Image: PM Chris Luxon with CCNZ CEO Alan Pollard at the 2024 National Excavators Operators’ Competition.
The CCNZ draft submission to the Natural Environment Bill and the Planning Bill last month had a lot to comment on when it came to the provisions for emergency works set out in clauses 301 to 306, NEB that provide for an immediate response to an emergency, without the prior need for any regulatory approvals.
The association notes that these provisions are largely rolled over from the RMA, sections 330–331AB. “However, they are often incorrectly interpreted, which results in confusion and improper application,” it said.
The drafting of the provisions could be reviewed and improved for clarity, with the goal of protecting contractors (who work in emergencies to save lives and protect and restore property) from prosecution through not meeting rules such as notification in a certain number of working days.
“We suggest a review and redrafting of the emergency response provisions in Part 6, Subpart 2 of the Natural Environment Bill for clarity of interpretation to reinforce the provisions that enable contractors to take action to save lives and property in the case of emergency, without fear of prosecution.”
This is particularly in circumstances where the emergency has arisen because of infrastructure malfunction or failure, or the imminent risk of this malfunction or failure (rather than only when there is an adverse effect on the natural environment), it said.
The provisions should also better support recovery works such as clearing slips, temporary water diversions and discharges, and installation of temporary bridges and culverts, which are necessary to re-establish infrastructure connections following an emergency, says the CCNZ.
This is particularly relevant in situations where contractors undertake necessary emergency works without clear or specific instruction from the council or other infrastructure provider (e.g. removing soil from a blocked road for emergency access), or contactors doing more than what is necessary to remove the cause of the emergency, such as clearing a blocked culvert, and then clearing the channel leading to it so it does not block again.
“It’s also worth noting that many decisions are time-critical, to the moment. If a person or company can save a life or property through swift action, they should not be prosecuted or penalised for doing so. Emergency works provisions should provide for those working to save lives or properties, and they should support swift, proactive action in the case of a natural disaster, and there are cases where the window of time for action will mean this should not be conditional on approval.”
Storm repair collaboration
The Tararua Alliance is a collaborative partnership between the Tararua District Council and Downer NZ to manage the council’s transportation activity, and water, wastewater, and stormwater reticulation infrastructure.
The Marainanga Gorge is part of a vital lifeline for the local communities, providing access between the Tararua coast and inland Pongaroa. During Cyclone Gabrielle in 2023, 300 meters of Coast Road through the Gorge was destroyed as the Aohanga River reached record heights, washing away sections of the road and leaving the community devastated.
With the 2023 winter approaching and essential services disrupted, the Tararua Alliance rebuilt the road within six months with physical works from local contractor HES Earthmoving remaking the road using boulders from the river and limestone from a nearby quarry.
This project was a standout for its collaborative approach, working closely with local communities to save time and costs by leveraging local expertise and contractors. The Coast Road now provides a reliable and robust route for the community after the Marainanga Gorge was reopened on August 31, 2023, by the Tararua District Mayor, Tracey Collis.
Contractors and civil emergencies