Hawke’s Bay Rural Recovery Works Order in Council (OIC) Guidance

Some examples of the types of activities that can be undertaken under the Order are to:

• Repair tracks and access to and across properties (including forestry tracks);
• Repair and /or reinstate culverts and bridges;
• Control erosion in or adjacent to waterways and across land;  
• Earthworks to remove and deposit silt and sediment;
• Repair water supply/irrigation systems and intakes;
• Repair or replace dams;
• Remove wood waste/debris/vegetation blocking streams or drains or water paths;
• Reinstate fencing;
• Revegetate areas;
• Enable land use intensification to re-establish soils before re-establishing previous land uses such as orchards;
• Repair, replace and install crop support structures and artificial crop protection structures.

Activities that cannot be undertaken under the Order are:

• Activities that are a Prohibited Activities in regional or district plans and/or national regulations , (e.g. burning hazardous substances, draining wetlands);
• The construction of new flood protection banks or bunds, structural edge protection including walls or revetments or groynes
• Installation or construction of new infrastructure, including new dams, not previously in place prior to the severe weather events (the Order permits the repair and replacement only); or
• Extraction or removal of gravel from the bed of a water body.

Written notice process

If you propose to undertake works under the Order, you will need to provide notice to the Hawkes Bay Regional Council (HBRC) at least 20 working days in advance of when you intend to commence the works. As further information may be requested which could delay the start time, you should provide the notice as far in advance as possible.

The notice must include the information listed in Clause 8(3) of the Order and set out in the application form. HBRC will forward a copy to the relevant iwi authority (Post Settlement Governance Entity) and Territorial Authority.

HBRC or the district council may advise that the proposal is not likely to meet the requirements of the Order as set out in the Schedule to the Order and ask for more information. The requirements of the Schedule can be viewed here, and are summarised below.

If, after receiving this further information, the Council still considers that the proposal is not likely to meet the requirements of the Order, they will advise you and you will not be able to proceed under the Order as a permitted activity.

It is important to understand that whether you receive notice from the Council or not, it remains the responsibility of the person undertaking the works to ensure the requirements of the Order are complied with at all times.

Comply with the Order’s conditions

All works must be undertaken to comply with the Schedule to the Order which requires the following (in summary):

• Adverse effects on the environment (including outstanding natural features and landscapes, significant natural areas and wāhi tapu, wāhi taonga, or areas of cultural significance) must be avoided, if practical, or minimised.
• In areas of fish spawning, works must not be undertaken in the wetted bed of any water body between 1 May and 30 September of each year.
• If the works are carried out on land which is identified in the district plan as an outstanding natural landscape or feature, a significant natural area or a wāhi tapu / wāhi taonga, you must comply with the applicable permitted activity standards in the district plan.
• If human remains or archaeological items are discovered, the accidental discovery requirements in the Schedule must be complied with.

Keep records

If you carry out works in reliance on the Order, you must also keep records which can be requested by HBRC or the district council at any time in accordance with clause 13 of the Order.  These records include basic plans and records of the work undertaken and photographs before and after the works which show the location, scale and nature of the works.