The Flood Protection and Drainage Bylaws are regulations that safeguards flood protection and land drainage assets from damage or misuse.

Submissions on the Statement of Proposal are now closed. Thanks to everyone who made a submission.

Due to the enactment of COVID-19 Response (Further Management Measures) Legislation Act 2020, Bay of Plenty Regional Council will be postponing the proposed Flood Protection and Drainage Bylaws 2020 hearings, deliberations and adoption until the following dates:

  • Hearings: 26 August 2020
  • Deliberations: 30 September 2020
  • Adoption: 29 October 2020.

Schedule 16 of the COVID-19 Response (Further Management Measures) Legislation Act provides temporary legislation, and updates s160B of the Local Government Act 2001, to ensure that the 2008 Floodway and Drainage Bylaw is not revoked on 30 June 2020 and continues to be in force until adoption of the Flood Protection and Drainage Bylaws 2020, or 30 June 2021, whichever is earlier.

The Floodway and Drainage Bylaw 2008 remains in force until then.

Project Background

The Flood Protection and Drainage Bylaws apply to assets owned or managed by Regional Council:

  • drains
  • defences against water
  • erosion protection works

The bylaws only apply to assets managed by Bay of Plenty Regional Council as part of the region’s flood protection and land drainage schemes. These schemes are within the area from the Kaituna River and Te Puke Basin east to the Waioeka and Otara Rivers (Ōpōtiki) and include:

  • Kaituna Catchment Control Scheme – includes some streams flowing into Lake Rotorua, the Kaituna River and drainage systems in the Te Puke Basin (from Te Puke out to the coast)
  • Rangitāiki-Tarawera Rivers Scheme
  • Rangitāiki Drainage Scheme – Rangitāiki Plains between Matatā and Whakatāne
  • Whakatāne-Tauranga Rivers Scheme
  • Waiōtahe River Scheme
  • Waiōtahe Drainage Scheme
  • Huntress Creek Drainage Scheme
  • Waioeka-Otara Rivers Scheme – Ōpōtiki

These assets protect people, property and livelihoods from river flooding and problems associated with a lack of land drainage.

The Bylaws outline when you need to talk with Council and if necessary apply for a Bylaw Authority. This ensures we work together to develop the best approach to managing activities within Bylaw Applicable Areas.

The Local Government Act 2002 requires all bylaws to be reviewed every ten years.

This ensures the rules are:

  • still fit-for-purpose
  • informed by the latest science and data
  • informed by experience from previous flood events
  • informed by present issues and risks e.g. climate change projections, land use changes and increased pressure from development

Proposed Bylaw update documents

This is a technical report which was considered in the development of the Bylaws and clauses.

Frequently asked questions

The Bay of Plenty Regional Council looks after more than $350 million worth of flood protection assets. These include floodgates, pump stations, stopbanks and floodwalls which are part of a flood protection system designed to help manage river flows and collectively work to minimise flood risks.

Council manages flood protection systems in five major rivers and drainage schemes:

  • Kaituna Catchment Control Scheme
  • Rangitāiki-Tarawera Rivers Scheme
  • Rangitāiki Drainage Scheme
  • Whakatāne-Tauranga Rivers Scheme
  • Waioeka-Otara Rivers Scheme

Anyone who wants to carry out work in the vicinity of a flood protection asset must first apply for a bylaw authority. ‘Work’ could include constructing or demolishing a structure; undertaking earthworks; planting or removing trees, hedges or shrubs; installing a culvert or crossing in a scheme drain; intensive development of farm land (e.g. for horticulture).

Council may issue bylaw authorities, often with specific conditions, to allow landowners to carry out works while minimising any impact on the flood protection assets.

Email riversanddrains@boprc.govt.nz with ‘Does the FAD Bylaw apply to my property’ in the subject line and provide your full name, contact details (email and phone) and property address.

We will let you know if you are within a Flood Protection and Drainage applicable area and provide advice on applying for a bylaw authority if required. Alternatively fill out the feedback form below.

Otara River stopbank
Otara River stopbank (left bank).

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PROJECT CREATED

17 Sep 2019

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Project Updates

2 months ago

New hearing dates for Flood Protection and Drainage Bylaw

Due to the enactment of COVID-19 Response (Further Management Measures) Legislation Act 2020, Bay of Plenty Regional Council will be postponing the proposed Flood Protection and Drainage Bylaws 2020 hearings, deliberations and adoption until the following dates:

  • Hearings: 26 August 2020
  • Deliberations: 30 September 2020
  • Adoption: 29 October 2020
4 months ago

Waihī Drainage District not covered by BOPRC bylaws

Waihī Drainage District (east of Wilson Road, Pukehina and Pongakawa areas) is not covered by the Bay of Plenty Regional Council Flood Protection and Drainage Bylaws.

Waihī Drainage District not covered by BOPRC bylaws

Waihī Drainage District (east of Wilson Road, Pukehina and Pongakawa areas) is not covered by the Bay of Plenty Regional Council Flood Protection and Drainage Bylaws.

 Flood protection for the Waihī Drainage District is administered by the Waihī Drainage District Incorporated Society as agents for Western Bay of Plenty District Council. Therefore Bay of Plenty Regional Council bylaws do not apply.

This area includes Kaikokopu Canal, Wharere Canal, Pongakawa Canal and Pukehina Canal.

If you are a landowner in the Waihī Drainage District and received a Bay of Plenty Regional Council Flood Protection and Drainage Bylaw affected landowner letter please accept our apologies – the bylaws do not apply to you.

Waihi drainage district map
4 months ago

Bylaw consultation open until Tuesday 28 April

Consultation has opened on our Flood Protection and Drainage Bylaws and we will be seeking your feedback until Tuesday, 28 April 2020. This may seem unusual, while New Zealand is at Alert Level 4 due to COVID-19 but Council has legislated timeframes it must meet.

Bylaw consultation open until Tuesday 28 April

Consultation has opened on our Flood Protection and Drainage Bylaws and we will be seeking your feedback until Tuesday, 28 April 2020. This may seem unusual, while New Zealand is at Alert Level 4 due to COVID-19 but Council has legislated timeframes it must meet.

If we don’t put in place new Bylaws by 30 June 2020, our current 2008 Bylaws will be automatically revoked under the Local Government Act 2002 meaning those assets would have no legal protection. There is currently no legislative pathway to get an extension.

If you are a directly affected party (i.e. a person who owns land within a Bylaw Applicable Area) you will have received a letter outlining the review and process for consultation already.

Unfortunately there was an error in this letter where it stated that the Bylaws consultation would be carried out in conjunction with the Annual Plan 2020/21 consultation. This is no longer the case as Council has decided not to consult on the Annual Plan 2020/21. It is important that the public has a chance to make a submission on the proposed changes to the bylaws.

Fortunes Road pump station
8 months ago

Drop-in sessions

In the week 17 – 22 November the project team is hosting a number of drop-in sessions across the region where information will be displayed and staff will be on hand to answer questions.

Drop-in sessions

We’re reaching out to let people know about the bylaw review and to invite feedback on the proposed changes.

In the week 17 – 22 November the project team is hosting a number of drop-in sessions across the region where information will be displayed and staff will be on hand to answer questions.

Please attend the session that best suits your location; as the name implies people are welcome to ‘drop-in’ anytime between 4 – 7 pm. Light refreshments provided.

  • Monday, 18 November at The Memorial Park Pavilion, 20 Albert Street, Opotiki
  • Tuesday, 19 November at REAP House, Pyne Street, Whakatāne
  • Wednesday, 20 November in the Settler’s Lounge, Te Puke War Memorial Hall, 130 Jellicoe Street, Te Puke
  • Thursday, 21 November at the Ngongotahā Bowling Club, 11 Domain Avenue, Ngongotahā
  • Sunday, 24 November at the Edgecumbe Farmers Market, Rangitāiki Cosmopolitan Club car park, Bridge Street, Edgecumbe
Video frame of floodway and drainage bylaw video

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