Designation of Lower Waitaki Flood Protection Assets
Otago Regional Council (ORC) has various flood protection assets across parts of the Lower Waitaki
Details of consultation undertaken will form a part of the final Notice of Requirement that is lodged with the Waitaki District Council.
The Notice of Requirement:
- identifies flood protection assets owned or controlled by the ORC on the Lower Waitaki Plain
- includes groynes, cross banks and floodways
- will mean that anyone wanting to carry out activity which might impact the integrity of these assets the ORC’s approval is required for any activities that impact on the integrity of these assets
- will also include a number of conditions that will impact on what works the ORC can undertake within the designated areas.
You can view the draft Notice of Requirement here.
About the Notice of Requirement
The Notice of Requirement applies to flood protection assets owned or controlled by Otago Regional Council on both public and private land. These include:
- Floodways; and
- Erosion protection such as groynes and cross-banks.
These structures help protect people, property, and livelihoods from experiencing the full effect of flood events.
Find out more about our flood protection measures here.
What will the designation mean for me?
Anyone who wants to carry out work that could impact on the integrity of flood protection assets within the designation area will be required to obtain the Otago Regional Council’s approval before any work is started.
The designation isn’t proposed to stop people from doing any work on their land, but instead ensures any work carried out does not inadvertently affect the integrity of a flood protection asset, which helps to keep us all safe in flood events.
Designations are shown in the District Plan maps and will be noted in Land Information Memorandums issued by the Waitaki District Council.
Why are you designating the land in addition to the existing bylaw?
The designation will ensure that any works that potentially impact on the integrity of these assets will be approved by the ORC prior to works commencing. The Bylaw is a standalone document under the Local Government Act 2002, and the designation enables the recognition of the ORC’s assets within the District Plan, under the Resource Management Act 1991.
How can I have a say?
Fill in our online survey here.
We are working towards having a drop in session for the owners and occupiers of properties that will be subject to the Notice of Requirement.
We’ll be keeping a close eye on the COVID-19 situation and will decide if we can hold in person community drop-in events, or whether these need to be taken online.
Drop-in session on 30 June 2022
ORC is holding a drop-in session on 30 June and you are welcome to attend at any time between 3pm and 7pm. Details are below:
Date: Thursday 30 June
Location/venue: Northstar in Oamaru, 495A Thames Highway, Oamaru North, Oamaru 9400
Time: 3pm - 7pm
For further enquiries please email email@example.com or contact Alison Weaver on:
Freephone: 0800 474 082
Phone: 03 474 0827
- 1 June 2022
Consultation and engagement - phase 1.
- 30 June 2022
Drop-in session at Northstar, 3pm - 7pm.
- 27 July 2022
Feedback summary finalised for ORC staff
- 03 August 2022
ORC staff to confirm any changes required to Notice of Requirement ( NoR) in response to feedback received.
- 18 August 2022
Draft NoR updated and provided to ORC staff for approval.
- 24 August 2022
ORC staff approval of draft NoR.
- 31 August 2022
NoR and consultation summary report finalised for Council approval.
What is a Notice of Requirement or designation?
A notice of requirement is a proposal for a designation and protects the land for the designated purpose until the designation is confirmed and included in an operative district plan. A confirmed designation overrides the provisions of the district plan so the works may be undertaken in accordance with the designation and any conditions attached to it. The designation is like a long-term ‘approval’ of the work.
When the notice of requirement is considered by the Waitaki District Council, it will be able to make a recommendation to the ORC as to whether the designation should be confirmed, modified or withdrawn.
The ORC will make the final decision on the inclusion of the designation in the District Plan.
What area does the designation cover?
Any areas of land that are proposed to be included in the designation are shown on the Notice of Requirement. The underlying plan provisions continue to apply if the land is used for a purpose other than the designated purpose.
How is this different from the Bylaw review undertaken earlier this year?
The Bylaw manages all flood protection assets owned or controlled by the ORC throughout Otago. The Notice of Requirement includes only those groynes, cross banks and floodways that it owns within the Lower Waitaki Plain.
The designation ensures that any works that may prevent or hinder the effectiveness of the included groynes, cross banks and floodways would require the ORC’s advance approval.
Why is the ORC only designating the flood protection assets in the Waitaki District?
Designations are most commonly included in a District Plan review. As the Waitaki District Plan is presently under review, the ORC is seeking the inclusion of the assets in the Lower Waitaki Plain area at this time.
The ORC’s flood protection assets in Dunedin City were included in the Dunedin City Council’s Second Generation District Plan in 2015. When other Districts within Otago review their District Plans, the ORC may seek to include designations for flood protection assets in those plans too.
Will the ORC buy my land if it contains a flood protection asset that will be designated?
The proposed designation of the land will not introduce any practical requirements that are more limiting than those included in the Bylaw. As such, the designation will not introduce any additional controls on how you use your land, and the ORC is therefore not proposing any land acquisition as a result of this process.
How can I object to the Notice of Requirement including my land?
This consultation encourages you to get in touch with the ORC regarding any concerns you may have about the Notice of Requirement.
The ORC will consider all feedback received before it lodges the Notice of Requirement with the Waitaki District Council and can make changes up until then. After the Notice of Requirement is lodged, the Waitaki District Council will publicly notify it within the District Plan, and submissions on the Notice of Requirement can be made to the Waitaki District Council, which will then hear submissions.
At the conclusion of the process, the Waitaki District Council will make a recommendation to the ORC to confirm, modify or withdraw the requirement, and the ORC may decide whether to follow this recommendation.
If you have concerns about the Notice of Requirement, you may wish to talk to a resource management professional or to your lawyer, either now, or during the formal submission process.
The ORC team is happy to meet with you or your professionals to further discuss this Notice of Requirement at any stage of the process if you would like to do so.
I provided feedback to the Bylaw review; will the ORC take that feedback into account for the designation too?
The Bylaw Review and Notice of Requirement, while complementary, are separate processes with different legal requirements. If your feedback on the Bylaw is relevant to the Notice of Requirement, you should resubmit it.
How can I find out if the Notice of Requirement applies to my property?
You can check if your property is within the designation area by visiting this website.