The implications for the environmental management of natural hazards in a new age of legal immunity in New Zealand

The New Zealand Resource Management Act 1991 promotes the sustainable management of natural and physical resources. Under this and associated Acts, local governments are required to identify environmental risks, including natural hazards and disseminate relevant information to their constituents and stakeholders. Local authorities must also strive to provide adequate, safe and affordable basic services and upgrade infrastructure as necessary. Thus, a dual pressure exists between the needs to increase housing supply and the need to comprehensively manage natural hazards. In response to various court challenges of local council decisions, recent amendments to the Local Government Official Information and Meetings Act 1987, specifically Section 44D, granted legal immunity to councils acting in good faith to disseminate hazard risk information in order to protect people, property and the environment from the adverse effects of natural hazards. This article outlines the impetus for granting councils legal immunity and councils’ likely change of tact following a series of legislative and policy changes. Lastly, we consider a group of natural mineral hazards that have been largely overlooked in legislation and offer a framework by which local government can collaborate with the scientific community to assess environmental hazards and communicate these to constituents and stakeholders.