MOIA Reply EMR OIA 2024 24518 OIA 2024 25 0531 Whitehead FOSAL categorisation Gary Whi 4978071.1.pdf

REF: EMR OIA 2024-24518
10 February 2025
Gary Whitehead
By email: [FYI request #29534 email]

Dear Gary,

Official Information Act request relating to FOSAL categorisation

Thank you for your Official Information Act 1982 (the Act) request, received on 12 December
2024. You requested:

“ I'm a writing to you as the minister for recovery.

On the 8 of August 2024 you had replied in writing, thanking the Far North District Council
for its intention to carry out FOSAL categorisation in the Far North.

Council have informed me that the The Department of the Prime Minster and Cabinet
(DPMC) through the Cyclone Recovery Unit (CRU) set the criteria to qualify for the
FOSAL Programme and they will not discuss the matter with me any further.

So, I am forced to ask you

Is it true that the ministry approved Councils policy to only catagorise Catagory 3
properties?

My property was rated at a moderate risk to life in Gabrielle and an unacceptable risk in a
modelled 10% AEP and 1%AEP events, has a High danger rating and the risk to life is
Intolerable.

As Council stated they are under instruction of the ministry, why did my property not
qualify for a FOSAL Catagorisation?

As I was aware there were 3 catagories under FOSAL not just one. Has your department
changed the catagorisation prosses?

Should I not under a disputes process be able to claim against the refusal of
catagorisation or omitted information?

Did the Council act under instruction of the ministry?

I would appreciate a quick reply, We are overdue for a life threatening flood and consider
time to be of the essence. ”

On 20 December 2024 I notified you of my intention to combine responses to your information
request and email correspondence. This reply aims to address the correspondence and Official
Information Act request you sent to me, as well as further email correspondence sent directly to
the Cyclone Recovery Unit (CRU) regarding your property on 10, 12 and 13 December 2024.
Answers to your queries are set out below and I have attached information that may be helpful
in addressing further questions on the matter.
It is important to note that while the Government set the overall Future of Severely Affected
Locations (FOSAL) framework, councils make decisions on the categorisation of properties, and
identified their approach to any Category 3 buyouts. The Government does not direct councils
on how they make these decisions and has no involvement in the decisions themselves.
Given that, the development of the categorisation process, the investigation of affected
properties and the decision on whether to proceed with the FOSAL programme are the
responsibility of the Council, it would be inappropriate for me to comment on any decision
regarding to the categorisation of your property. I encourage you to address these concerns
directly with your local Council representatives.
Your specific queries are identified below along with the relevant contextual information to assist
your understanding.
1.  Is it true that the ministry approved Councils policy to only catagorise Catagory 3
properties? My property was rated at a moderate risk to life in Gabrielle and an
unacceptable risk in a modelled 10% AEP and 1%AEP events, has a High danger rating
and the risk to life is Intolerable.

2.  As I was aware there were 3 catagories under FOSAL not just one. Has your department
changed the catagorisation prosses?

Future of Severely Affected Locations programme and categorisation

A key element of the recovery from the North Island Weather Events (Cyclones Hale and
Gabrielle, and the Auckland Anniversary Weekend flooding) is the FOSAL programme. Its
purpose, and the purpose of Crown funding for 50% of the cost of voluntary buyouts, is to
respond to severely affected residential properties – those that were significantly damaged as a
direct result of these specific weather events and where there is an intolerable risk to life for
people residing in these properties. These are properties that meet all the following criteria:
•  are residential (or the residential parts of mixed-use properties); and
•  were significantly (damaged) impacted by the 2023 North Island Weather Events; and
•  where people in those properties would face a risk to life from future severe weather
events.
The FOSAL categorisation framework was established by central Government in May 2023 as a
specific response to the Auckland Anniversary Weekend flooding and Cyclones Hale and
Gabrielle (collectively called NIWE). There are three categories under which the future of
affected residential properties are assessed. The details of each category are provided in the
image below.

Within these three categories, the threshold for Category 2 and 3 is that these areas face an
intolerable risk to life from future extreme weather events. While the level of risk for Categories
2 and 3 is similar, the response is different. The key difference is that for Category 2 properties,
there is a viable solution to reduce risk to a tolerable level, while for Category 3, there is no
viable solution that could reduce this risk.
More information about the FOSAL approach can be found in the following documents:
1.  A briefing entitled ‘Overview of the Future of Severely Affected Locations Policy and
Implementation’. This document was proactively released in December 2024.
2.  Pages 14 through 17 of The Briefing to the Incoming Minister Responsible for Cyclone
Recovery.
I have attached these documents. These documents, as well as other publicly released Cyclone
Recovery-related documents are also available here: https://www.dpmc.govt.nz/our-business-
units/cyclone-recovery-unit/publicly-released-cyclone-recovery-related-documents. Further, the
Treasury and the Ministry for the Environment had key roles in the initial policy development for
FOSAL. The Treasury have released official information on the development of the risk
categorisation framework on their website, which is linked in the table below.
Central Government’s role in FOSAL
In the FOSAL programme, central Government set the high-level framework, provided funding
support to share costs with councils and co-ordinated implementation. The Chief Executive
Cyclone Recovery supported by the CRU coordinates the Government’s responsibilities for
recovery, including reporting on delivery. The Chief Executive Cyclone Recovery supported by
the CRU also ensures that the overarching intent of the FOSAL framework is being met, and
that to the degree possible, there is consistency between the affected regions. The Chief
Executive also ensures that the funding agreed to by the Government is being spent
appropriately, and within the scope that the Government has agreed.
3.  As Council stated they are under instruction of the ministry, why did my
property not qualify for a FOSAL Catagorisation?

4.  Did the Council act under instruction of the ministry?

Cost-sharing offers to affected regions, including Northland
Councils in Northland were informed by the previous Minister for Cyclone Recovery in
September 2023 that, should they identify any Category 3 buyouts, the Crown would share the

cost on the same basis as agreed with Auckland, Gisborne, and Hawke’s Bay councils. In 2024
I reiterated this offer to the Far North District Council and have been clear that the offer for cost
sharing relates to Category 3 properties only.
I have attached this correspondence, as well as follow-up letters.
Councils were also informed that should they find any Category 2 properties, that they would be
invited to provide information for specific projects that could be eligible for some Crown funding;
this funding would need to have met specific criteria and be subject to a contestable and
prioritised process.
The Far North District Council has undertaken work to establish if there were properties that met
the criteria for a Category 3 buyout. I understand the Council has determined and has advised
that there were no properties in the District that met the Category 3 criteria. That therefore
draws to a close central Government’s involvement with the Council on this matter.

5.  Should I not under a disputes process be able to claim against the refusal of
catagorisation or omitted information?

Role of the Ombudsman

The  Government  has  ensured  that  there  is  a  dedicated  resource  within  the  office  of  the  Chief
Ombudsman  to  focus  on  Cyclone  Recovery  related  matters.  You  can  contact  the  Chief
Ombudsman to notify him of issues with council processes, buyout policies and the categorisation
of land, and he will provide an independent and impartial voice to ensure decisions are fair and
equitable.
https://www.ombudsman.parliament.nz/what-ombudsman-can-help/complaints-about-
government-agencies
Adaptation framework
Properties across the country are increasingly impacted by severe weather events. It is not
possible for the Government to provide support to buy out privately owned properties following
every natural hazard event. To respond to these issues in an enduring way, the Government is
developing an Adaptation Framework to clarify how New Zealand can manage and share the
costs of adapting to climate change, including recovery from natural hazard events. While I
appreciate that this Framework will not be able to resolve your current situation, I am confident
that it will help to manage the impacts of future severe weather events.
Information being released
Please find enclosed the following documents:

Item
Date
Document description
Decision
1
22 September
Letter from Minister Cyclone
Release in full
2023
Recovery
2
26 March 2024
Letter from Minister
Release in full
Emergency Management and
Recovery
3
17 May 2024
Letter from Minister
Release in full
Emergency Management and
Recovery
4
8 August 2024
Letter from Minister
Release in full
Emergency Management and
Recovery

Information publicly available
The following information also addresses the questions in your request. These documents, and
further information referred to is publicly available on the DPMC and the Treasury website:

Item
Date
Document description
Website address
1
27 November
Briefing to the Incoming
https://www.dpmc.govt.n
2023
Minister Responsible for
z/publications/proactive-
Cyclone Recovery
release-briefing-
incoming-minister-
responsible-cyclone-
recovery-nov-2023
2
27 November
Overview of the Future of
https://www.dpmc.govt.n
2023
Severely Affected Locations
z/publications/proactive-
Policy and Implementation
release-dpmc-202324-
457-briefings-related-
cyclone-recovery-
november-2023
3
15 November
A response to an Official
https://www.treasury.govt
2024
Information Act Request from
.nz/publications/oia-
The Treasury entitled ‘Concept
response/concept-
of 'intolerable life safety risk'’
intolerable-life-safety-
risk-oia-20240757
4
13 September
A response to an Official
https://www.treasury.govt
2024
Information Act Request from
.nz/publications/oia-
The Treasury entitled ‘Materials  response/materials-
related to the future of severely
related-future-severely-
affected land risk categorisation  affected-land-risk-
framework’
categorisation-
framework-oia-20240485

You have the right to ask the Ombudsman to investigate and review my decision under section
28(3) of the Act.

Yours sincerely,

Hon Mark Mitchell
Minister for Emergency Management and Recovery