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The legal framework relevant to coastal hazards


This paper was prepared by Joan Allin, a submitter to the Kapiti Coast Proposed District Plan (pRDP) and former Environment Court judge. Joan has been involved in the Kapiti case to remove Coastal Hazards off the LIM in the Kapiti area.

The paper has been reviewed and approved by Simpson Grierson for the Council as being an accurate and helpful guidance note and statement of the legal framework relevant to coastal hazards.

Because the work of the Panel, and the Coastal Systems Limited (CSL) report, occurs within a legal framework, it is relevant for scientists to understand the legal framework and their role within that framework.

This brief paper explains:

I The law that applies:

- the Resource Management Act 1991, including district plans, the New Zealand Coastal Policy Statement and the Regional Policy Statement which are all prepared and implemented under the RMA;

- other statutory provisions, other than the Resource Management Act, for which science is relevant;

II The contribution of science in a legal framework;

III The role of scientists, decision-makers, and others in that legal framework.

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