Homeowners in the Awatarariki debris flow risk zone at Matata could be forced out of their homes without compensation if plan changes proposed by the Whakatane District Council go through.

The council has determined the area is too dangerous to live in following devastating debris flows that occurred in 2005.

Since then, the council has been working to address the risk to life. Engineering solutions were put in place to address the risk of future debris flows from some streams flowing from the steep escarpment catchments behind the town.

However, plans to mitigate the risk for the Awatarariki Stream were abandoned in 2012, following advice from experts that no viable engineering solution was available.

Whakatane District Council principal planner Shane McGhie says there is a ‘significant risk to life in the Awatarariki fanhead.

'Although most natural hazards can be mitigated on a site by site basis, the risk of debris flow in this area is such that there is nothing that can be done to reduce the risk of the hazard.

'If we allowed people to keep living there, and another event occurred, we would potentially be liable because we hadn't taken the appropriate action to make people safe.”

The council is proposing changes to both the District Plan administered by Whakatane District Council, and the Regional Natural Resources Plan administered by Bay of Plenty Regional Council.

These changes, if approved, would extinguish existing user rights in the area and force residents out of the area, with the council's preferred timeframe being within three years.

'There would be a certain date in 2021, although there is the potential in the process to extend the termination date for some residents, such as an elderly person who wishes to stay living there,” says Shane. 'But our preference is for 2021, because if you have individuals who go on living there for many years, have you actually avoided the risk?”

Initially these proposed changes were to be notified only to affected property owners, who would then have the opportunity to submit on the changes.

However, difficulties in contacting all affected owners – particularly those properties owned by multiple Maori owners – means the council has now decided, along with the Bay of Plenty Regional Council, to publicly notify the changes.

This will allow anyone in New Zealand to make a submission on the proposed changes – something Shane says could happen as the changes are ‘unprecedented' and could have consequences for people in other districts in a similar situation.

'There is no ability to take the land under existing New Zealand legislation.”

He stresses that the council is also working on a voluntary retreat package, which would allow them to buy out the affected homeowners and thus avoid the need for the plan changes.

'In the Christchurch red zone, the government purchased all the properties. We are working on a retreat package with central government and the regional council to see if we can reach an arrangement to buy the property owners out, which is our preferred option.”

However, this option is reliant on finding the funds. Otherwise, if the plan changes go through, residents will be forced out without needing compensation.

'There are provisions in the Resource Management Act to pay compensation, but that's only when what's occurring is unreasonable. We've concluded that it is actually unreasonable for people to continue living that. But that's something that will likely be decided in court.”