Legal Framework for Coastal Adaptation to Rising Sea Levels in New Zealand

Abstract

Similar to the proceeding chapter on German law, this chapter analyses if and to what extent New Zealand’s legal framework provides for coastal adaptation to rising sea levels. The chapter starts with a brief overview of the legal system in general and a more detailed introduction to planning law and its instruments since they contain most of the regulations relevant for coastal adaptation. After providing this necessary background information, risk assessments and funding are addressed as overarching issues, before considering land use planning as a tool for avoiding further development in hazard prone areas in particular. The section on land use planning is followed by considering coastal setbacks and buffer zones. Subsequently the relationship between coastal adaptation, for instance land use regulation, and property rights is explored. The examination then moves on to hard and soft defences under a protect strategy. The investigation then turns to managed retreat, among other looking at the current example of relocation in Matatā. Before examining an example of how coastal adaptation strategies are chosen, accommodation in form of flood-resistant design and insurance is introduced. The thesis then moves on considering obligations to protect against natural hazards. Next, the intersecting regimes of nature conservation and landscape protection are explored, including potential synergies with coastal adaptation. Then, attention is drawn to the liability of local governments for inadequate adaptation as a framework condition. Finally, the current legal system is evaluated and some recommendations made.