Climate adaptation legislation - what's to come

What we expect

Last year’s bills laid the foundations of the new system but lacked specifics for confronting climate change. While promise is shown, success or otherwise will depend on the details. Hope lies in the National Planning Framework (NPF) to contain specific target outcomes, and in the CAA to illustrate how New Zealand will effectively address the consequences of climate change.

■ The NPF should provide significant insight as to whether the new regime will provide adequate direction to address the challenges of climate change.

■ The second iteration of the NPF may provide greater national direction on assessing climate change at the time of considering consents. This means climate change outcomes are likely to be more relevant in a consenting context than was the case under the RMA.

■ The CAA intends to broach managed retreat and adaptation financing issues.

■ We expect the CAA will confirm the powers to acquire land, clarify how compensation will be determined and specify how the costs of any scheme will be funded.

■ The RM Review Panel stated the legislation should address the impacts on insurance arrangements for landowners and local authorities, and liability issues for local authorities.

■ One potential bone of contention will be who bears responsibility for managed retreat between central government, local government, and the private sector.

The CAA needs to clearly articulate the role of both central and local governments in implementing adaptation financing and planning measures, and an overall long-term outlook on managed retreat and adaptation. It will be critical to have effective engagement with the public so there is broad support for the approach to compensation, and communities can move forward with certainty.