The rules around where residential development can take place are contained within the Whakatāne District Plan. In order to prevent future residential development in the areas of high natural hazard risk on the Awatarariki Fanhead, the District Council has introduced provisions into the District Plan that take effect from 29 March 2021. A new Awatarariki Debris Flow Policy Area is created with areas of "High", "Medium", and "Low" risk in accordance with the natural hazard provisions of the Regional Policy Statement. No further residential development will be possible in the “High” risk area which is rezoned from Residential to Coastal Protection Zone.

As the District Plan cannot change existing rights to prevent the use of land for an established use, the District Council lodged a plan change to the Regional Natural Resources Plan prepared by the Bay of Plenty Regional Council. This plan change prevents residential activities from continuing on existing built sites from 31 March 2021, with the exception of one property where the existing use rights expire on or before 31 March 2022.

Appeals

One appeal was lodged with the Environment Court against Council's decisions. Extensive discussions and negotiations between the Councils and the appellant led to an agreement to settle the appeal. The agreed changes were presented to the Environment Court in December 2020 and the Court decision endorsing those changes was released shortly after.

• Awatarariki Residents Incorporated Notice of Appeal to Plan Change 1 to the Whakatāne District Plan and Plan Change 17 to the Bay of Plenty Regional Natural Resources Plan - (PDF, 181 KB)

Supporting documents:

• Decision of the Environment Court - (PDF, 275 KB)