is climate change identified as an issue in the District Plan with adequate explanations? How is the issue expressed in terms of objectives and policies? Is the approach and policy for climate change consistent with the Regional Policy Statement? Have areas of enhanced risk (eg, hazard zones, building lines) due to climate change been identified, with appropriate policy and rules? Do the decision-making criteria relating to natural hazards refer to climate change and its implications? |
Civil Defence Emergency Management Act 2002 |
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Name of plan: Civil Defence Emergency Management Group Plan Duration: Five years, but can be reviewed sooner. Purpose: Develops an integrated community-based response to the sustainable management of hazards. |
Has the risk management analysis taken into account changes due to climate change? Does the recognition of the effects of climate change reflect the current level of uncertainty in the region and adopt a cautious approach as a result? If not, is this explained? Does the plan include a specific commitment to keep up to date with changing understanding of climate change and its implications, including any relevant local monitoring or liaison? |
Plans under other legislation, and/or plans that have no specific statutory basis |
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Name of plan: For example: Reserve Management Plans, Asset Management Plans,
Catchment Management Plans, Duration: Usually no set times. Plans should state their review periods. Purpose: A range of purposes. |
Depending on the plan ... Are there any statements or provisions relating to climate change and managing the effects? If there are, are these appropriately linked to aspects of the plan that have long-term consequences (eg, Reserve Management Plans may appropriately incorporate climate change considerations in relation to species choice for major planting programmes, or recognition of increased drought or flooding in design and subsequent maintenance costs of playing fields; Asset Management Plans may include expectations of changed levels of service needed in the future due to climate change; Landcare Plans may identify aspects such as reduced soil moisture in an area and promote a gradual shift in types of production / management What monitoring regimes are incorporated? |
Assessing the impact of climate change on council functions
A number of council functions, services and activities can be affected by climate change. A key element in responding to climate change will be flexibility and responsiveness in seeking best options to respond to changes over time. Key factors to take into account when assessing whether climate change is likely to have a critical impact on a particular function or activity include: duration, drivers, location, extent and nature of the issues being addressed.
Duration of issue being addressed
Consider the period over which the decision will have effect. Generally, climate change should be considered if the effects of the decision will last 30 years or more, or variability in climate and climate extremes currently presents a problem (for example an inadequate flood defence scheme or stormwater system). Local government decisions have a range of implications in terms of time horizons. For example:
- Approval for a new development area or coastal reclamation is effectively permanent.
- While the former (1991) Building Act was based on an assumed building life of 50 years, the current Building Act (2004) does not include an assumed building life. Many structures are intended to, or do, last a century or more.
- Infrastructure decisions generally assume a 50- to 80-year life, but some can be designed to be built on a staged basis to provide extra capacity in response to climate change over time.
- Decisions on structures in rivers, most coastal structures, and infrastructure that involves regional council consents, have a term of 35 years or less, but in reality their lifetime may be much longer (eg, significant bridges) and they should be recognised as near-permanent.
- Decisions on land care, biodiversity and pest management strategies may be in the context of a three, five or ten-year strategy, but some decisions may have enduring consequences so a long-term view may be appropriate.
Example 1
The Tasman District’s Resource Management Plan 1998 limited the extent of forest planting in the headwaters of specified catchments, to protect aquifer recharge for water supply for the horticulture areas downstream. A range of possible future weather scenarios (but not specifically climate change scenarios) were built into the studies, which led to the plan provisions. Climate change scenarios were omitted in part because of lack of reliable relevant information at the time, but also because it was considered that the relatively short 30-year tree harvesting cycle would allow for modification of provisions over time as climate change information improved.
Presence of a particular ‘driver’
Although, it is important for local authorities to acknowledge climate change, and to include it in policy across a range of council functions, these considerations come particularly to the fore when specific decisions are required. For example, any significant investment in infrastructure should always be preceded by a risk assessment that includes climate change implications and a cost-benefit analysis. When climate change is factored in, the resulting asset ‘life-cycle’ costs should be less than the additional costs from premature retirement of the asset or later unscheduled upgrades. In some situations, the design of new infrastructure may ‘lock in’ resource requirements in a way that makes later upgrading virtually impossible.
Decisions on subdivisions and developments are driven by applications in the private sector. Councils must make decisions relatively quickly. Such decisions need to be made in the context of climate change effects, possibly exacerbating natural hazards. If a council considers that an application contains inadequate consideration of climate change factors and that such factors are relevant, further information should be sought in preference to making a decision based on inadequate information.
Example 2
In 1997 North Shore City experienced a significant number of beach pollution events. This was linked to an unusually high number of wet-weather overflow events from its wastewater system.
Community concern led to a detailed analysis of what would be needed to modify the wastewater system so that a performance level of two overflows per year in 2050 could be achieved (taking into account increased population and other factors).
Scenarios were developed from historic rainfall information and predictions of increased frequency of intense rainfall events due to climate change; these scenarios were then applied to designing the modifications, and a risk and cost-benefit analysis undertaken.
The analysis showed that meeting the desired level of service by 2050 in the face of climate change effects would add $100 million to the cost, which had been estimated at $260 million when climate change effects were not considered. The community chose to accept the increased risk of events due to climate change (and therefore reduced level of service in the long term) rather than meet the additional cost of the desired level of service.
However, reviews of the system will incorporate consideration of climate change effects every 3–5 years. ‘Future proofing’ decisions on different components of the system (such as extensions into new development areas) will be made when and where opportunities or needs arise.
Example 3
Christchurch City Council examined in 2003 the potential effects of climate change on the Avon catchment and associated coastal areas, and how these risks could be managed. The study focused primarily on an economic analysis of likely damages, and the response options available to local government to manage these. The study discussed possible responses including minimum floor levels for buildings, subdivision restrictions, stopbank improvements, and tidal barrages.
Since this study was undertaken, changes have been made to the City Plan. Aspects of the study’s findings have also been incorporated into the Urban Development Strategy that seeks to reduce the risks to the community from climate change. Options such as set-backs from waterways and raised floor levels of buildings in flood-prone areas have been incorporated.
Location of issue being addressed
Some locations are more vulnerable than others to climate change effects. For example, all proposed developments near the coast should be evaluated in terms of expected sea-level rise over this century, as well as other consequential effects such as increased coastal erosion, salt water intrusion into aquifers, and increased flooding. Development in flood plains also needs to take account of the potential for reduced flood return periods and potentially greater peaks.
Example 4
In the Hutt Valley, the value of development and the social and economic implications of a major flood are so significant that the community has reduced possible flood effects by investing in flood protection rather than by limiting development. The design was made more robust by taking climate change effects into account. There was inadequate information on possible climate change impacts for modelling purposes at the time decisions were made: the community chose a return period of 400 years as the basis for flood protection design, in the knowledge that the level of protection was likely to reduce over time due to climate change impacts. The Hutt Valley 2001 Flood Plain Management Plan provides detailed information on design considerations and levels of protection, taking into account climate change.
Extent of issue being addressed
Decisions that involve, for example, a single building or a small part of an infrastructure asset (unless the latter constrains the rest of the system) are less likely to have fundamental and long-term implications than decisions that affect larger areas. The exception is where a small development sets a precedent, leading to acceptance of subsequent applications.
Nature of issue being addressed
The risk assessment process should identify whether the issue is affected by a single climate parameter or whether it is a complex issue with multiple effects and implications over time. The latter needs to be addressed at a policy level, with decision-making carried through consistently over time. Relatively general information may be adequate to start policy development and information can be refined over time within a generic policy context. For example in planning an urban extension, there may be several options: low-lying coastal areas should be avoided, and if flood plains are being considered, higher and more frequent floods than in the past should be assumed.
Example 5
Transit New Zealand is the Crown Entity responsible for state highways. As such it is required to assess and manage risks to New Zealand’s transport network, and ensure its sustainability. Transit New Zealand recognises that it is prudent to consider climate change in the design and planning of all major long-life infrastructures such as bridges, culverts, and causeways that could be affected by climate change impacts within the working life of the structure.
Future-proofing at the design stage makes later retrofits both feasible and cost effective. Some new state highway projects are already considering the impacts of climate change during design and construction. For example, the new section of causeway for Auckland’s Upper Harbour Corridor (State Highway 18) was built 0.3 metres higher than the existing causeway, which was then raised to match it. This was in direct response to predicted sea-level rise.
Example 6
Napier City Council has identified sea-level rise due to climate change as a risk to urban sustainability. Since 1996 the council has undertaken several studies of coastal hazards and has imposed coastal hazard areas north of the city, within which future development is strictly limited. Sea-level rise is just one factor being considered in long-term erosion trends in the areas, but is recognised and accounted for in a risk-based planning approach. The city’s asset management plans for infrastructure also note possible effects of climate change. Because of the low-lying nature of much of the city area, all systems are pumped and groundwater level changes as well as increased flood frequencies could increase costs. The city regularly reviews plans as climate change information is updated.
Example 7
In May 2005 the Western Bay of Plenty was hit by an intense storm that caused flooding throughout the region. A state of emergency was declared, because stormwater infrastructure, roading, and private properties were substantially damaged by the flooding. While average annual rainfall in the Bay of Plenty is expected to decrease with climate change, extreme rainfall events and flooding such as occurred in May 2005 are projected to increase. This has significant implications for new subdivisions and development in the area. In response, the Tauranga City Council now considers climate change impacts when designing all new or upgraded stormwater infrastructure. The council has also incorporated the factor of increased high-intensity rainfall into its planning for growth and development in the region over the next 50 years.
