The challenge
The Hurunui District Council set out to develop a Coastal Adaption Plan for Amberely Beach in 2023.
The aim of the Plan was to develop policy on how the community will adapt to the impacts of climate change, rising groundwater and sea levels, coastal erosion, coastal inundation, flooding and changing risk over the next 100 years. Within the Plan, proactive relocation was identified as one option to address the increasing risk to the Amberley Beach community.
Our role
Buddle Findlay, acting as Hurunui District Council's sole legal provider, advised the Council on its proposal to facilitate the proactive relocation of the Amberley Beach community. Our team provided legal advice on the feasibility and best process to implement proactive relocation through a land-swap arrangement. Our initial advice has focused on the legal mechanisms to facilitate the initial stages of the managed retreat proposal from a contractual and property perspective. We are now assisting the Council with a plan change to facilitate proactive relocation of the Amberley Beach community.
The Council's and the community's approach to, and proposal for, adaptation and proactive relocation is a novel solution to issues facing coastal communities around Aotearoa. A key part of the brief for proactive relocation is that it be cost neutral to the wider community.
Result
The Coastal Adaptation project for Amberley Beach has been recognised for its innovative approach and has won several awards, including the NZPI Best Practice Award for Climate Change, the Nancy Northcroft Planning Practice Award, and the Taituarā Excellence Award for Community Engagement.
We will continue to provide advice regarding the planning framework, plan changes, and other legislative processes to implement proactive relocation and any other mitigation and management measures the Council and the community might seek to implement in the future.