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syohana

Building a private jetty - legalities, costs and design

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agree - if legally established before RMA and up to buidling code/ licensed under bylaw or similar then may have existing use rights under RMA.

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Be aware that the former ARC (Auckland) had a policy of actively removing derelict or otherwise unused coastal structures. While there is a Grandfathering clause for legitimate structures that existed prior to the RMA, anything with a wiff of non complaince about it may be up for removal.

 

I'd second evrything Splat has said accept I'd add you also need to engage a professional Planner, i.e another expensive Consultant.

 

What you really need to understand in your decision making is, it's not the value of the wharf, the value is in the consent to build a wharf. i.e. if you find a section with an existign consent, either via a grandfathered structure, or where someone has spent the money and actually managed to gain a consent, that is where the value to the property is.

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http://www.qualityplanning.org.nz/plan-topics/coastal-land-development.php

 

This a good lik to give some background if suffering from insomnia..

 

Pretty sure the government has just redefined the Coastal Marine Area definition as well which will have redefined the playing field again... I'll see if I can find the new definition.

 

 

Territorial authorities are now going to low tide instead of high tide I believe (MLWS rather than MHWS) not sure if that is all legislation or not. Saw the e-mail going around but only glanced at it....

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As if you haven't already had enough advice on the matter; we build and maintain wharves/ jetties and marine structures for private and Council Authorities throughout the country - most of this information seems to be correct. As far as removal of the existing structure; you are worried about the 'Council' removing it, but I personally wouldn't be to concerned. As someone else mentioned the Regional Councils were concerned with removing non compliant structures at an earlier stage. But times (and budgets) are changing - if someone is maintaining it and presumably the people who are aware of the non compliant nature (and are using the structure) seemingly no one is about to kick up a fuss about it... there really would be no real motivation for either the City/District Council to remove it - the Regional Council (who operate from the MHWS seaward including seabed) will have Bylaws or at minimum conditions regulating non compliant structures in their respective Coastal Marine Plan; will likely not have the funds to enforce an action unless they have political motivation (Iwi, DOC, community board) etc

Hope this helps.

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http://www.qualityplanning.org.nz/plan-topics/coastal-land-development.php

 

This a good lik to give some background if suffering from insomnia..

 

Pretty sure the government has just redefined the Coastal Marine Area definition as well which will have redefined the playing field again... I'll see if I can find the new definition.

 

 

Territorial authorities are now going to low tide instead of high tide I believe (MLWS rather than MHWS) not sure if that is all legislation or not. Saw the e-mail going around but only glanced at it....

 

 

Checked up on this and it only impacts matters under Local Government Act not RMA just to confuse the issue! that is bylaws - things like driving on beaches etc

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