Dam Safety Scheme

Large dams and dam safety

On this page:

What is the current status of the proposed dam safety scheme?

The Ministry of Business, Innovation and Enterprise, announced 13 May 2022 of new regulations to provide a nationally consistent approach to dam safety.

These regulations came into effect on the 13 May 2024, and are available at Dam Safety Regulations 2022.

Dam consent forms

What were the responsibilities intended for dams under the Building Act?

The intent of the Building Act 2004 (the Act) is to ensure that buildings, including dams, are designed and built right the first time (please refer to, “what you need to know’, for definitions of dams and large dams, to determine whether the Act affects you).

The Act aims to provide a clear and comprehensive regulatory scheme for ongoing dam safety management, particularly for larger dams.

The key factors that have influenced Government’s decision to bring in a more structured regulatory scheme for larger dams relate to:

dams sometimes fail and there is the potential for loss of life and property damage resulting from dam failure
once constructed and commissioned, dams need ongoing monitoring, maintenance and repair in order to maintain their integrity
the changing nature of public ownership and commercial arrangements for owning, operating and managing dams require a more structured and formal system of compliance monitoring to ensure the safety of dams.

Information from MBIE

Managing dams to ensure they are safe

Frequently asked questions - Dam safety regulations

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.
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.
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”.
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
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.
They provide overall leadership of the building sector and are the central regulator for the oversight and stewardship of the regulations
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/
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.
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
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.
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.
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 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.
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.
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.
The DCC can be submitted before 13 May 2024 but the regulations won’t be in force so there’s no mechanism to accept or refuse it.

However, the regional authority may be able to receive a DCC from a dam owner before 13 May, and hold it until processing on or after 13 May 2024.
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.
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.
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 Safety Scheme

What is the current status of the proposed dam safety scheme?

What were the responsibilities intended for dams under the Building Act?

Frequently asked questions - Dam safety regulations

Resources for measuring dams

MBIE's forms and other resources

MBIE's form and other resources

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