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

You may be wondering why we are still consulting on the Flood Protection and Drainage Bylaws while New Zealand is at Alert Level 4 due to COVID-19. This may seem odd, but Council has legislated timeframes it must meet.

If we don't put in place new Bylaws by 30 June 2020, our currently 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.

The Bylaws are a critical part of protecting our flood protection and land drainage assets - stopbank, floodways, pump stations, drains and canals. These assets are necessary to protect the community in times of flooding. If the Bylaws are not in place our flood protection and land drainage assets could be at risk.

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 2020-2021 consultation. This is no longer the case as Council has decided not to consult on the Annual Plan 2020-2021. 

It is important that the public has a chance to make a submission on the proposed changes to the bylaws. Please contact us at riversanddrains@boprc.govt.nz if you have any questions or need help in making your submission.

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

  • drains
  • defences against water
  • erosion protection works
  • floodways

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.

We’re working hard to let people know about the Bylaw review process and to provide opportunities to feedback thoughts to Council.

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

The Flood Protection and Drainage Bylaws must be reviewed and adopted by June 2020.

The following documents contain the information you need before deciding whether to make a submission on our proposal. The Statement of Proposal sets out the key differences between the existing bylaw and the proposed one.

Any organisation or member of the public may make a submission on the proposed Flood Protection and Drainage Bylaws 2020.

Bay of Plenty Regional Council welcomes your views and feedback.

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.

Public submissions open at 8am on 27 March 2020 and close at 4pm on Tuesday 28 April 2020.

Making a submission

A submission is your chance to tell us what you think about the content of the Statement of Proposal for the Bylaw Review.

What’s a submission?

It’s a statement in support of, or in opposition to, any part of this statement of proposal and the proposed Flood Protection and Drainage Bylaws 2020.

How long do I have to make a submission?

The closing date for submissions is 28 April 2020. Between now and then Councillors and staff are available to answer any queries.

Contact us by either:

How do I make a submission?

  • Make a submission electronically using the online form.
  • Be brief and clear about the matters that you support or oppose.

Remember:

  • State the most important points you want Bay of Plenty Regional Council to consider
  • Make your comments as specific as possible
  • Note which part of the draft Bylaws, statement of proposal or summary your comments refer to by including page numbers and sections
  • Clearly state your name, address, email and telephone number.

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 days 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
5 days 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
6 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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