Challenging Auckland Council Flood-Risk Categorisations due to Special Circumstances

17 October, 2025 | Tam Irvine

Since its introduction in 2024, thousands of Auckland property owners have had their properties assessed for flood risk by the Auckland Council. These assessments were made in response to the widespread flood-damage inflicted by Cyclone Gabrielle in February 2023.

The outcome of such an assessment is a Council-determined property categorisation that, in turn, has implications for the amount of flood compensation that is available to homeowners (if any), see: Understanding Auckland Council’s Storm and Flood Damage Property Buy-Back Scheme

Seeking a Categorisation or Valuation Review

Homeowners had 3 months from the date of categorisation to seek a review of that categorisation. While Council is still processing many such review applications, it is no longer accepting new applications for review of the risk category given to your property.

It is still possible to apply for review of the valuation (or other calculation) underpinning the category 3 buyout offer. Such a dispute must be supported by an alternative property valuation.

Seeking a Review Based on the Existence of Special Circumstances

Smith and Partners have received many enquiries from affected homeowners who are unhappy with the outcome of their initial risk assessment but who believe they have exhausted their review options.

There is one possible alternative pathway for property owners in this situation – an application for a review based on the consideration of special circumstances.

Whilst the Council’s guidance document on the application of special circumstances (Guidance on the application of Special Circumstances) indicates that the special circumstances in relation to categorisation must be raised within 3 months of categorisation, we have had some success in getting Council to agree to consider special circumstances applications outside of the 3 month window, for homeowners whose original (in-time) review was declined.

If a special circumstances application seeks a departure from the Buyout Scheme Terms, a homeowner can raise an application at any point during the buyout process, however these must be received by council within one month of a homeowner receiving council’s purchase offer.

A decision to grant a review on the basis of special circumstances is made on a case-by-case basis having regard to:

• The nature of the special circumstances and the extent of (and any implications of) departure from the Categorisation Approach or Scheme Terms.
• The level of any increased cost to the council resulting from the departure from the Categorisation Approach or Scheme Terms.
• Whether departure in an individual case is consistent with the overarching policy objective:
• in respect of the Categorisation Approach, to permanently remove or reduce the intolerable risk to life posed by some residential properties due to the severe weather events; or
• in respect of the Scheme Terms, to support Aucklanders to voluntarily relocate from residential housing situations on properties that pose an intolerable risk to their lives.
• Whether departure in an individual case is consistent with the further objectives guiding the council’s policy approach (i.e. whether departure is effective, affordable, fair and consistent with policy intent, and equitable).

Council has explicitly noted that the special circumstances pathway is to deal with exceptional cases only, and that financial hardship is not a factor that will be considered.

Conclusion

Given the special circumstances pathway is discretionary, it is impossible to predict the likely outcome of any given application.

While this review process is intended to be navigable for non-lawyers, it is understandable that many affected Aucklanders are unsure about how best to bring a review application to the Council’s attention.

Such an application not only requires navigating the review pathways itself, but they also require the collection of expert information (for example from registered property valuers, or consultant geotechnical experts for the purposes of identifying flood or landslip dangers).

While this is doable (with time and effort) an easier option could be first consult valuer, geotechnical expert or legal adviser.

Want to know more?

Smith and Partners have experience with assisting affected homeowners. Please fill out the form below to become a client and make an appointment to discuss your situation.