New Zealand: Warning about unauthorised dams

Media release

A growing trend for illegal, unauthorised dams to be built in Otago is concerning the Otago Regional Council (ORC).

ORC director of environmental engineering and natural hazards Gavin Palmer said it had become apparent that Otago was contributing to a serious nationwide problem, where people were building dams without consent under the Resource Management Act, the Building Act, or both.

ORC director of resource management Selva Selvarajah said illegal dam construction posed safety and environmental considerations.The regulations were there to guarantee appropriate standards were adhered to and that environmental resources like water and land were properly managed, he said.

Dr Selvarajah said New Zealanders had seen during the leaky building catastrophe what could happen when people did not follow correct building and consent procedures.

“We will not tolerate the construction of unauthorised dams. Dams can create a variety of hazard risks, therefore if people continue to flout the law with unauthorised construction we will take legal action.”

The Department of Building and Housing is amending the current national dam safety scheme to ensure dams that pose a higher risk than others and therefore need specific safety plans, are clearly identified.

However, Dr Palmer said that under the Building Act, dams which are three metres high and have a 20,000 m3 holding capacity, have needed a building consent since 1992. This was still the case despite the review of the dam safety scheme.

“Even if you don’t need a building consent under the act, there are specifications within the Building Code relevant to dams which are intended to avoid the likelihood of damage to people and property,” Dr Palmer said.

He added that all dams must comply with these specifications regardless of whether they need building consent.

Dr Palmer said there was a widespread misconception that dam construction could be legalised retrospectively under the Building Act. However, there was no certainty that a certificate could or would be issued. A Certificate of Acceptance could only be issued if an appropriately qualified engineer was satisfied, based on clear evidence, as to the dam’s structural integrity.
If a dam has been built without the required consents an offence has been committed regardless of whether the dam is subsequently certified.

“People’s actions are negligent if they don’t check whether their dam has consents or not. In the interests of safety we will pursue legal action in cases of negligence,” Dr Palmer said.

Where there was some doubt about a dam’s structural integrity or standard, a landowner might be compelled to decommission the offending dam.

Dr Palmer said landowners who did not get a consent before contracting out a dam project risked paying more than double what they would of, had they followed the correct legal process in the first place.

“Even though a dam doesn’t need RMA consent because it’s not built on a waterway, it is still classed as a building and needs Building Act consent.”

People must be careful when planning dam construction and avoid making any false assumptions. They should check out the RMA and the Building Act, or seek professional advice, because depending on the particular setting, they may need one or the other, Dr Palmer said.

The onus was on builders, designers, and other professionals to follow due process just as much it was on property owners.

Dr Palmer said that it was in landowners’ long-term economic interests to secure a consent before building a dam, as this would be a valuable asset should the farm property eventually be sold.

Dr Selvarajah said that if people were in any doubt about their obligations, they should contact ORC, who could provide them with the necessary regulatory advice.

For more information contact:

For Building Act and Building Code queries
Gavin Palmer
Director environmental engineering and natural hazards
ORC
Ph 03 4740827 or 0274 933960

For RMA consent queries
Selva Selvarajah
Director resource management
ORC
Ph 03 4740827 or 0274 329810