Cyclone Gabrielle: an update on the response to the damaging effects of the Hawke’s Bay flooding

Written by Kevin Osborne and Dan Barclay 

It has been 2 years since Cyclone Gabrielle and other severe weather events in 2023 caused widespread damage to the Hawke’s Bay region. Whilst people in residential areas are recovering more effectively, rural landowners across the region are still suffering from widespread effects of the Cyclone. Orders under the Severe Weather Emergency Recovery Act (SWERLA) 2023 were made in June 2024 with the Hawke’s Bay Flood Protection Works and the Resource Management-Hawke’s Bay Rural Recovery Works coming into effect in September 2024. Both orders are temporary law changes to the Resource Management Act 1991 (RMA) and are in place to speed up processes to restore flood protection and allow landowners to repair damage to land affected by the Cyclone.

These orders are a form of emergency legislation to alleviate the “red tape” of the RMA to recover from the effects of Cyclone Gabrielle and to protect against future adverse weather events. Both Orders are temporary law changes, with the Flood Protection Works Order closing March 2028 and the Rural Recovery Works in April 2026.

How does the Flood Protection Works Order help Hawke’s Bay?

This Order was implemented to ensure people and communities in Hawke’s Bay can recover from the effects of the Cyclone and to create mitigation strategies to protect against future natural events. The Order is limited to eight specified locations in the Hawke’s Bay region where flood protection works can occur. This Order can help applicants speed up that process, providing a more streamlined process for controlled activity resource consents with less requirements and bureaucracy to deal with.

The works covered under this Order include the construction of stop-banks, culverts, retaining walls, bridge works, stream alignments and pump stations, providing for an accelerated approval process to receive a resource consent and build improved flood protection infrastructure.

How does the Rural Recovery Works Order help the rural landowner.

This Order helps rural landowners to continue work on their land in order to repair damage and recovery efforts. It allows for works to be carried out as permitted activities which may otherwise require resource consent. It is estimated 94% of rural landowners surveyed by Hawke’s Bay Regional Council still have recovery works to do.

Some key details for landowners are:

• you must notify the Hawke’s Bay Regional Council 20 days before work is intended to start;
• such works must not begin until given consent; and
• works should be on your land and be a permitted activity.

Some examples of activities include reinstating tracks and access to properties, repairing culverts, dams, roads, and bridges, removing silt, and reinstating eroded areas. This Order aims to support landowners who have not been able to complete works due to insurance claim delays, extended adverse weather and a lack of contractors available to do the job. This targeted support system empowers rural landowners to rebuild infrastructure, allowing for a manageable recovery.

The Order is not for the construction of new infrastructure. As a permitted activity, the works must also minimise adverse effects on the environment including freshwater and coastal environments, culturally significant land, and significant natural areas.