110715 genesis energy further submissions on proposed …...6 genesis energy further submission on...

15 July 2011

The Chief Executive

Waikato Regional Council

P.O. Box 410

Hamilton 3247

By email: [email protected]

Attention: Elizabeth McKnight

Dear Elizabeth,

Further Submissions of Genesis Energy on the Proposed Waikato Regional Policy Statement

Please find attached Genesis Energy’s further submissions on the Proposed Waikato Regional Policy Statement 2010.

Genesis Energy wishes to be heard on these further submissions.

If others make similar submissions, then Genesis Energy will be prepared to consider presenting a joint case with them during the hearing.

Yours sincerely

Jeremy Stevenson-Wright

Environmental Policy Manager

T: 04 495 3340

M: 021 827 860

F: 04 495 6363

Email: [email protected]

11 Chews Lane PO Box 10568 The Terrace Wellington 6143 New Zealand

Genesis Power Limited trading as Genesis Energy

Genesis Energy further submission on the Proposed Bay of Waikato Regional Policy Statement 2010 2

Submitter Matter

Number Provision Support/

Oppose Reason

Environmental Defence Society Inc

77.13 77.14 77.16 77.18 77.19 77.24 77.25 77.26 77.30 77.32 77.56

Objective 3.7 Objective 3.9 Objective 3.12 Objective 3.14 Objective 3.15 Objective 3.22 Objective 3.23 Objective 3.24 Policy 4.1 Method 4.1.2 Policy 7.2

Oppose. These submissions are too general. The specific outcomes being sought are not clear, and therefore we are unable to form a judgement as to its practical implementation. In addition, EDS makes a number of submissions seeking objectives and policies quantify the environmental outcomes they seek to achieve, and that those objectives include a specific date by which that shall be done. While EDS may see theoretical merit in including additional and concrete specificity in the RPS objectives and policies, in practice Genesis Energy considers the concept to be subject to significant constraints, and to be inappropriate.


Submitter Matter Number

Provision Support/ Oppose

Reason

H Brookie

47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34

General Issue 1.2 Issue 1.3 Issue 1.4 Section 2.4 Objective 3.1 Objective 3.2 Objective 3.3 Objective 3.5 Objective 3.11 Objective 3.22 Objective 3.23 Part B Method 4.1.9 Method 4.1.11 Method 4.1.15 Method 4.2.11 Method 4.2.12 Method 6.1.3 Method 8.1.1 Method 8.1.5 Method 8.1.6 Method 8.2.2 Policy 8.3 Policy 8.4 Method 8.5.1 Method 8.5.2 Method 12.4.2 Policy 12.6 12A Chapter 13 Method 13.2.4 Section 15.4 Glossary

Oppose Genesis Energy further opposes the relief sought by the submitter because it: (a) Does not promote sustainable management of resources and will not achieve the purpose of the RMA; (b) Is contrary to Part II and other provisions of the RMA; (c) Will not meet the reasonably foreseeable needs of future generations; (d) Will not enable social, economic and cultural well being; (e) Is otherwise contrary to the purposes and provisions of the RMA.




Reason

GENERAL SUBMISSIONS Wairarapa Moana Ki Pouakani (Wairarapa Moana Farms)

33.1 General Oppose in part. It is appropriate to protect and promote electricity generation in the region, particularly existing nationally important physical resources such as the Huntly Power Station.

Energy Efficiency and Conservation Authority

131.1 General Support. In order to give effect to the National Policy Statement on Renewable Electricity Generation (“NPSREG”) it is important that the RPS adequately addresses the issues raised by the submitter.

TrustPower Ltd 182.1 General Support. In order to give effect to the NPSREG it is important that the RPS adequately addresses the issues raised by the submitter.

INTRODUCTION Fonterra Co-operative Group Ltd

114.15 Introduction Oppose in part. s62(3) of the RMA requires regional policy statements to give effect to operative national policy statements, not proposed national policy statements such as the Proposed NPS for Indigenous Biodiversity. Genesis Energy’s made a submission on the Proposed NPS on Indigenous Biodiversity expressing our concerns with a number of the provisions proposed and suggesting changes. Further, to the best of our knowledge the Minister has not made a decision on this NPS..

Ravensdown Fertiliser Co-operative Ltd

183.1 Introduction Support. s43B(1) of the RMA states that a rule or resource consent more stringent than a national environmental standard prevails over the standard only if the standard expressly says that it may be more stringent than it. It is appropriate to amend wording in the Introduction to reflect this.

PART A G H A Kessels 106.1 Part A Oppose. A “no net loss” approach to protecting biodiversity as specified in the

proposed definition is inconsistent with the s5 approach to managing effects of activities on the environment and in particular, the provision for mitigation and anticipation that some adverse effects of activities will be appropriate in order to promote sustainable management.

CHAPTER 1: ISSUES Waikato District Council 27.2 New issue Support. The use and development of natural and physical resources in a way or at a

rate which allows people and communities to provide for their wellbeing is a cornerstone of sustainable management under the RMA. It is therefore clearly a key issue for the Waikato Region that should be identified in the RPS.




Reason

Horticulture New Zealand 43.1 New issue Oppose in part. Genesis Energy opposes the new issue proposed by the submitter to the extent it may be included in a manner which expresses relative priority to primary production over the allocation requirements of nationally important infrastructure, including electricity generation.

Hamilton City Council 94.5 New issue Support in part. Competing demand for water is clearly an important issue in the Waikato Region and should be addressed. Genesis Energy notes it is important any additional issue included specifically addresses the allocation requirements of the nationally significant electricity generation facilities in the Waikato Region, including the Tongariro Power Scheme, Waikato Hydro Scheme and Huntly Power Station.

Mighty River Power Ltd 142.1 New issue Oppose in part. The Waikato Hydro Scheme is part of an integrated electricity generation system in the region, which also includes the Tongariro Power Scheme and the Huntly Power Station. The new issue should address the full system.

Ravensdown Fertiliser Co-operative Ltd

183.3 New issue Support. Each of the six sub-issues within Issue 1.1 is sufficiently important and complex to warrant their own standalone issue.

Issue 1.1 State of resources Environmental Defence Society Inc

77.1 Issue 1.1 Support in part. Agricultural conversions are clearly a major issue for the region which the RPS should address.


131.3 Issue 1.1 Support. The Waikato Region contains both natural energy resources and energy-related physical resources. Energy is also included within the s2 definition of “natural and physical resources” and therefore should be explicitly referred to in the Explanation of Issue 1.1.

Watercare Services Ltd 134.4 Issue 1.1 Support. Infrastructure plays an important role in enabling people and communities to provide for their health and wellbeing and should be provided for in the RPS.

Issue 1.2 Effects of climate change Meridian Energy Ltd Energy Efficiency and Conservation Authority

19.2 131.4

Issue 1.2 Oppose. Issue 1.2, as notified, correctly addresses the effects of climate change and the need to adapt to those effects in accordance with s7(i). The proposed amendments inappropriately expand and confuse the important issue of adapting to climate change by including reference to mitigation. To the extent mitigation of climate change be included in the RPS, it should be limited to recognising and providing for the benefits of renewable electricity generation as per the associated NPS, and is more appropriately addressed in Issue 1.3.




Reason


77.2 Issue 1.2 Support. Adaptation to climate change is an important part of managing natural and physical resources in the Waikato Region.

Issue 1.3 Providing for energy demand Meridian Energy Ltd 19.3 Issue 1.3 Support. As noted in the NPSREG, renewable electricity generation is subject to a

number of locational, functional, technical and operational factors which the RPS should recognise and provide for.


77.3 Issue 1.3 Oppose. The RPS should not express a preference for renewable over other forms of generation. To the extent renewable electricity generation is addressed, it should be limited to recognising and providing for its benefits. In particular, the RMA does not allow for other generation to be prejudiced due to its greenhouse gas emissions as suggested in the submission. With respect to the promotion of renewable electricity generation in the RPS, it should include identifying valued renewable energy resources and directing that plan provisions be included to protect such resources and promote their development. In relation to the direction given in the RPS to minimise conflict when identifying sites for electricity generation, it is important the RPS does not prejudge a resource’s suitability for development based on the other natural and physical resources that surround it, and the provisions should allow for determination to be made on a case by case basis.

Issue 1.4 Managing the built environment Hamilton City Council 94.3 Issue 1.4 Support in part. Provisions are supported, to the extent they do not intimate the need to

include objectives and policies in the RPS or in plans which would compromise access to water by existing users.

Fonterra Co-operative Group Ltd

114.21 Issue 1.4 Support. The management of increasing demand on constrained resources, and the effects of that increasing demand on existing resource users is important and should be recognised in the RPS.

Mighty River Power Ltd 142.3 Issue 1.4 Support. As noted in Policy B of the NPSREG, protection of existing generation sites is of paramount importance.

CHAPTER 3: OBJECTIVES




Reason

Wairarapa Moana Ki Pouakani Incorporation

33.3 Chapter 3 Oppose. The RMA requires that effects be avoided, remedied or mitigated. There is no requirement to include offsets in addressing the effects of an activity, or that all effects need be compensated for in some way. Rather offsetting is a method that applicants may consider as part of mitigating adverse effects. Non-renewable electricity generation in the region, particularly the Huntly Power Station, is a nationally important physical resource which needs to be recognised and provided for in the RPS. It is inappropriate for the RPS to set as an objective that such Huntly Power Station lose access to the natural resources on which they rely for the operation.

Fonterra Co-operative Group Ltd

114.23 Chapter 3 Support. The RPS should seek to enable the sustainable use of the region’s natural and physical resources to support the wellbeing of people and communities as this is a core aspect of sustainable management.

Objective 3.1 Integrated Management Transpower New Zealand Ltd 45.4 Objective 3.1 Support. Significant infrastructure is an important physical resource which must be

managed as part of the sustainable management of natural and physical resources in the region.

Advisory Committee for Regional Environment

82.8 Objective 3.1 Support. Significant infrastructure is an important physical resource which must be managed and provided for as part of the sustainable management of natural and physical resources in the region.

Objective 3.2 Decision making Waikato District Council 27.3 Objective 3.2 Support. The use and development of natural and physical resources in a way, or at a

rate, which allows people and communities to provide for their wellbeing is a cornerstone of sustainable management under the RMA. This should be recognised in the RPS.

Mighty River Power Ltd 142.4 Objective 3.2 Support. The application of the precautionary principle should be restricted to situations where it would be appropriate. The use of adaptive management is a valuable tool in managing the effects of activities to achieve sustainable management.

Objective 3.3 Health and wellbeing of the Waikato River Environmental Defence Society Inc

77.9 Objective 3.3 Oppose The specific outcomes being sought by this submission are not clear and Genesis Energy is concerned as to its practical implementation.

Objective 3.4 Energy




Reason

Horticulture New Zealand 43.12 Objective 3.4 Oppose. The submission implies that electricity generation should, in some way, be managed to avoid conflict with, and to provide for, other water users. The electricity generation capacity supported by the Waikato River is nationally significant, and is subject to significant sunk investment. These physical resources need to be protected in the region and not compromised to provide for other resource users.

Transpower New Zealand Ltd 45.14 Objective 3.4 Support. A proactive approach to promoting electricity generation should be taken in the region. This is what is required in the NPSREG. “Maintained and developed” is more appropriate wording.


77.10 Objective 3.4 Oppose. While more specificity in Objective 3.4 is supported, the proposed relief is inappropriate. Affording priority to renewable energy relative to fossil fuel generation does not sufficiently protect the Huntly Power Station, a nationally important physical resource, nor does it promote new renewable electricity generation facilities in the Waikato. The proposed relief also does not promote the use and development of renewable electricity generation development to the extent needed to give effect to the NPSREG.

Contact Energy Ltd 141.5 Objective 3.4 Support. A proactive approach to promoting electricity generation should be taken in the region. This is what is required to give effect to the NPSREG.

TrustPower Ltd 182.4 Objective 3.4 Support. It is important the objective recognises and seeks to overcome the barriers facing the use and development of renewable energy. The proposed additions would give effect to the NPSREG.

Objective 3.9 Efficient use of resources Solid Energy New Zealand Ltd 133.8 Objective 3.9 Support. It is inappropriate to focus on waste minimisation in Objective 3.9 as it is only

one aspect of efficient use. In some situations, efficient use of a physical resource requires the generation of waste.

Objective 3.10 Air Quality Energy Efficiency and Conservation Authority

131.10 Objective 3.10 Oppose. The PM10 discharged from an activity is dependent on much more than the renewable or finite nature of the fuel burnt, and include the level of emissions control technology included on a boiler. The benefits of lower PM10 emissions are implicit in the existing provisions of Objective 3.10.




Reason

Objective 3.11 Built Environment Environmental Defence Society Inc

77.15 Objective 3.11 Oppose. The proposed relief would be inappropriate if it restricts the ability for the effects of the built environment on landscape and natural character values to be considered and managed on a case by case basis.

Contact Energy Ltd 141.6 Objective 3.11 Support. The protection afforded transport and energy corridors should be afforded all regionally significant infrastructure, and it is inappropriate to single out one component as is done in the notified wording. The protection afforded identified mineral resources should also be afforded geothermal resources, as, like mineral resources, their use can also be sterilised by inappropriate use and development overlaying the resource.

Director General of Conservation

162.10 Objective 3.11 Oppose. The proposed relief would be inappropriate if it restricts the ability for the effects of the built environment on landscape and natural character values to be considered and managed on a case by case basis.

TrustPower Ltd 182.5 Objective 3.11 Support. To appropriately protect and provide for regionally significant infrastructure, it is important the locational and technical constraints, and sunk cost of such infrastructure are recognised and provided for.

Waikato Regional Council 198.6 Objective 3.11 Support. It is important that the RPS recognises the locational constraints of renewable energy development. This is also required to give effect to the NPSREG.

Objective 3.13 Mauri and health of fresh water bodies Silver Fern Farms Ltd 75.4 Objective 3.13 Oppose. Whilst the RPS should (and in our view does) provide general policy direction

as to water quality in the region, it is inappropriate for it to set generic water quality parameters that water bodies must be managed to achieve. Parameters should only be imposed after a robust determination on a catchment or sub catchment basis, considering the existing circumstances in the water body, on a case by case basis, including any significant infrastructure it may support.

Hamilton City Council 94.13 Objective 3.13 Oppose in part.

To achieve sustainable management, any reference to domestic and municipal supply in clause a) should be restricted to the existing and the reasonably justified and foreseeable future domestic or municipal supply requirements of individuals and communities.

Objective 3.14 Allocation and use of fresh water




Reason

Rotorua District Council 3.10 Objective 3.14 Oppose. Top priority should also apply to takes for electricity generation, stock watering supplies, animal welfare and sanitation, perishable food processing and permitted RMA s14(3)(b) takes. Top priority should only be afforded to the existing and the reasonably justified and foreseeable future domestic or municipal supply requirements of individuals and communities and should exclude any component for industrial or agricultural use exceeding 15m3 per user or property per day.

Horticulture New Zealand 43.22 Objective 3.14 Oppose in part. Any temporal or spatial priorities and/or shared water use should not adversely affect existing electricity generation facilities.

Waipa District Council 92.15 Objective 3.14 Oppose in part. We agree that to achieve sustainable management, reference to domestic and municipal supply should be restricted to the existing and the reasonably justified and foreseeable future domestic or municipal supply requirements of individuals and communities. However, the new clause proposed by the submitter should only be included in Objective 3.14 if other significant infrastructure users, including electricity generation, are also included.

Hamilton City Council 94.14 Objective 3.14 Oppose in part. We agree that to achieve sustainable management, reference to domestic and municipal supply should be restricted to the existing and the reasonably justified and foreseeable future domestic or municipal supply requirements of individuals and communities. However, the new clause proposed by the submitter should only be included in Objective 3.14 if other significant infrastructure users, including electricity generation, are also included.

Watercare Services Ltd 134.5 Objective 3.14 Oppose in part. We agree that to achieve sustainable management, reference to domestic and municipal supply should be restricted to the existing and the reasonably justified and foreseeable future domestic or municipal supply requirements of individuals and communities. However, the new clause proposed by the submitter should only be included in Objective 3.14 if other significant infrastructure users, including electricity generation, are also included.




Reason


131.12 Objective 3.14 Support. In order to achieve sustainable management, it is important that initial allocation of water recognises and provides for existing lawfully established water users.

Waikato Regional Council 198.9 Objective 3.14 Oppose. Natural flow variability is not always required to sustain biodiversity values. Artificial and site specific flow variability can also achieve the desired outcome.

Objective 3.15 Riparian areas and wetlands King Country Energy Ltd 113.11 Objective 3.15 Support. It is important the locational and functional constraints of activities are

considered when managing riparian areas. Objective 3.16 Geothermal Energy Efficiency and Conservation Authority

131.13 Objective 3.16 Support. Objective 3.16, including the proposed amendments, is appropriate to promote the sustainable management of the regions geothermal resources.

Waikato Regional Council 198.11 Objective 3.16 Support. The existing policy direction in the Operative RPS promotes sustainable management.

Objective 3.18 Ecological integrity and indigenous biodiversity Transpower New Zealand Ltd 45.10 Objective 3.18 Support. Objective 3.18 is consistent with the approach of the RMA. Sustainable Waikato 110.3 Objective 3.18 Oppose. The “no net loss” approach is an inappropriate threshold for managing the

region’s biodiversity and does not give sufficient regard to the use and development of the region’s natural and physical resources.

Objective 3.20 Amenity Horticulture New Zealand 43.28 Objective 3.20 Support. Objective 3.20 promotes sustainable management and is consistent with s7

of the RMA. Objective 3.21 Natural character Environmental Defence Society Inc

77.23 Objective 3.21 Oppose. The current wording of Objective 3.21 appropriately gives effect to the NZCPS 2010.

Objective 3.25 High class soils Environmental Defence Society Inc

77.27 Objective 3.25 Oppose in part. The determination of whether an activity is “inappropriate” within the scheme of the RMA must be made on a case by case basis considering the full range of matters under Part 2.

PART B OF THE PROPOSED RPS Ventus Energy (NZ) Ltd 70.2 Part B Support. The protection of valuable wind resources in the region is consistent with the

need to provide for renewable electricity generation as required by the NPSREG.




Reason

Mapara Valley Preservation Society

78.22 Part B Support. The recognition of valuable wind resources in the region is consistent with the need to provide for renewable electricity generation as required by the NPSREG.

CHAPTER 4: INTEGRATED MANAGEMENT Te Whakaoranga o Karioi Incorporated Society

108.7 Chapter 4 Oppose. Benchmarking policies with respect to environmental values should be addressed in the value-specific sections of Part B.

Whaingaroa Environmental Defence Incorporated Society

125.9 Chapter 4 Oppose. Benchmarking policies with respect to environmental values should be addressed in the value-specific sections of Part B.

Policy 4.1 Integrated approach Hamilton City Council 94.19 Policy 4.1 Support. Integrated resource management is important to promote the sustainable

management of natural and physical resources. Method 4.1.9 Planning approach Mighty River Power Ltd 142.14 Method 4.1.9 Support. The precautionary approach should only be required in appropriate situations. Method 4.1.11 Economic instruments Hamilton City Council 94.23 Method 4.1.11 Support. The use of economic instruments is a complex issue, and if the RPS is to

address it, direction should be provided as to when and how they would be appropriate. Otherwise, Method 4.1.11 should be deleted.

CHAPTER 5: AIR Policy 5.3 Limit adverse effects on amenity Mighty River Power Ltd 142.16 Policy 5.3 Support. In order to promote sustainable management, it is important the RPS

addresses the management of reverse sensitivity effects in relation to sensitive land uses locating close to established industrial sites.

CHAPTER 6: BUILT ENVIRONMENT Policy 6.1 Planned and co-ordinated development Environmental Defence Society Inc

77.37 Policy 6.1 Oppose. Urban development, as referred to in the RPS in its current form, could include significant infrastructure. Due to the technical, locational and functional constraints of energy related facilities, it is inappropriate to prescribe in the RPS where such infrastructure development may occur in the future.

Method 6.1.4 District plan provisions for rural-residential development Waipa District Council 92.33 Method 6.1.4 Support. The RPS should provide a definition of urban development and state in that

definition that infrastructure is explicitly excluded.




Reason

Mighty River Power Ltd 142.18 Method 6.1.4 Support. The protection of planned generation facilities and their access routes is an important part of appropriately providing for renewable energy development and is consistent with giving effect to the NPSREG.

Method 6.1.5 Growth strategies Hamilton City Council 94.50 Method 6.1.5 Oppose in part. While it may be appropriate to identify a spatial pattern of some infrastructure

development, i.e. roads and the electricity grid, it is not appropriate to do so for electricity generation, which has specific locational requirements.

Method 6.1.7 Information to support new urban development Vector Gas Ltd 14.2 Method 6.1.7 Support in part. In order to promote sustainable management, potential reverse sensitivity

effects on regionally significant infrastructure when zoning new urban development is an important consideration.

Waipa District Council 92.36 Method 6.1.7 Support. Availability of water for domestic and municipal supply is a key issue in the Waikato Region and should be considered when planning for new urban development.

Policy 6.2 Planning for development in the coastal environment Meridian Energy Ltd 19.8 Policy 6.2 Support. It is important the locational requirements of renewable electricity generation

are recognised and provided for the RPS. Doing so is required to give effect to the NPSREG.


77.39 Policy 6.2 Oppose in part. It is inappropriate to spatially map coastal areas in a manner which would effectively prevent the appropriate sustainable development of a renewable energy resource. We consider to do so would not promote sustainable management and would not give effect to the NPSREG.

Method 6.5.1 District plan provisions King Country Energy Ltd 113.21 Method 6.5.1 Support. In order to give effect to the NPSREG, district plans should be encouraging

the use of all renewable energy technology and renewable electricity generation, particularly in their respective districts.

Method 6.6.1 Plan provisions New Zealand Wind Energy Association

32.10 Method 6.6.1 Support. In order to give effect to the NPSREG, it is important that districts promote the development of their renewable energy resources.

Policy 6.13 Adopting Future Proof land use pattern Waikato District Council 27.17 Policy 6.13 Support. The Huntly Power Station is a nationally important physical resource and

should be recognised and provided for in the RPS. When locating wet industries, in order to promote sustainable management, it is appropriate to take into account the water needs of the Huntly Power Station.

Section 6A Development principles




Reason

New Zealand Wind Energy Association

32.11 Section 6A Support. The new development principle proposed by the submitter gives effect to the NPSREG.


131.39 Section 6A Support. The new development principle proposed by the submitter gives effect to the NPSREG.

Waikato Regional Council 198.43 Section 6A Oppose. The NPSREG requires councils to provide for the use of renewable energy resources. Inevitably some of these resources will be located in the vicinity of areas of high value landscapes, natural character and amenity. However, rather than seeking to simply avoid adverse effects by encouraging such renewable electricity generation to locate elsewhere, 6A should be promoting that site specific solutions for managing these effects be developed.

Policy 7.1 Interests in the coastal marine area Environmental Defence Society Inc

77.52 Policy 7.1 Oppose in part. Any revised policy should be clear that it does not restrict the location of appropriate renewable electricity generation projects in the coastal marine area.

Method 7.1.1 Allocation of space within the coastal marine area TrustPower Ltd 182.18 Method 7.1.1 Support. The proposed amendments are consistent with the NPSREG which requires

councils to promote the development and renewable electricity generation. CHAPTER 8: FRESH WATER BODIES Policy 8.1 Approach to managing water bodies Environmental Defence Society Inc

77.57 Policy 8.1 Oppose in part. The specific outcomes being sought by this submission are not clear. Therefore we are unable to form a judgement as to its practical implementation. However, we consider that it is appropriate to take a catchment based approach to water management.

Method 8.1.1 Integrated catchment management of water resources DairyNZ 34.20 Method 8.1.1 Support It is appropriate to take a catchment based approach to water management. Policy 8.3 All water bodies Lakes and Waterways Action Group Trust

44.10 Policy 8.3 Oppose. Any water quality targets set in a plan should apply to a water body and not to the quality of an individual discharge. Limits on an individual discharge should be set through the resource consent process considering the full range of relevant matters under the RMA.

Federated Farmers of New Zealand

168.56 Policy 8.3 Oppose in part. Clause a) as notified does not allow for maintenance of the values of the water bodies as Policy 8.3 directs, only enhancement. It is important the policy recognises maintenance may be appropriate in some cases, which requires provision for adverse effects to be “avoided, remedied or mitigated” rather than reduced.




Reason

Method 8.3.1 Point source discharges Ngati Tamaoho Trust 136.12 Method 8.3.1 Oppose. It is not technically practicable for discharges to always be of higher quality

than the receiving water. To require this would likely be prohibitive to most discharges, and would not recognise the social, economic and cultural wellbeing supported by the river.

Method 8.3.3 Non-point source discharges Horticulture New Zealand 43.90 Method 8.3.3 Oppose. Any allocation priorities should be set based on the full breadth of matters

under Part 2 of the RMA, not just the relative efficiency of an individual use. There are other provisions which address point source discharges, and the focus of Method 8.3.3 should remain on non-point source discharges.

Hamilton City Council 94.92 Method 8.3.3 Support in part. Non-point source discharges are a major issue in the Waikato Region and should be addressed accordingly.

Method 8.3.4 Establish allocation baselines DairyNZ 34.29 Method 8.3.4 Support. Method 8.3.4 is appropriate and will assist in promoting the purpose of the

RMA. Method 8.3.9 Effects of subdivision, use and development TrustPower Ltd 182.24 Method 8.3.9 Support in part. Modified flow regimes form a fundamental part of water management in the

Waikato Region. It is inappropriate to direct district plans to seek natural flow regimes be maintained.

Method 8.5.2 Regional and district plans Matamata-Piako, Hauraki, South Waikato, Thames-Coromandel, Otorohanga and Waitomo District Councils

184.167 Method 8.5.2 Support Method 8.5.2 is appropriate and should be retained.

Policy 8.6 Allocating fresh water Taupo District Council 8.16 Policy 8.6 Support. Policy 8.6 is appropriate for addressing the allocation of water in the Waikato

Region under the RMA. Environmental Defence Society Inc

77.68 Policy 8.6 Oppose. The decision to allocate flow above the environmental flow or level should be made considering the full breadth of relevant matters under the RMA including recognising existing lawfully established users and significant infrastructure (particularly nationally significant electricity generation), not just those select values in Objective 3.13 a) and b).




Reason

Waipa District Council 92.56 Policy 8.6 Oppose The relief sought by the submitter does not afford sufficient weight to the allocation requirements of nationally important physical resources in the region such as the Huntly Power Station, or the allocation requirements of renewable electricity generation.

Hamilton City Council 94.103 Policy 8.6 Oppose. The relief sought by the submitter does not afford sufficient weight to the allocation requirements of nationally important physical resources in the region such as the Huntly Power Station, or the allocation requirements of renewable electricity generation.

Watercare Services Ltd 134.10 Policy 8.6 Oppose. The relief sought by the submitter does not afford sufficient weight to the allocation requirements of nationally important physical resources in the region such as the Huntly Power Station, or the allocation requirements of renewable electricity generation.

Method 8.6.1 Manage allocation of water Environmental Defence Society 77.69 Method 8.6.1 Oppose. The decision to allocate flow above the environmental flow or level should be

made considering the full breadth of relevant matters under the RMA including recognising existing lawfully established users and significant infrastructure (particularly nationally significant electricity generation), not just those select values in Objective 3.13 a) and b).

Hamilton City Council 94.104 Method 8.6.1 Oppose. The protection of existing electricity generation activities in the Waikato Region is an important part of sustainably managing its natural and physical resources. Any reference to “domestic and municipal supply” should be narrowed down to “the existing and reasonably justified and foreseeable domestic and municipal supply requirements”.

Watercare Services Ltd 134.11 Method 8.6.1 Oppose. Any reference to “domestic and municipal supply” should be narrowed down to “the existing and reasonably justified and foreseeable domestic and municipal supply requirements”.

Method 8.6.2 Manage increasing water demand




Reason

Environmental Defence Society 77.70 Method 8.6.2 Oppose. To promote sustainable management, allocation should only be made after providing for existing significant infrastructure including existing electricity generation. The decision to allocate flow above the environmental flow or level should be made considering the full breadth of relevant matters under the RMA, not just those select values in Objective 3.13 a) and b)

Policy 8.7 Efficient allocation and use of water Horticulture NZ 43.101 Policy 8 Oppose Irrespective of whether that water body is heavily allocated, the full range of

relevant matters under the RMA should be considered when affording priority to a particular application relative to others, not just its relative efficiency of use.

Taupo District Council 8.18 Policy 8.7 Support. Policy 8.7 as notified is worded appropriately and should be retained. Watercare Services Ltd 134.12 Policy 8.7 Oppose. The full range of relevant matters under the RMA should be considered when

determining an application for allocation, irrespective of whether that water body is heavily allocated.

Method 8.7.1 Manage the allocation and use of water Mighty River Power Ltd 142.44 Method 8.7.1 Support. Method 8.7.1 should recognise there instances where the transfer of

groundwater or surface water takes may not be appropriate. CHAPTER 9: GEOTHERMAL Method 9.2.1 Classification of geothermal systems Waikato Regional Council 198.70 Method 9.2.1 Support. An important component of the NPSREG is the requirement for regional

policy statements to include objectives, policies and methods to provide for activities associated with the investigation, identification and assessment of potential sites and energy sources for renewable electricity generation.

Method 9.3.1 Significant geothermal features within Protected, Research and Small Geothermal Systems Contact Energy Ltd 141.22 Method 9.3.1 Support. An important component of the NPSREG is the requirement for regional

policy statements to include objectives, policies and methods to provide for activities associated with the investigation, identification and assessment of potential sites and energy sources for renewable electricity generation.

Method 9.3.4 Mitigation of adverse effects Contact Energy Ltd 141.24 Method 9.3.4 Support. Mitigation should not be restricted by council boundaries. Method 9.4.1 Large-scale takes and use Contact Energy Ltd 141.26 Method 9.4.1 Support. Mitigation should not be restricted by council boundaries. Policy 9.7 Research Geothermal Systems




Reason

Contact Energy Ltd 141.28 Policy 9.7 Support. In recognising the role of Research Geothermal Systems, Policy 9.7 should focus on protecting their geothermal characteristics from long-term adverse effects and facilitate research into their suitability for development.

Waikato Regional Council 198.79 Policy 9.7 Support. Amendments to Policy 9.7 providing greater clarity are supported. Method 9.7.1 Takes, discharges and other activities in Research Geothermal Systems Contact Energy Ltd 141.29 Method 9.7.1 Support. It is appropriate to amend clause b) to reflect the intention of the Research

Geothermal System classification. Mitigation should also not be restricted to the affected geothermal system and for geothermal developments offsite mitigation is often an effective way of promoting sustainable management.

CHAPTER 11: INDIGENOUS BIODIVERSITY Policy 11.1 Maintain or enhance indigenous biodiversity Environmental Defence Society Inc

77.73 Policy 11.1 Oppose. A hierarchy for avoiding, remedying or mitigation adverse effects is inconsistent with s5 of the RMA which allows for such a determination to be made on a case by case.

Method 11.1.3 Remediation and mitigation Waikato Biodiversity Forum 30.11 Method 11.1.3 Oppose. The wording proposed by the submitter implies that all adverse effects

should be offset in some way. It is not practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.

Environmental Defence Society 77.74 Method 11.1.3 Oppose. s62(3) of the RMA requires regional policy statements to give effect to operative national policy statements, not proposed national policy statements such as the Proposed NPS for Indigenous Biodiversity. Genesis Energy made a submission on the Proposed NPS on Indigenous Biodiversity expressing our concerns with a number of the provisions proposed and suggesting changes. Further, to the best of our knowledge the Minister has not made a decision on this NPS.

Waipa District Council 92.64 Method 11.1.3 Oppose. The wording proposed by the submitter implies that all adverse effects should be offset in some way. It is not always practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.




Reason

Te Whakaoranga o Karioi Incorporated Society

108.4 Method 11.1.3 Oppose. The wording proposed by the submitter implies that all adverse effects should be offset in some way. It is not practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.

K Denyer 120.3 Method 11.1.3 Oppose. The “no net loss” approach is an inappropriate threshold for managing the region’s biodiversity and does not give sufficient regard to the use and development of the region’s natural and physical resources.

Whaingaroa Environmental Defence Incorporated Society

125.6 Method 11.1.3 Oppose. The wording proposed by the submitter implies that all adverse effects should be offset in some way. It is not practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.

Waikato Regional Council 198.86 Method 11.1.3 Oppose. The wording proposed by the submitter implies that all adverse effects should be offset in some way. It is not practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.

Policy 11.2 Protect significant indigenous biodiversity Environmental Defence Society Inc

77.75 Policy 11.2 Oppose in part. Genesis Energy sees some advantages in identifying areas of significant indigenous vegetation and significant habitats of indigenous fauna, however the proposed relief prejudges activities that are inappropriate in those areas. Plans should identify the significant values and express preference for their protection, but must still allow for determination of the appropriateness of an activity which affects such areas to be made on a case by case basis.

Contact Energy Ltd 141.32 Policy 11.2 Support. Significant geothermal features should be managed according to the geothermal provisions in the RPS.

Method 11.2.1 Identify significant natural areas Federated Farmers of New Zealand

168.94 Method 11.2.1 Support. It is unclear how the identified significant natural areas relate to the identification of s6(c) areas of significant indigenous vegetation and significant habitats of indigenous fauna (which is done at a district scale) and how it relates to territorial authorities’ mandate for managing biodiversity.

Method 11.2.2 Protect significant areas




Reason

Waikato Biodiversity Forum 30.18 Method 11.2.2 Oppose. The wording proposed by the submitter implies that all adverse effects should be offset in some way. It is not practicable to seek such outcomes while affording sufficient weight to the importance of using or developing resources to support social, economic and cultural wellbeing, and therefore does not promote sustainable management.

New Zealand Wind Energy Association

32.14 Method 11.2.2 Support. The proposed relief is consistent with the intent of the RMA and the requirements of the NPSREG.

Environmental Defence Society 77.76 Method 11.2.2 Oppose. s62(3) of the RMA requires regional policy statements to give effect to operative national policy statements, not proposed national policy statements. Genesis Energy considers there are significant problems with Policy 5 and Schedule 2 of the Proposed Biodiversity NPS.

Section 11A Criteria for determining significance of indigenous biodiversity Hancock Forest Management (NZ) Ltd

73.22 Section 11A Support in part. The fourth criterion is inappropriate in its current form. It is much too broad in the habitat it encompasses and is not a true reflection of the vegetation or habitat actually present. If criteria 4 is to be retained (and Genesis Energy does not think it should be) the provision of a minimum size for LENZ habitat is supported.

Hamilton City Council 94.119 Section 11A Support in part. The fourth criterion is inappropriate in its current form. It is much too broad in the habitat it encompasses and is not a true reflection of the vegetation or habitat actually present.

Director General of Conservation

162.81 Section 11A Oppose. The surveys for the Protected Natural Areas Programme were done in the 1980s. They are outdated and not reflective of the current significance of ecological values.

CHAPTER 12 LANDSCAPE, NATURAL CHARACTER AND AMENITY Policy 12.1 Outstanding natural features and landscapes Taupo District Council 8.33 Policy 12.1 Support. It is inappropriate for the RPS to direct outstanding natural features and

landscapes be protected from adverse effects arising from activities adjacent to such landscape/feature, as it adds a level of uncertainty for resource users.


77.79 Policy 12.1 Oppose. We support identifying areas of outstanding natural landscape provided that the criteria is robust, however the RPS must focus on managing the effects of activities, not the activities themselves. Whether the effects of an activity on an ONFL are appropriate should be made on a case by case basis and not predetermined by a plan.




Reason

Method 12.1.1 Protect values of outstanding natural features and landscapes Environmental Defence Society Inc

77.81 Method 12.1.1 Oppose. The RPS should focus on managing the effects of activities, not the activities themselves. Whether the effects of an activity on an outstanding natural feature or landscape are appropriate should be made on a case by case basis and not predetermined by a plan.

Method 12.1.2 Identify local outstanding natural features and landscapes Environmental Defence Society Inc


Method 12.1.3 Values of outstanding natural features and landscapes to tangata whenua Environmental Defence Society Inc


Policy 12.2 Other landscape values New Zealand Wind Energy Association

32.17 Policy 12.2 Support. It is more appropriate to consider maintenance and enhancement of amenity and landscape values where it is practicable to do so, rather than where it is “possible”. Although it may be theoretically possible to maintain and enhance the amenity values of a landscape this would effectively preclude the activity from taking place and would not be sustainable management of resources.


77.84 Policy 12.2 Oppose. A hierarchy for avoiding, remedying or mitigating adverse effects is inconsistent with the direction of s5 of the RMA which allows for such a determination to be made on a case by case basis.

Method 12.2.1 Regional and district plans TrustPower Ltd 182.37 Method 12.2.1 Support. Method 12.2.1 a) in its current form is confusing and relates to the effects of

activities as opposed to the identification of landscape values. The method should also acknowledge it is not always practicable to maintain or enhance landscape values.

Method 12.3.1 District and regional plans Mighty River Power Ltd 142.57 Method 12.3.1 Support. The proposed relief gives effect to the NPSREG. Method 12.3.2 Enhance natural character where compromised




Reason

Waikato Regional Council 198.95 Method 12.3.2 Oppose in part. Any mitigation works required of an activity as a result of a resource consent process should relate to the effects of that activity. It is not the role of resource consent holders to rehabilitate the natural character of water bodies which has been degraded by other users.

Policy 12.4 Protect areas of high amenity value Transpower New Zealand Ltd 45.65 Policy 12.4 Support. Policy 12.4 as notified is ambiguous and should be deleted. Method 12.4.1 Protect areas of high amenity value New Zealand Wind Energy Association

32.22 Method 12.4.1 Support. Method 12.4.1 should recognise that some development, particularly renewable electricity generation, is appropriate in certain areas.

Method 12.4.2 Amenity values of the coastal environment Meridian Energy Ltd 19.18 Method 12.4.2 Support. Method 12.4.2 as proposed does not recognise the locational constraints of

renewable energy development as required by the NPSREG. Energy Efficiency and Conservation Authority

131.55 Method 12.4.2 Support. Method 12.4.2 as proposed does not recognise the locational constraints of renewable energy development as required by the NPSREG.

Policy 12.6 Maintain or enhance public access TrustPower Ltd 182.42 Policy 12.6 Support. To ensure public safety, it is appropriate to restrict public access in some

circumstances. Section 12A Outstanding natural features and landscapes Waikato Biodiversity Forum 30.22 Section 12A Oppose. Genesis Energy opposes the inclusion of additional outstanding natural

features and landscapes in the RPS which have not been identified through a robust Schedule 1 process under the RMA.


77.80 Section 12A Oppose. Genesis Energy opposes the inclusion of additional outstanding natural features and landscapes in the RPS which have not been identified through a robust Schedule 1 process under the RMA.

Hamilton City Council 94.127 Section 12A Oppose. Genesis Energy is not aware of any robust technical assessment that determines the Waikato River to be an ONF. Without any such public assessment, we do not think the River should be scheduled as an ONF in the RPS.

Section 12B Landscape values assessment criteria TrustPower Ltd 182.40 Section 12B Support. It is appropriate to provide assessment criteria for landscape values in the

RPS. CHAPTER 13: NATURAL HAZARDS Policy 13.2 Manage activities to reduce the risks from natural hazards




Reason


77.91 Policy 13.2 Oppose in part. Some renewable electricity generation activities may be required to locate in hazard zones due to their locational constraints. Plans should allow for such activities to manage their risks from natural on a case by case basis.

TrustPower Ltd 182.43 Policy 13.2 Support. Policy 13.2 recognises that it is not always practicable to completely avoid natural hazards.

Method 13.2.1 Control of structures within primary hazard zones Winstone Aggregates 179.30 Method 13.2.1 Support. It is important to recognise the functional need for some activities to be

located in areas subject to the risk of natural hazards and that identified hazards may only pose a very low or negligible risk to some activities.

Method 13.2.5 Control of use and development (high risk flood zones) Mighty River Power Ltd 142.65 Method 13.2.5 Support. The RPS should recognise the need for some activities, particularly regionally

significant infrastructure, to locate in hazard prone areas. Method 13.2.6 Control of subdivision, use and development (residual risk zones) Mighty River Power Ltd 142.66 Method 13.2.6 Support. The RPS should recognise the need for some activities, particularly regionally

significant infrastructure, to locate in hazard prone areas. CHAPTER 15: MONITORING AND EVALUATION Section 15.4 Environmental results anticipated TrustPower Ltd 182.44 15.4 Support in part. In giving effect to the NPSREG, it is appropriate that the RPS anticipates that

the renewable electricity generation capacity of the Waikato Region is increased.

15.4.3 Built environment Meridian Energy Ltd 19.19 15.4.3 Support in part. A secure supply of electricity is fundamental to the social and economic

wellbeing of New Zealand’s people and communities. This will require the continued utilisation of existing generation and the development of future energy resources.

15.4.4 Coastal marine area Energy Efficiency and Conservation Authority

131.57 15.4.4 Support. Given the requirements of the NPSREG and the provision for renewable energy development in the RPS, it is appropriate to include the proposed relief as an anticipated environmental result for the coastal marine area.

15.4.5 Fresh water bodies Energy Efficiency and Conservation Authority

131.58 15.4.5 Support. Given the requirements of the NPSREG and the provision for renewable energy development in the RPS, it is appropriate to include the proposed relief as an anticipated environmental result for freshwater bodies.




Reason

15.4.6 Geothermal Energy Efficiency and Conservation Authority

131.59 15.4.6 Support. Given the requirements of the NPSREG and the provision for renewable energy development in the RPS, it is appropriate to include the proposed relief as an anticipated environmental result for the regional geothermal resource.

15.4.8 Indigenous biodiversity Matamata-Piako, Hauraki, South Waikato, Thames-Coromandel, Otorohanga and Waitomo District Councils

184.306 15.4.8 Support. Clauses a), d) and e) of section 15.4.8 as currently worded essentially creates a “no effects” threshold, which is inconsistent with s5 of the RMA and does not afford sufficient weight to the need for people and communities to provide for their social, economic and cultural wellbeing.

15.4.9 Landscape, natural character and amenity Contact Energy Ltd 141.41 15.4.9 Support. It is inappropriate to anticipate no degradation of natural character in the

coastal environment and the proposed relief would more accurately reflect the intent of Policy 12.3.

GLOSSARY Horticulture New Zealand 43.17 Glossary Oppose. Genesis Energy opposes the proposed definition of “efficiency” and believes

it should use the same definition as the NPS for Freshwater Management. The proposed definition of “allocable flows” should include uses which are not consumptive but require certainty in access to water (i.e. electricity generation). While consistency with Variation 6 is supported, the submission is ambiguous as to which version of the definition of “environmental flow” it is referring to as there have been several produced during the hearing and court process. Genesis Energy opposes the proposed definition of “land use”. Changing the use of land to, for example, a more intensive rural land use changes its effects on the surrounding environment and has flow-on effects for the integrated management of the catchment. The submitter’s proposed definition of “activity” is unwarranted and inappropriate.




Reason


77.86 Glossary Oppose. The specific outcomes being sought by this submission are not clear and Genesis Energy is concerned as to its practical implementation.

Waipa District Council 92.89 Glossary Support. It is appropriate to add definitions which are consistent with the agreed definitions from the Variation 6 hearing.

NZ Transport Agency 95.36 Glossary Oppose in part. A definition of “nationally significant infrastructure” should also include the significant electricity generation facilities in the region.

Sustainable Waikato 110.4 Glossary Oppose. A “no net loss” approach to protecting biodiversity is inconsistent with the s5 approach to managing effects of activities on the environment and in particular, the provision for mitigation and anticipation that some adverse effects will be appropriate in order to promote sustainable management.

TrustPower Ltd 182.45 Glossary Support. Artificial watercourses should be managed for the purpose for which they were created.

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