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Coastal Erosion Protection Structures on Council Reserve Land Policy 2024

This policy provides guidance on the process and considerations involved when a private landowner wishes to establish a coastal erosion protection structure on Council-administered reserve land.

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Purpose

The issue of whether coastal erosion protection structures can be established on Council-administered reserve land involves a number of complex legal and policy issues. It is important to ensure all relevant matters are considered consistently and transparently by the Council and that those seeking approval for such structures are aware of the issues involved and matters that need addressing.

The purpose of this Policy is to provide guidance on the process and considerations involved when a private landowner wishes to establish a coastal erosion protection structure on reserve land. It:

  • sets out what private landowners need to do to be able to seek landowner approval from the Council to allow use of reserve land for such a structure, and
  • details the matters Council will consider, including the requirements of the Reserves Act 1977 (Reserves Act) and other relevant matters, that Council has to apply when making landowner approval decisions.

It also touches on other consents likely to be required (such as resource consent and building consent) but only to identify the need for them, rather than providing detailed guidance on those processes. It also addresses Council likely response to unlawful structures built on reserve land.

Who does it apply to?

This Policy applies to landowners who wish to consider coastal erosion protection structures on Council-administered reserve land adjacent to their property. It aims to provide an understanding of what is required to seek approval from the Council for use of the reserve land, including:

  • the processes that need to be followed and how to navigate them;
  • the matters the Council is likely to take into account;
  • Council's expectations of what is required from landowners to use reserve land for this purpose; and
  • what landowners will need to do if they wish to pursue this option.

This Policy is also for Council, when processing requests for landowner approval for use of reserve land - providing a guide to the processes to be followed and the matters the Council is likely to consider, to ensure consistent and robust decision making in relation to hard coastal erosion protection structures on reserve land.

This Policy only applies to coastal erosion protection structures proposed on local purpose (esplanade) reserve, recreation reserve or historic reserve under the Reserves Act, which is on the coast, above MHWS, potentially subject to erosion by the sea and where Council is the owner of the land (or it maintains it as the administering body and has delegated authority to deal with landowner approvals). It does not apply to any other type of reserve, including road reserve or to unformed legal road. Separate decision-making processes apply to these other types of reserve.

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