The sections for sale at Tāngoio Beach north of Napier. Photo / Bayleys
Some properties zoned Category 3 in Hawke’s Bay have begun to hit the market at “bargain price”.
It raises the question: what can you do with a flood-prone Category 3 property if you buy one?
Hawke’s Bay Today asked Hastings District Council (HDC) about the rules.
More than 320 properties around Hawke’s Bay were zoned Category 3 in the wake of the Cyclone Gabrielle floods in February 2023.
That means they have been found to have an intolerable risk to life, in the case of future floods, and are no longer suitable for residential living.
Unsurprisingly, you can not build a home on those properties in future, with any building consent application facing “significant challenges”.
However, some uses including growing crops or even farming animals are fine as those land uses are “not the focus of any restrictions”, according to HDC.
Other land uses such as using a portable tiny home or a caravan on a Category 3 property, or even using the land for tourism-related activities, falls into something of a grey area.
Work is under way to make the rules more black and white, including updating District Plans.
Hastings District Council – which has the majority of Category 3 properties in Hawke’s Bay – says it is currently in discussions with Government agencies and “adjoining authorities” to adopt a consistent approach.
“The expectation remains that, in some form, activities that would have a high probability of placing people in risk-to-life situations will be prevented,” an HDC spokeswoman said, of updating regulations.
“It’s important to highlight that land categorised as Category 3 has been identified ... as being no longer safe for residential occupation.
“Council expects that potential purchasers will keep this in mind, as well as the potential for future regulatory changes that may further restrict the use of Category 3 land.”
Legal covenants have been registered on Category 3 property titles that have accepted a buyout offer, to ensure they’re not used for permanent or temporary residential use.
Five vacant sections are up for sale at Tāngoio Beach, north of Napier, which are all zoned Category 3.
“The classification means you can’t build a permanent home [but] buyers can still enjoy the stunning piece of coastline from a caravan or tiny home, with formed roads, power, and broadband available at your boundary,” a Bayleys advert claimed for those sections, adding the properties were on sale at “bargain price”.
Developer David Colville owns the five vacant sections (which were not eligible for a buyout offer) and was behind the wider subdivision at Tāngoio Beach of 37 residential lots.
Prior to the cyclone, many of the lots had sold to private owners with plans to build homes.
Only a couple of homes were built when the cyclone hit and the beach settlement will no longer proceed after being zoned Category 3.
Colville could not be reached by Hawke’s Bay Today for comment. He earlier told Stuff he was disappointed the development had not worked out.
“We thought the development offered a near unique opportunity for coastal living at a realistic price. It’s a great beach for people to enjoy holidays, fishing, diving and swimming and only 20 minutes from Napier,” he said.
“We certainly expended considerable effort and funds in developing the subdivision, and it’s fair to say I am very disappointed by this outcome.”
Gary Hamilton-Irvine is a Hawke’s Bay-based reporter who covers a range of news topics including business, councils, breaking news and cyclone recovery. He formerly worked at News Corp Australia.