Cyclone Recovery Work

In force date

The Orders are expected into effect on 6 October 2023

Expiry date

31 March 2028

Public engagement

Monday 25 September 2023 – Wednesday 27 September 2023

What will the Orders do?

The Orders are aimed at:

• supporting economic recovery, planning processes, rebuild and recovery of land, infrastructure, people and built and natural environments
• enabling safety enhancements and improved resilience of infrastructure
• ensuring that an adequate and appropriate regulatory framework is in place as soon as possible, to expedite the pace and trajectory of the recovery, increase resilience and avoid placing undue burdens on those most directly affected
• giving people and communities affected by the severe weather events confidence that an enabling regulatory framework is in place to maximise confidence.

The Orders will be in place until the close of 31 March 2028.

Material to be incorporated by reference

The orders propose to incorporate material by reference. “Incorporation by reference” is a legal way of making technical, lengthy, complex documents, models or information part of our law. 

The orders propose to incorporate the following material by reference:

1. Table 2 in “New Zealand’s historically rare terrestrial ecosystems set in a physical and physiognomic framework” by P A Williams, S K Wiser, B Clarkson, and M C Stanley New Zealand Journal of Ecology 31(2): 119–128(external link)
2. the New Zealand Threat Classification System administered by the Department of Conservation as At Risk and Recovering, Relict, or Naturally Uncommon(external link)
3. Waka Kotahi Bridge Design Manual(external link)
4. Shared Socioeconomic Pathway 5.85 medium confidence projection(external link)
5. National Policy Statement for Indigenous Biodiversity, Appendix 1(external link)
6. Technical Guidelines for Disposal to Land(external link)
7. Tree felling protocol(external link)
8. Kiwi Best Practice Manual(external link)
9. New Zealand Fish Passage Guidelines(external link)
10. National Environmental Standards for Plantation Forestry (NES-PF) Fish Spawning Indicator(external link)
11. Code of Welfare: Transport within New Zealand(external link)

Access to material incorporated by reference

As well as by the links above this incorporated material can be inspected by appointment free of charge from Te Manatū Waka Ministry of Transport’s head office at the following address.

3 Queens Wharf

Wellington Central

Wellington 6011

New Zealand

To make an appointment to inspect the incorporated material, please contact Te Manatū Waka Ministry of Transport on:

Email: info@transport.govt.nz

Phone: 04 439 9000(external link)

The consultation on the Severe Weather Emergency Recovery KiwiRail Holdings Limited and Waka Kotahi New Zealand Transport Agency Orders has now closed. 

The Severe Weather Emergency Response Legislation Act 2023 has been passed to assist local authorities, Māori and communities affected by the recent severe weather events to respond to and recover from the impacts of the events.

The Act enables the creation of Orders in Council (OICs) so that approvals for recovery efforts in affected areas can be streamlined and sped up, for a limited period of time.

The Orders in Council will facilitate recovery works over the next few years to be undertaken on significantly damaged state highway and rail infrastructure by Waka Kotahi and KiwiRail. 

This public engagement does not replace any engagement requirements on Waka Kotahi or KiwiRail prior to undertaking recovery work.

Engagement closed on the three proposed transport Orders in Council (OiCs) on 10 July 2023.

Te Manatū Waka Ministry of Transport is progressing with the OiC that will modify the Land Transport Management Act 2003 (LTMA) within Tranche 4 as planned. Next steps include submission of the OiC to the Review Panel and the Regulations Review Committee.

The other two OiCs, which support recovery works by Waka Kotahi, and recovery and rebuild works by KiwiRail, will now be progressed as part of Tranche 5 Orders, given their complexity and the need to provide sufficient time to reflect feedback from engagement and for drafting.

Any questions on the proposed OiCs can be directed to Te Manatū Waka at transportrecovery@transport.govt.nz.

Members of the public and others interested in the proposals are invited to read the Engagement Document. [PDF, 592 KB] The Ministry is proposing to progress the temporary law changes through three OICs that will:

• modify the Land Transport Management Act 2003 (LTMA) to streamline some of the planning and funding approval processes that apply to activities funded by the National Land Transport Fund (NLTF);
• support recovery works by Waka Kotahi within the legal road boundary or within 50 metres either side of it;
• support recovery and rebuild works by KiwiRail, with realignment at two sites (Awatoto and Esk Valley).

The Engagement Document is available here [PDF, 592 KB]. 

Written feedback can be sent to transportrecovery@transport.govt.nz by 11:59pm on Monday 10 July 2023.  This is the date that the engagement closes.

Māori and Council engagement

Te Manatū Waka is also holding specific online hui to engage directly with Councils and Māori on what the proposed Orders in Council will do. These hui are being held between 26 June and 5 July.

Te Manatū Waka recognises the timing for the engagement and notice given for the Cyclone Recovery OIC engagement is short. This reflects the timelines set by the SWERL Act, which provides for an engagement period for OICs of three days unless this period is extended by the Minister.

In recognition of the importance of these proposals and their potential impacts, the Minister has extended engagement on the transport OICs to 10 working days.