Dam Safety Scheme

This is unlikely. Fast tracking under the Bill covers approvals under a range of legislation but not the Building Act 2004 which covers dam construction. The list of projects in the Bill includes several water storage projects, which may or may not qualify as classifiable dams under the Building (Dam Safety) Regulations.

Regional councils are required to prepare policies on dangerous, earthquake-prone and flood prone dams under the Building Act 2004. Policies must reflect the Building (Dam Safety) Regulations which came into effect in May 2024. 

These policies, alongside the Regulations, are part of the framework for managing post-construction dam safety.

Any new dam to be constructed (fast-tracked or otherwise), needs to be consented and constructed in accordance with the standards set out in the Building Act.

They began on 13 May 2024. Dam owners have up to three months after regulations commence to submit a dam classification certificate (DCC), which includes the dams potential impact classification (PIC) to the regional authority.

Where a regional authority is also a building consent authority, they can provide building consent processing and inspection services for classifiable dams, such as compliance monitoring and enforcement of the Building Code and regulations.

However, the Building Act 2004 requires all regional authorities, whether a building consent authority or not, to administer and monitor dam safety regulations.

This involves:

• establishing and maintaining a register of dams in its district
• considering and approving or refusing dam classifications (based on whether they have been certified by a recognised engineer as defined in the regulations)
• approving or refusing dam safety assurance programmes
• receiving the annual dam compliance certificates
• adopt and implement a policy on dangerous dams, flood-prone dams, and earthquake-prone dams
• take action, if necessary, if any dam, large or small, poses an immediate danger to the safety of persons, property, or the environment.

Transfer of functions, duties, and powers of a regional authority

A regional authority may transfer one or more of its functions, duties, or powers under the Building Act to another regional authority. Some regional authorities have transferred the consenting and inspection services for classifiable dams to a regional authority that is a building consent authority.

Regional authorities don’t plan on transferring their responsibilities when it comes to processing the dam safety regulations.

For furher information read MBIE’s dam roles and responsibilities.

The Building Act requires regional authorities to establish and maintain a register of dams in its region as part of its administration and monitoring of dam safety regulations. All classifiable dams (from low to high potential impact classification) will be added to this register and potentially other known dams.

The register enables the regional council to contact dam owners if they need to discuss the regulations for managing dam safety.

Source: https://www.building.govt.nz/assets/Uploads/managing-buildings/building-safety/dam-safety-guidance.pdf

They provide overall leadership of the building sector and are the central regulator for the oversight and stewardship of the regulations

First check if the dam meets the Building Act’s definition of a dam and then check to see whether it is a classifiable dam.

Only dams that meet the classifiable dam thresholds are subject to the regulations. 

A classifiable dam is defined in the regulations as a

A large dam (e.g. height of four or more metres and 20,000 or more cubic metres volume of water or other fluid)

Refer to regulation 5 of the Building (dam Safety) Regulations 2022 for the meaning of a classifiable dam.

Please note: In a 28 March 2024 press release the Government agreed to raise the height threshold of the dam safety regulations from one metre to four metres. MBIE have advised the regulations need to be drafted and worked through the legislative process before the change is made officially and showing online. 

If you have any plans to demolish or dewater a dam, please contact the regional authority in the first instance.

Building work includes decommissioning and demolition of dams and this may require a building consent prior to any works being undertaken.

In terms of draining or dewatering a dam, please be aware there may also be consenting requirements under the Resource Management Act.

While Aotearoa New Zealand had industry recommended dam safety guidance provided by the New Zealand Dam Safety Guidelines, it did not have a consistent regulatory dam safety framework until the Building (Dam Safety) Regulations 2022. This contrasted with almost all other countries who are members of the Organisation for Economic Co-operation and Development (OECD). The absence of an operative post-construction dam safety regulatory framework meant that the risks posed by dams were poorly managed. This exposed people, property, and the environment to unnecessary risk.

The Building Dam Safety Regulations 2022 ensure that classifiable dams are well operated, maintained and regularly monitored, and that potential risks of dam incidents and failures are reduced.

For further information see MBIE's Guide to complying with Dam Safety Regulations.

The level of cost to the dam owner will depend on the potential impact classification (PIC) of the dam in the dam classification certificate (DCC). Different levels of PIC (low, medium or high) will require different levels of service from the recognised engineer engaged to certify the DCC and the dam safety assurance programme (DSAP).

Please contact a recognised engineer for a quote.

The benefits of protecting people, property, and the environment from the potential impacts of a dam breach far outweigh the costs of compliance. Visit building.govt.nz for further information on roles and responsibilities for dam owners.

This helpful graphic from building.govt.nz explains the implementation steps and timeframes.

Please note: There will be admin fees from regional authorities. Please refer to your relevant regional authoritu as costs vary between councils.

 Visit MBIE’s website:  https://www.building.govt.nz/managing-buildings/dam-safety/

Guidance document: https://www.building.govt.nz/assets/Uploads/managing-buildings/building-safety/dam-safety-guidance.pdf

Background to the regulations: https://www.building.govt.nz/managing-buildings/dam-safety/regulations-background/

Implementation timeframes: https://www.building.govt.nz/managing-buildings/dam-safety/implementation-timeframes/

Complying with the regulations: https://www.building.govt.nz/managing-buildings/dam-safety/complying-with-regulations/

Roles and responsibilities: https://www.building.govt.nz/managing-buildings/dam-safety/roles-and-responsibilities/

Resources: https://www.building.govt.nz/managing-buildings/dam-safety/resources/

The purpose of potential impact classification (PIC) assessments under the regulations are to identify and prioritise higher risk classifiable dams for further dam safety work.

All dams that are classifiable dams must have an initial PIC assessment and this must be reviewed every five years.

If your dam PIC is assessed as being Low, no further action is required until the five years review of the PIC is due.

Dams that are Medium or High PIC dams, will need to comply with additional Dam Safety Assurance Programme (DSAP) requirements, including an Annual Dam Compliance Certificate (ADCC).

Your PIC assessments are included in Dam Classification Certificate’s, that must be submitted to your regional council.

Sometimes measuring a dam is straight forward and drawings from the dam’s construction or a record of a building consent or resource consent can be used. However, sometimes measurements of the dam will need to be taken. How easy it is to capture these measurements will depend on the type, shape, and accessibility of the dam. It is important that the height of a dam is measured accurately, and consistently. The measurements and calculations can be carried out by anyone, but the potential impact classification (PIC) must be audited and certified by a recognised engineer.

Resources for measuring dams

MBIE - “Measuring and calculating the height and volume of agricultural dams” 

Building Act 2004 - Subpart 2 interpretation 

Last day to classify and register your dam is 13 August 2024 or if the dam is being built during that time or later, within 3 months of the dam being commissioned.

Refer to Section 134C of the Building Act 2004 – Offence of failing to classify dam:

A person to whom section 134 applies who fails to classify the dam in accordance with section 134B commits an offence and is liable on conviction,

a) in the case of an individual, to a fine not exceeding $50,000:
b) in the case of a body corporate, to a fine not exceeding $150,000.

For further information refer to MBIE’s Guide to complying with the Dam Safety Regulations.

Forms required by regulations and provided by MBIE provide the minimum information required to comply. However, regional authorities request the completion of some additional fields beyond the mandatory requirements of Form 1 of Schedule 3 of the Building (Dam Safety) Regulations 2022.

This data will be used to update Council's Dam Register and enable a better understanding of your region's dam portfolio.

Download the regional/unitary authority dam classification certificate Form 1.

MBIE's forms and other resources

MBIE's dam classification certificate Form 1

Alternatively, dam form templates can be found on the Complying with Regulations and the Resources pages along with other documentation and resources on the building.govt.nz website.

Dam owners must submit the dam’s DCC no later than three months after the regulations come into force, or no later than three months after the dam is commissioned, whichever is later.

Find a qualified engineer and tips on engaging an engineer on the Engineering New Zealand Te Ao Rangahau website.

Raise your queries or concerns about engineering availability with Engineering New Zealand Te Ao Rangahau.

Refer to MBIE's Dam Safety Guidance: “The regional authority must give written notice to the dam owner as to whether they approve or refuse to approve the DCC. The regional authority can only refuse to approve the dam’s classification if they are satisfied, on reasonable grounds, that the engineer who provided the certificate is not a recognised engineer.”

This is outlined in s135 of the Building Act 2004.

Please note that regional authorities may request the dam owner to resubmit their original DCC, where not signed by a recognised engineer.

There are two registration types of Recognised Engineers for Dam Safety. These are:

1. Potential Impact Classification (PIC)
2. Dam Safety Assurance Programme (DSAP)

A Recognised Engineer (PIC) is an engineer who is responsible for certifying dam Potential Impact Classifications (PIC). They have proven qualifications and demonstrated experience and knowledge of the dam classification system within the Building Act 2004, identification of appurtenant structures and dam-break flood hazard assessment.

A Recognised Engineer (DSAP) is an engineer who is responsible for certifying and auditing Dam Safety Assurance Programmes (DSAP). They have proven qualifications and demonstrated experience and knowledge in dam safety assurance programmes and procedures regarding operation, maintenance, surveillance and reviewing of dams and the safety plans.

A Recognised Engineer can have either one or both types of registration but must hold the correct type to undertake the certification. For example a RecEng(DSAP) will not be able to certify a Dam PIC required under Form 1 unless they also hold registration as a RecEng(PIC). When searching the register, you will need to ensure you have selected the correct registration for the type of certification you require.

For more information regarding Dam Safety, Recognised Engineer assessments and the Recognised Engineer Register visit engineeringnz.org

You or the practitioner could contact a recognised engineer and engage their services. You can find a recognised engineer on the Engineering New Zealand Te Ao Rangahau website:  https://www.engineeringnz.org/engineer-tools/recognised-engineer-dam-safety/

Refer to MBIE’s Dam Safety Guidance: https://www.building.govt.nz/assets/Uploads/managing-buildings/building-safety/dam-safety-guidance.pdf

The latest NZ Society of Large Dams (NZSOLD) Dam Safety Guidelines has detailed information about how to carry out a PIC: https://nzsold.org.nz/dam-safety-guidelines-2015/

Please note that the 2015 version is currently being updated and the new 2023 version should be released by NZSOLD in late 2023.

Depending on the recognised engineer’s competencies as assessed and registered by Engineering New Zealand Te Ao Rangahau. If they have completed the DSAP competency they will be able to sign off your DSAP.

More information can be found here:  www.engineeringnz.org/public-tools/find-engineer/

You’ll need to work with the recognised engineer to review and agree on the PIC so the dam classification certificate (DCC) can be certified and signed off by the recognised engineer and submitted to the regional authority. 

If you have questions about the engineering work of a Chartered Professional Engineer, you can raise them with Engineering New Zealand Te Ao Rangahau - submit your question here.

Dam owners will be able to continue operating these systems under the new regulations if they can clearly demonstrate to a recognised engineer how the dam safety management system addresses the regulations’ dam safety assurance programme (DSAP) requirements.

Refer to the Dam Safety Requirements: Under title of “Owners of classifiable dams”.

Depending on the recognised engineer’s competencies as assessed and registered by Engineering New Zealand Te Ao Rangahau. If they have completed the DSAP competency they will be able to sign off your DSAP.

More information can be found here:  www.engineeringnz.org/public-tools/find-engineer/

As per the dam classification certificate form, regional authorities request the completion of some additional fields beyond the mandatory requirements of Form 2. This data will be used to update the council's dam register and enable a better understanding of your region's dam portfolio. 

MBIE's form and other resources

MBIE's dam safety assurance programme (DSAP) Form 2

Alternatively, dam form templates can be found on the Complying with Regulations and the Resources pages along with other documentation and resources on the building.govt.nz website.

Dam owners will be able to continue operating these systems under the new regulations if they can clearly demonstrate to a recognised engineer how the dam safety management system addresses the regulations’ dam safety assurance programme (DSAP) requirements.

Refer to the Dam Safety Guidance: Under title of “Owners of classifiable dams”.