Avulsion – The Napier Experience
Presenter
Rachel Mogensen, Senior Corporate Counsel
November 2014
Pre - Earthquake
Source: teara.govt.nz
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Post - Earthquake
Source: teara.govt.nz
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Pre - Earthquake
Source: http//knowledgebank.org.nz
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Post - Earthquake
Source: http//knowledgebank.org.nz
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The Government Solution
A legislative response:
 Hawkes Bay Earthquake Act 1931 – financial assistance.
 Land Transfer (Hawkes Bay) Act 1931 – title issues.
 1932 Regulations – survey issues.
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Avulsion – what is it?

The sudden loss or addition of land by the action of water.

Not to be confused with:
Accretion
Dereliction/
Reliction
Erosion
Alluvion
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Reclamation
Avulsion – what is it?
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Avulsion – what is it?
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Avulsion – why is it important?
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Avulsion – why is it important?
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Avulsion – why is it important?
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A Short History Lesson
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
Accretion – gradual and imperceptible – property boundary moves.

Avulsion – sudden or violent – property boundary remains the same.

The reasons for the distinction has been debated since as early as the 1200’s.

Early views on reason for distinction was that with accretion it was difficult to
determine where the original boundary was and consequently what land was
lost.

Later views – “national security”.
Is it relevant today?
Legislation:
 Resource Management Act 1991.
 Building Act 2004.
 Marine and Coastal Area (Takutai Moana) Act 2011.
Case law
 Eldridge v Beange (2005).
 Valetta Farms Limited v Ashburton District Council (2007).
 Henare & Others v Horowhenua District Council (2010).
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