FAQs

The Code of Practice for Subdivision, Land Use, and Development is intended to provide consistent minimum standards and guidance for assets that Southland District Council and Invercargill City Council will accept as part of their networks. This includes requirements suitable for ongoing operations and maintenance of these assets. It also includes requirements relevant to network assets which will remain in private ownership but connect to public assets. The proposed Code remains aligned to NZS 4404 which is the national standard in this Land Development area.

The Code of Practice, if adopted, will replace the Code of Practice for Land Development and Subdivision Infrastructure Bylaw 2016 which currently applies with the Invercargill district, and the Subdivision, Land Use & Development Bylaw 2012 in the Southland District Council.

A Bylaw is a somewhat unusual mechanism to use for regulating infrastructure standards for new developments. Many Councils use Code of Practice status documents, which enable more frequent updating to remain aligned with best practice. Enforcement of the Code would be under the District Plan / Resource Management Act 1991. This has been assessed as the most appropriate model for Southland and Invercargill, which has taken no enforcement action under the existing Bylaw. Both Councils will continue to receive detailed plans for review and be able to discuss the engineering detail through the approval process; all that would change is there is a better ability to update the Code and to take enforcement action where and if needed.

Engineering standards and knowledge of Te Āo Māori, climate change and effective water management have moved considerably since the establishment of the Bylaws. There are also a number of changes which are needed to align the previous ICC and SDC documents, as they have different base information.

The key changes are summarised below.

General

The Code of Practice represents an alignment of minimum standards and guidance across both the SDC and ICC districts, to provide consistent minimum standards and guidance for assets that both Councils will accept as part of their networks. This will also help bring efficiency to the market by having common infrastructure requirements across both Councils.

References in the Code of Practice to other engineering publications and central government requirements have been updated to reflect current industry best practice, and assist in regulatory compliance.

Climate Change

Climate change is likely to increase the magnitude and frequency of some hazards. It is therefore important to incorporate risk management in the design of infrastructure, supporting new developments to maintain the same level of service throughout the design lifetime. The design of infrastructure for land development and subdivision needs to provide for the impact of sea level rise and the increased frequency of extreme weather events, especially stormwater impacts. To this end, requirements for stormwater design set out in the Code of Practice include requirements for climate change, and define the storm events to be designed to for primary and secondary drainage systems.

Roading

The Waka Kotahi One Network Framework, which is the new national classification system to assist Councils in benchmarking roads, has been incorporated into the Code of Practice. This looks to ensure the network is fit for purpose for all modes of transport, placing an emphasis on movement and place, and integrating transportation with urban planning.

The number of different road types in the road hierarchy has been reduced in order to simplify the types of roads that can be built within Council’s network, and to comply with the Waka Kotahi One Network Framework.

Whole of life asset cost considerations have been updated, which designers must take into account when selecting proposed roading assets. This seeks to further reinforce that the right assets are being selected based on their long-term costs, not just their capital costs.

Minor changes and updates to roading infrastructure specifications throughout the Code of Practice have been updated to reflect current good practice.

Three Waters

The Code of Practice maintains a catchment-based approach with consideration of changes in catchment hydrology, rainfall patterns, and sea level rise from climate change effects. 

The Code of Practice specifically promotes opportunities in stormwater design to use or replicate natural drainage systems, with emphasis on low-impact design. It also now promotes sustainable drainage solutions which aim to store, treat, dissipate, and reuse as much stormwater as is possible at the source, thereby reducing total volumes being transported via networks away from the development.

Requirements for stormwater design have been updated accounting for latest climate change statistics, including designing for climate change affected storm events in relation to primary and secondary drainage systems.

The Code of Practice seeks to improve standards relating to water quality, in conjunction with Invercargill City Council's Stormwater Bylaw.

Specifications and standard engineering drawings have been updated to reflect current good practice. References to specific assets available from market suppliers in Southland have been updated.

Specifications and standard engineering drawings in relation to water supply have been updated to ensure assets are being placed in appropriate locations, and to reflect latest best practice in supply of safe drinking water.

Landscaping and Community Facilities

The Code of Practice has been updated to include reference to the latest Reserves Management Plans and activity management plans.

Guidance has been updated on the construction of facilities and amenities within reserves such as sports fields and playgrounds, open spaces, and access tracks.

Although ICC and SDC cover different geographical areas, in practice both Councils are regularly working with the same contractors and developers. There is a significant opportunity here to provide a more consistent experience for them by aligning ICC with SDC to create one single set of standards and guidance.

The draft Code of Practice has been produced by teams working across the Invercargill and Southland District Councils, with the support of specialist infrastructure consultants.  

These changes will provide consistency across the region, creating higher efficiencies and better ease of use.

Invercargill City Council and Southland District Council acknowledge and respect the position of Ngāi Tahu ki Murihiku as Rangatira over the Murihiku takiwā, having rights and responsibilities to protect the environment "mō tātou, ā mō ka uri, ā muri ake nei" - for us and our children after us.

Ngāi Tahu ki Murihiku hold mana whenua and kaitiaki status over the takiwā, and bring a depth of knowledge, experience and values which strengthen the Code of Practice. A collaborative approach results in outcomes that have the greatest benefit for all, unlocking environmental, social, cultural and economic benefits.

The District Plan currently references the Bylaw and supports compliance with the Code of Practice. If the new Code of Practice is implemented, the District Plan will be updated to reflect the changes. Breaches of the Code of Practice will then be enforced through the District Plan.

The Code of Practice will have an initial one year review period. After this, both Councils will next review the Code of Practice after six years.

In most cases the law that applied at the time of the application is what will apply to the decision-making process of the consent. This means that up until the day the Bylaw is revoked, all applications will be dealt with as if it was still operative.

An applicant can ask to have their application considered under the new Code of Practice should they wish to do so.

Please contact Hannah Kennedy, Policy Analyst, on policy@icc.govt.nz  

Submissions on the Code of Practice are due by 8 June 2023. The easiest way to make a submission is online through the Let’s Talk page.

Alternatively, you can pick up a submission form and drop one off to Te Hīnaki Civic Building in Esk Street, the Public Library or the Bluff Service Centre, or any Southland District Council office. You can also email the Strategy and Policy Team at policy@icc.govt.nz.

Post:        Submission – Code of Practice for Land Development and Subdivision

                Invercargill City Council

                Private Bag 90104

                Invercargill 9840

Hearings are currently set for 19 or 20 June 2023. Please indicate whether you wish to be heard in your submission.