Why do we need a Stormwater Bylaw?
Stormwater runoff can carry contaminants like chemicals, litter, and sediment into our waterways, affecting water quality and the health of our ecosystems. The Stormwater Bylaw provides the rules for how stormwater is managed within Tauranga, helping to prevent pollution, protect public infrastructure, and ensure new developments contribute to a healthy, resilient city.
The Stormwater Bylaw was first adopted in 2010 and last reviewed in 2015. Since then, new challenges have emerged, and the Local Government (Water Services) Act 2025 has come into effect. As a result, Tauranga City Council (the Council) is reviewing and updating the Stormwater Bylaw to ensure it remains fit for purpose, complies with new legislative requirements, and reflects community expectations.
What changes are proposed?
We propose to adopt a revised Stormwater Bylaw 2026. The draft bylaw has been updated to:
- clarify responsibilities for preventing pollution and reporting unauthorised discharges
- require compliance with the Infrastructure Development Code for construction and vesting of stormwater infrastructure
- strengthen protection of stormwater assets from damage, modification, or interference
- clarify cost recovery processes for non-compliance
- recognise the role of tangata whenua and te ao Māori in stormwater management and kaitiakitanga (guardianship)
- comply with the Local Government (Water Services) Act 2025.
These changes are intended to provide a stronger, clearer framework for managing stormwater in Tauranga, supporting our goals for environmental protection, community health, and resilience to climate change.
Key proposed changes
What’s changing?
- The name of the bylaw to “Stormwater Bylaw 2026”.
- Updated definitions and terminology.
- Reframing of the purpose of the bylaw.
- Clearer requirements for pollution prevention and responsibility to report unauthorised discharges.
- Mandatory compliance with the Infrastructure Development Code for new stormwater works and vested assets.
- Three-step approval process for new connections to the public stormwater network.
- Stronger provisions for recovering costs from those who fail to comply.
- Explicit protection of the stormwater network from damage, interference, and unauthorised building over or near assets.
- Statement of infringement offences under the bylaw.
Why?
- To signal that the purpose of the bylaw is wider than just pollution prevention.
- To align with current practice and the Local Government (Water Services) Act 2025 (e.g., use of “water service provider”).
- To reflect the alignment of the bylaw with Tauranga City Council strategies and include recognition of tangata whenua perspectives and kaitiakitanga in the purpose and approach of the bylaw.
- To require that people take reasonable steps to prevent pollution of the stormwater network and report unauthorised discharges into the stormwater network. Reinforcing the intention to prevent pollution events and addressing the issue that the recovery of costs associated with cleaning up events can be challenging.
- Addressing issues with the condition, quality and durability of network components when they are connected to, or vested in, the Tauranga stormwater network.
- Specifying the three-step process required by section 150 of the Local Government (Water Services) Act 2025.
- If required management, treatment, or works are not done as instructed by Tauranga City Council or the water service provider, the council or provider can charge occupiers for inspection and monitoring costs. This helps to address rising costs from checking business sites that do not comply.
- To address a lack of clarity about tampering with components of the stormwater network and the of cost recovery when components of the stormwater network are damaged.
- To enable Tauranga City Council or the water service provider to issue infringement notices and fees, encouraging compliance with the bylaw, in accordance with section 269 of the Local Government (Water Services) Act 2025.