Update to NZSOLD members: March 2024 changes to the Building (Dam Safety) Regulations 2022
On Thursday 28 March 2024, MBIE announced changes to the definition of a classifiable dam as it relates to the Building (Dam Safety) Regulations 2022, due to come into effect on 13 May 2024.
This change means that the regulations will no longer apply to dams that are less than four meters high, regardless of their storage volume. A Classifiable Dam is now defined using a single height and volume threshold of four metres or higher and 20,000 or more cubic metres of stored liquid.
Key messages regarding the changes, as provided by MBIE, are linked here –
https://nzsold.org.nz/wp-content/uploads/2024/04/Update-on-Building-Dam-Safety-Regulations-2022-.pdf
As for many of our members, the changes announced by MBIE on Thursday 28 March came as a surprise to the NZSOLD Management Committee. As outlined in papers for the NZSOLD Annual General Meeting last month and as communicated by MBIE in recent press releases, MBIE recently undertook targeted consultation on proposed changes to the Building (Dam Safety) Regulations 2022.
NZSOLD provided a detailed response to the targeted consultation on 9 February 2024. NZSOLD’s submission is available here – https://nzsold.org.nz/wp-content/uploads/2024/04/NZSOLD-Submission-to-MBIE-targeted-consultation-February-2024.pdf and was founded on four key messages:
NZSOLD reiterates the need for evidence-based policy.
NZSOLD considers that any change to the Regulations should be supported by a defensible evidence-based process
Clarification is required on the role of the Recognised Engineers, the number of Recognised Engineers, and wider “professional and technical resourcing”.
NZSOLD considers that MBIE has a role to communicate the difference between the number of Recognised Engineers and their role in the context of the broader ‘sector capacity’.
NZSOLD suggested other options to support successful implementation of the Regulations.
Rather than changing the definition of a classifiable dam, NZSOLD suggested that MBIE consider other options, such as (but not limited to) adjusting compliance timeframes.
A late-stage change to the definition of a classifiable dam would negatively impact a wide range of stakeholders beyond those considered in the Targeted Consultation.
NZSOLD asked MBIE to consider the cost and credibility implications of any proposed late-stage change to the definition of a classifiable dam.
Engineering New Zealand also submitted a response to MBIE’s targeted consultation on proposed changes to the Building (Dam Safety) Regulations 2022. The Engineering New Zealand submission supports the NZSOLD submission to MBIE. The Engineering New Zealand submission can be found on the Engineering New Zealand website: https://www.engineeringnz.org/programmes/policy-submissions/.
MBIE’s announcement on 28 March 2024 was the first communication that NZSOLD and Engineering New Zealand had received regarding outcomes of the targeted consultation process.
We understand the frustration and disappointment that many of you feel, given the amount of preparation that our members and dam owners have invested in advance of commencement of the regulations. We understand that many of you have been providing advice to clients and owners that is now superseded by these changes.
NZSOLD takes the view that a regulatory framework is one mechanism to improve dam safety in New Zealand. NZSOLD encourages all owners and practitioners to follow accepted dam safety practices and continue to invest in all aspects of the dam safety management system. We consider that a regulatory framework – once in place – should be maintained, monitored, and improved like the dams themselves.
Thanks to you all for your engagement in the areas of dam safety and professional practice in New Zealand. NZSOLD will continue to support our members and adapt our education and symposium offerings to meet our members’ needs. As a sector, we need to work together to keep our dams safe.
As always, NZSOLD advocates for accepted industry practice. New Zealand Dam Safety Guidelines can be found here: https://lnkd.in/gNdVr3NF. NZSOLD looks forward to publishing further technical updates to the NZ Dam Safety Guidelines in 2024.