before hearings committee – proposed Ōpōtiki district plan · 1 hearing evdience by pauline...

1 Hearing Evdience by Pauline Whitney - Transpower NZ Ltd S39and FS4

Before Hearings Committee – Proposed Ōpōtiki District Plan

Under The Resource Management Act 1991 (the Act)

In the matter of

Proposed Ōpōtiki District Plan

Between

Ōpōtiki District Council Local Authority

And

Transpower New Zealand Limited Submitter S39 and Further Submitter FS4

Statement of evidence of Pauline Mary Whitney

Dated 21 July 2017

2 Hearing Evdience by Pauline Whitney - Transpower NZ Ltd S39and FS4

Contents Before Hearings Committee – Proposed Ōpōtiki District Plan ............................................. 1

Qualifications and Experience ............................................................................................ 3

Scope of Evidence .............................................................................................................. 4

Summary of Evidence ......................................................................................................... 4

The National Grid and Transpower’s Assets in the Ōpōtiki district ...................................... 7

Higher Level Planning Policy Documents ........................................................................... 7

The National Policy Statement on Electricity Transmission 2008 .................................... 7

The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 ............................................................... 11

Regional Policy Statement ............................................................................................ 11

Transpower Submission on the proposed plan ................................................................. 13

Transpower Corridor Management Approach ................................................................... 14

Response to the Section 42A Report ................................................................................ 17

Recommendations accepted ......................................................................................... 17

Recommendations accepted in part .............................................................................. 17

Submitter Issues ............................................................................................................... 21

Conclusion ........................................................................................................................ 24

Appendix A – Officer Recommendations Accepted or Supported ..................................... 26

Appendix B – Recommended Changes to National Grid provisions ................................. 27

Appendix C – National Grid Assets in the Ōpōtiki District ................................................. 28

28

Appendix D - National Policy Statement on Electricity Transmission 2008 ...................... 29

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Qualifications and Experience

1 My full name is Pauline Mary Whitney.

2 I am a Senior Planner: Principal of Boffa Miskell Ltd, a national firm of consulting

planners, ecologists and landscape architects. I hold the qualification of Bachelor of

Resource and Environmental Planning (Hons). I am a Full Member of the New Zealand

Planning Institute, and have over 20 years’ experience as a resource management

planner.

3 I have been a planning consultant based in Wellington for the past 15 years, providing

consultancy services for a wide range of clients around New Zealand, including local

authorities, land developers, and the infrastructure and power sectors. Prior to that I

was employed with local authorities in New Zealand and the United Kingdom for 5

years. My experience includes:

3.1 Work on the preparation of plan changes for councils and private clients and

review of numerous regional policy statements, regional plans and district plans

on their behalf; and

3.2 Preparing resource consent applications and notices of requirement for a wide

range of development and infrastructure projects.

4 Specific to Transpower New Zealand Limited (‘Transpower’), I have been involved with

preparing submissions/ hearing evidence on the Proposed Porirua City Network Utilities

Chapter, Proposed Rotorua District Plan, Proposed Thames Coromandel District Plan,

Proposed Hastings District Plan, Proposed Plan Change 10 to the Napier City Plan,

Proposed Plan Changes 34 and 38 to the Hutt City and Upper Hutt City District Plans,

Greater Wellington Proposed Natural Resources Plan, Proposed West Coast Regional

Policy Statement, Proposed Taranaki Regional Plan (now withdrawn) and the draft

Northland Regional Plan. To date, all apart from the Proposed West Coast RPS and the

Northland Regional Plan have proceeded to hearings.

5 My evidence is given in support of Transpower’s submission on the Proposed Ōpōtiki

District Plan (“proposed plan”).

6 In this matter Boffa Miskell Ltd was engaged by Transpower to provide planning

expertise through the submission process (including comments on the draft plan), and

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preparation of evidence in relation to the hearing process on the proposed plan.

7 I have read the Code of Conduct for Expert Witnesses contained in the Environment

Court Consolidated Practice Note (2014), and I agree to comply with it. My

qualifications as an expert are set out above. I confirm that the issues addressed in this

brief of evidence are within my area of expertise. I have not omitted to consider

material facts known to me that might alter or detract from the opinions expressed.

8 Given that all the Section 42A reports have been released, this evidence covers all the

submission points lodged by Transpower to the proposed plan. As Transpower’s

primary interest is in Chapter 17 Network Utilities, it is presenting evidence on related

matters at this hearing.

Scope of Evidence

9 My evidence will address the following:

9.1 The planning background for Transpower’s submissions is in relation to the

national importance of the National Grid, particularly in the context of higher level

planning policy documents such as the National Policy Statement on Electricity

Transmission 2008 (“NPSET”), the Resource Management (National

Environmental Standards for Electricity Transmission Activities) Regulations

2009 (“NESETA”); and the Bay of Plenty Regional Policy Statement 2014

(“RPS”)

9.2 An overview of the Transpower submission on the proposed plan

9.3 Key issues to the proposed plan in relation to relief sought by Transpower

9.4 Responses to recommendations within the Section 42A Report on

Transpower’s original submission and further submission points; and

9.5 Key issues from submitters and recommended changes to the National Grid

framework in the proposed plan in response to concerns raised by submitters.

Summary of Evidence

10 Transpower owns and operates the National Grid, which transmits electricity throughout

New Zealand from energy generation sources to distribution networks and direct-

connect customers. The need to operate, maintain, develop and upgrade the electricity

transmission network is recognised as a matter of national significance through the

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National Policy Statement on Electricity Transmission 2008 (‘NPSET’). This significance

applies universally across the country regardless of the nature of the specific National

Grid asset.

11 Within the Ōpōtiki District Transpower’s assets include National Grid transmission lines

and associated infrastructure including two substations. A summary is outlined in

paragraph 19 of this evidence.

12 Section 75(3) of the Resource Management Act (‘RMA’) obliges Councils to ‘give effect’

to the NPSET in their proposed plan. The requirement to ‘give effect’ is a strong directive

to Councils and requires positive, demonstrable implementation.

13 As highlighted in the higher order policy documents (specifically the NPSET and the

RPS) a significant resource management issue in the district and across New Zealand

is inappropriate development, land use and subdivision in close proximity to the National

Grid which can compromise its operation, maintenance, development and upgrade.

Given the national significance of the National Grid, inappropriate development is an

issue in all districts regardless of the specific nature or extent of the National Grid assets.

14 In order to manage subdivision and other land uses that have the potential to

compromise the operation, maintenance, upgrading and development of the National

Grid, Transpower sought in its submission for a corridor management approach to be

applied in the proposed plan; this would entail the National Grid Yard and National Grid

Corridor being defined spatially, along with certain activities within them being

discouraged.

15 The National Grid Corridor is intended to allow for the reasonable use of land inside the

transmission line corridor, with several standards and rules imposed to ensure that any

subdivision, land use and development that might compromise the Grid is either

managed or avoided. The sought approach by Transpower has been rolled out across

New Zealand for the past five years as plans have come up for review.

16 I support (or accept) the majority of the Section 42A Report recommendations.

Transpower lodged some 108 individual submission points (many of which were points

in support of the notified provisions) and I acknowledge the recognition of Transpowers

concerns. Attached as Appendix A is a summary table of responses to the officer

recommendations.

17 A limited number of officer recommendations on submission points are accepted in part,

the majority of which relate to minor amendments to reflect the assets in the district and

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provide clarity on the application of the rules. Various referencing corrections are also

sought. The outstanding amendments sought in my evidence include:

- Submission point 39.23, Provision 11.3 Chapter 11 Ohiwa Harbour Zone:

Minor amendment to replace the word ‘Standards’ with ‘Rules’.

- Submission point 39.83. Chapter 17 Network Utilities: Minor amendment

to provision 18.3.1.1.6.c. to remove the word ‘structure’ as the intent is not

to exclude structures such as fences and races.

- Submission point 39.84. Chapter 17 Network Utilities: amendment to the

earthwork rule 17.3.1.1.8.a.iii to remove the reference to towers as there

are no National Grid Tower support structures in the district (only poles

and pi poles). Further suggested changes to the National Grid Yard

framework are proposed based on a reduced setback around the pole

support structures for the 50kV National Grid transmission line from 12m

to 10m. The sought changes are shown in Appendix B as tracked

changes.

- Submission points 39.99 and 39.100. Chapter 19 Definitions: Minor

change are sought in relation to the definitions of National Grid Yard and

National Grid Subdivision Corridor to reflect the 50kV line contains pi poles

as well as single poles, and also to incorporate a reduced setback

requirement from 12m to 10m around the 50kV National Grid transmission

line support structures.

- Submission points 39.43 - 39.47 Chapter 13 Landscape and Vegetation:

Changes are sought to clarify the activity status for trimming, clearance

and disturbance of indigenous vegetation associated with Network Utilities

and in particular the National Grid.

18 I acknowledge that two submitters1 oppose the Transpower sought, and officer

recommended, width of the National Grid Yard and National Grid Subdivision Corridor in

relation to the 50kV line that extends from Te Kaha to Waiotahi. In response to the

concerns, Transpower proposes to reduce the setback around the pole support

structures for the 50kV National Grid transmission line from 12m to 10m. Consequential

changes are made to the management framework around the 50kV transmission line.

1 Federated Farmers of New Zealand and Horticulture NZ Ltd

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The sought changes are shown as tracked changes in the provisions (as taken from the

Section 42A Report) attached as Appendix B.

The National Grid and Transpower’s Assets in the Ōpōtiki district

19 Transpower owns and operates a wide range of infrastructure assets associated with

the National Grid within Ōpōtiki district, with the Grid extending through the Rural,

Coastal, Coastal Settlement and Ohiwa Harbour Zones of the proposed plan. The

associated assets comprise:

- Edgecumbe - Waiotahi B (EDG-WAI-B) 110 kV Single Circuit

transmission line on pi poles;

- Te Kaha – Waiotahi A (TKH-WAI A) 50 kV Single Circuit transmission line

on single and pi-poles;

- Waiotahi and Te Kaha substations.

20 A plan of the specific National Grid assets within the region is attached as Appendix C.

Higher Level Planning Policy Documents

The National Policy Statement on Electricity Transmission 2008

21 National policy statements are at the top of the hierarchy of planning instruments under

the RMA. Regarding Transpower’s submission and evidence on the proposed plan, the

NPSET is therefore a primary consideration. The NPSET sets out the objective and

policies to manage the electricity transmission network under the RMA. A copy of the

NPSET is appended to my evidence as Appendix D.

22 Section 75(3) of the RMA requires that a District Plan must ‘give effect’ to a NPS and is

a strong statutory directive. Therefore, the NPS must be considered when drafting

plan provisions and in making decisions on submissions.

23 The NPSET confirms the national significance of the National Grid, and establishes a

clear national policy direction that recognises the benefits of transmission, the effects of

the National Grid, and the need to appropriately manage activities and development

under and in close proximity to it.

24 The Preamble to the NPSET includes useful background, or rationale, for the NPSET. It

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states that “the efficient transmission of electricity on the National Grid plays a vital role

in the well-being of New Zealand, its people and the environment”. It notes that the

National Grid has particular physical characteristics and operational/security

requirements that have been challenging to manage under the RMA, and acknowledges

the potential significance of some effects of transmission lines (including the inability for

these to be avoided or mitigated) along with the significant constraints that others’

activities and development can place on the network. It also notes that while adverse

effects are experienced at the local level the benefits are largely regional or national;

consequently a balanced consideration of effects is required.

25 The sole objective of the NPSET is as follows:

To recognise the national significance of the electricity transmission network by

facilitating the operation, maintenance and upgrade of the existing transmission

network and the establishment of new transmission resources to meet the needs of

present and future generations, while:

• Managing the adverse environmental effects of the network; and

• Managing the adverse effects of other activities on the network.

26 This Objective recognises that the network itself potentially gives rise to adverse effects,

and that other activities can potentially adversely affect the network.

27 Transpower can be affected by other activities that establish beneath or in close

proximity to its lines and/or structures. Such activities can generate reverse sensitivity

effects where landowners/operators request a Council to impose constraints on existing

infrastructure to manage effects such as noise, reduced visual amenity, radio and

television interference, perceived Electric and Magnetic Field (‘EMF’) effects, or

interference with business activities beneath the lines.

28 The location of buildings and activities, particularly ‘sensitive activities’ such as schools

and residential properties, beneath or in close proximity to lines and/or structures can

limit Transpower’s ability to maintain, upgrade and develop the National Grid.

29 Additionally, the stability of Transpower’s lines can be affected by earthworks that

destabilise support structures resulting in their need to be relocated.

30 The NPSET Policies provide for recognition of the benefits of transmission, as well as

management of the environmental effects of transmission and the adverse effects of

activities on the transmission network. As such, the policies impose obligations on both

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decision makers and Transpower itself.

31 Policy 1 specifies that decision makers must recognise and provide for the national,

regional and local benefits of sustainable, secure and efficient electricity transmission.

Explicit reference is made to the benefits of security of supply, efficient transfer of

energy and enhanced supply.

32 Policies 2 to 9 relate to management of the environmental effects of transmission. In

particular Policy 2 states:

In achieving the purpose of the Act, decision-makers must recognise and provide for

the effective operation, maintenance, upgrading and development of the electricity

transmission network.

33 Policies 3 to 5 contain matters which decision makers must consider, including

technical and operational constraints, the route, site and method selection process, and

operational requirements. Policy 6 seeks to reduce existing adverse effects where

appropriate, while Policies 7 and 8 relate to effects on urban and rural environments.

Policy 9 specifically relates to health standards.

34 Also of relevance are Policies 10 and 11. These policies act as the primary guide to

inform how adverse effects on the National Grid are managed. The policies seek to:

34.1 Avoid sensitive activities near electricity transmission lines and infrastructure;

34.2 Manage other activities to avoid reverse sensitivity effects on this ; and

34.3 Manage activities to ensure the operation, maintenance, upgrading and development of

the Grid is not compromised.

35 Policy 10 states that:

In achieving the purpose of the Act, decision-makers must, to the extent reasonably

possible, manage activities to avoid reverse sensitivity effects on the electricity

transmission network and to ensure that operation, maintenance, upgrading, and

development of the electricity transmission network is not compromised.

36 Therefore, Policy 10 requires the management of activities causing reverse sensitivity

effects as well as activities that could compromise the operation, maintenance,

upgrading, and development of the National Grid. Under-build and earthworks can

delay or, in some cases, severely restrict Transpower’s ability to undertake

maintenance or projects. Maintenance works could include conductor work (including

mid-span works), and works to the supporting structures (including foundation work).

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Under-build can also restrict the ability to undertake emergency works in the event of a

system fault. In my opinion, the absolute nature of the wording in Policy 10 infers a

non-complying activity status for these kinds of activities.

37 Further, Policy 11 requires that:

Local authorities must consult with the operator of the National Grid, to identify an

appropriate buffer corridor within which it can be expected that sensitive activities will

generally not be provided for in plans and/or given resource consent. To assist local

authorities to identify these corridors, they may request the operator of the National

Grid to provide local authorities with its medium to long-term plans for the alteration or

upgrading of each affected section of the National Grid (so as to facilitate the long-term

strategic planning of the grid).

38 The term ‘generally not be provided for in plans’ indicates that plans should manage

these activities to ensure that their location within a buffer corridor would be an

exception.

39 It is also my opinion that the buffer corridor referred to in Policy 11 need not be limited

solely to the management of sensitive activities. The issue of non-sensitive activities and

the relationship to the NPSET was considered in the High Court2 in respect of the

Auckland Unitary Plan where it was found that permitting subdivision involving the

creation of lots for new building platforms for non-sensitive activities (buildings) does not

give effect to the NPSET. While the decision was in context of the Auckland Unitary

Plan and urban zones, the issue was non-sensitive activities with the decision finding

they need to be managed to give effect to the NPS. A buffer corridor is also an efficient

and effective method (in terms of s 32 RMA) to give effect to the requirements of Policy

10 and to manage the risks imposed by other activities, such as earthworks, on the

transmission network. I consider that a buffer corridor is an appropriate technique to

manage other land uses and subdivision that may adversely affect (particularly through

reverse sensitivity) the efficient and safe operation of the transmission network, and to

ensure that the operation, maintenance, upgrading, and development of the electricity

transmission network is not compromised. In this respect I do not consider that Policies

10 and 11 are mutually exclusive; rather, they are complementary.

2 Transpower NZ Ltd v Auckland Council (2017)NZHC 281 (28 February 2017)

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The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009

40 The national significance of the National Grid is further recognised in the NESETA in

that it acknowledges the importance of both investment in new infrastructure and the

maintenance and upgrade of existing infrastructure.

41 The NESETA addresses the objectives and policies of the NPSET, particularly the

policies related to the existing transmission network, by providing a national framework

of permissions and consent requirements for activities on existing high voltage electricity

transmission lines (the National Grid). Activities include the operation, maintenance and

upgrade of existing lines (i.e. those built prior to 14 January 2010).

42 National environmental standards are legally enforceable regulations developed under

the RMA. They are given effect to by agencies and parties with responsibilities under the

RMA. Every local authority and consent authority must observe national environmental

standards and ensure that they are enforced to the extent their powers (section 44A(7)

and (8) of the RMA).

43 Activities covered by the NESETA are activities relating to the operation, maintenance,

upgrading, relocation or removal of an existing transmission line, including:

43.1 a construction activity

43.2 use of land or occupation of the coastal marine area

43.3 activities relating to an access track to an existing transmission line

43.4 undergrounding an existing transmission line.

44 Of particular importance, in accordance with Section 43B(1) of the RMA, the NESETA

does not expressly allow a rule in a district plan to be more stringent than the

requirements set out in the NESETA.

Regional Policy Statement

45 The Regional Policy Statement for the Bay of Plenty Region (“RPS”) was made

operative in October 2014. Section 75(3)(c) of the RMA requires that a District Plan

must give effect to any Regional Policy Statement. The RPS contains the following

relevant provisions:

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2.3.3 Regionally significant energy and infrastructure issue

1 Reverse sensitivity effects on infrastructure

Inappropriate subdivision, use and development can result in reverse sensitivity effects

on existing or planned infrastructure, as well as the maintenance and upgrade of

infrastructure necessary to support the sustainable growth of the region. …

3. Improving security of electricity supply

The Bay of Plenty region and the wider New Zealand electricity generation

transmission and distribution network is at risk from supply disruptions and energy

shortages. This can impact on communities’ ability to provide for their social, economic,

and cultural wellbeing.

Objective 6

Provide for the social, economic, cultural and environmental benefits of, and the use

and development of nationally and regionally significant infrastructure and renewable

energy.

Policy EI 3B:

Protecting nationally and regionally significant infrastructure.

Policy EI 4B:

Recognising the benefits from nationally and regionally significant infrastructure and the

use and development of renewable energy.

Objective 7

Provide for the appropriate management of:

(a) any adverse environmental effects (including effects on existing lawfully established

land uses) created by the development and use of infrastructure and associated

resources;

(b) any reverse sensitivity effects on established, consented or designated

infrastructure.

Policy EI 7B:

Managing the effects of infrastructure development and use.

Method 17:

Identify and manage potential effects on infrastructure corridors.

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46 In my opinion the RPS contains a clear policy directive to recognise the benefits of the

National Grid (as a form of nationally and regionally significant infrastructure) as well as

its protection from incompatible activities.

Transpower Submission on the proposed plan

47 As this is the only time Transpower will be appearing before the Committee I consider it

helpful to briefly summarise the general nature of Transpower’s submission on the

proposed plan, noting that a large number of provisions are sought to be retained.

47.1 Chapter 1 Introduction: While provisions within the introductory section of the

plan are generally supported, minor amendments are sought to better reflect the

National Grid, and specifically reference the NESETA.

47.2 Chapter 8 Rural Zone: Recognition is sought to acknowledge other (non-rural)

activities which are located in the rural environment, and that it is not only

sensitive but also other inappropriate activities which can give rise to reverse

sensitivity effects.

47.3 Chapter 9 Coastal Zone: Within the six submissions to this chapter the

following were sought: a new issue specific to infrastructure; that the existing

objective refer to inappropriate activities as opposed to all activities; recognition

of functional, operational, and technical requirements within the policy; and

clarification over the activity status for network utilities that are not permitted.

47.4 Chapter 10 Coastal Settlement Zone: The National Grid passes through the

Coastal Settlement Zone at Te Kaha. As with the Coastal Chapter, a new policy

relating to functional, operational and technical requirements is sought, and

reference to ‘inappropriate’ within the policy. Reference to the the NESETA is

also sought, as is clarification over activity status.

47.5 Chapter 11 Ohiwa Harbour Zone: a minor referencing change is sought.

47.6 Chapter 13 Landscape and Vegetation: In addition to the retention of many of

the provisions within Chapter 13, a new policy specific to the National Grid is

sought, as well as a new permitted rule relating to vegetation trimming, and

addition of assessment matters relating to the benefits and necessity of the

works.

47.7 Chapter 14 Heritage: Support is noted.

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47.8 Chapter 15 Subdivision: The approach relating to subdivision in the proposed

plan in relation to the third-party activities in proximity of the National Grid is

supported

47.9 Chapter 17 Network Utilities: This is the focus of Transpower’s submission to

the proposed plan. Within the chapter there are two elements of relevance to

Transpower: the first being the provisions relating to network utilities overall and

any further works to the National Grid, and the second being specific to the

National Grid. A new framework of rules and assessment matters is sought in

relation to third parties in proximity of the National Grid. The sought rule

frameworks reflect that sought by the Council in its submission.

47.10 Chapter 18 Natural Hazards: Clarification is sought as to the applicability of the

natural hazard provisions to network utilities.

47.11 Chapter 19 Definitions and Planning Maps: Amendments are sought to

definitions and maps specific to the National Grid. Of particular relevance are the

sought amendments to definitions (in respect of distances) relating to the

National Grid Yard and National Grid Subdivision Corridor to more accurately

reflect the National Grid corridor management approach.

Transpower Corridor Management Approach

48 The approach sought and supported by Transpower in its submission reflects the

corridor management approach sought across New Zealand. The approach is

comprised of a framework of objectives, policies, rules and definitions which provide a

management framework for activities, buildings and structures within a specified

distance of the National Grid lines, support structures (poles) and substations. In order

to identify the areas subject to specific rules, Transpower has identified a National Grid

Yard and National Grid Subdivision Corridor. These terms are discussed in the

definitions below.

49 The rule framework has been developed (and applied throughout New Zealand) as

Transpower is satisfied that there are some activities that are appropriate within the yard

due to their nature and small scale, and because they will not compromise the

operation, maintenance or any upgrade of the network itself. Certain structures (such as

rural hay barns, pump sheds and implement sheds) are less problematic within 10-12m

of the line (noting that they will still need to be set back 10/12m from National Grid

support structures) on the basis they are unlikely to “build out” a line. The access or use

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of these structures can be restricted without causing animal welfare or business

disruption issues, and do not introduce intensive infrastructure or heavily frequented

workplaces with long durations of exposure to risk.

50 The provisions proposed by Transpower would allow for paddocks, fencing (as high as

deer fences), landscaping and small sheds, and larger farm buildings in proximity to

conductors not used for intensive farming purposes. Grazing, cropping, and car parking

activities are not restricted. Conversely, examples of development that have severely

restricted or blocked Transpower’s ability to effectively access its assets include dairy

sheds, piggeries, poultry sheds and commercial greenhouses, as well as sensitive

activities. As these activities can cover an extensive area of land it may be expensive to

disrupt or require these activities to be relocated while Transpower carries out work on

its transmission assets.

Definitions

51 The provision of definitions specific to the National Grid Yard and National Grid

Subdivision Corridor is supported, subject to further refinement to reflect the existing

assets within the district.

52 The buffer corridor approach has been developed based on a standard width depending

on the voltage of the National Grid line and structure type. In summary, the width for

land use (defined as the National Grid Yard) is calculated as the distance from the

centreline between the support structures to the point where the conductor would swing

under everyday conditions (noting that maintenance is not generally undertaken in high

wind conditions). For the Edgecumbe - Waiotahi B (EDG-WAI-B) 110 kV Single Circuit

National Gird transmission line on pi poles, a 12m setback from the lines and support

structures is sought. For the Te Kaha – Waiotahi A (TKH-WAI A) 50 kV Single Circuit

National Grid transmission line on single and pi-poles, a 10m setback from the lines and

support structures is sought. (I note Transpower’s position on the setback from the

50kV National Gird line support structures has changed since its submission was lodged

and a reduced setback from 12m to 10m is now sought from the support structures).

53 The subdivision ‘National Grid Subdivision Corridor’ width3 is based on the distance

from the centreline between the support structures to a point where the conductor would

swing under possible high wind conditions. It is important that the swing of conductors

can be taken into account in the subdivision process so that the allotment(s) can be

3 Being 14 metres for 50 kV transmission lines on single poles, and 16 metres for 110 kV transmission lines on pi

poles

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safely developed and used. In essence the Corridor is wider than the Yard and it should

be noted that the Corridor and Yard overlap.

Land Use

54 Specific to the rules, the changes to the Proposed Plan sought by Transpower and

Council essentially sought that buildings and structures underneath and within close

proximity to the National Grid would be a non-complying activity, with exemptions

provided for fences, network utilities, existing sensitive activity structures which do not

increase the height or footprint and non-intensive/uninhabitable farm or horticultural

buildings and structures. New sensitive activities, or additions to existing sensitive

activities, would be a non-complying activity, as would milking and dairy sheds and other

intensive farm buildings, and any buildings and structures which do not meet safe

conductor (line) clearances.

Subdivision

55 Related to subdivision, Transpower supported the suite of rules for subdivision within

14/16m 4of the National Grid. Subdivision within the National Grid Subdivision Corridor

would be a restricted discretionary activity where a building platform is identified beyond

10/12m5 of the centreline of a transmission conductor (line) from the outer edge of a

National Grid structure (in any direction). Where the building platform is within the

10/12m setback (I.e. the National Grid Yard) a non-complying activity status would apply

to the subdivision.

56 In relation to subdivision, in my experience, subdivision is the most effective point at

which to ensure future reverse sensitivity effects, maintenance access issues, and

adverse effects of transmission lines (including amenity issues) are avoided. This can

be achieved by designing subdivision layouts to properly accommodate transmission

corridors (including, for example, through the creation of reserves and/or open space

where buffer corridors are located).

Earthworks

57 Standards specific to earthworks are also sought as earthworks are activities that can

also compromise the National Grid, and are a form of development contemplated by the

NPSET.

4 14m for the 50kV line and 16m for the 110kV line 5 10m for the 50kV line and 12m for the 110kV line

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Response to the Section 42A Report

58 The following section responds to the Section 42A Report recommendations on

Transpower’s submission points.

Recommendations accepted

59 The majority of the officer recommendations are supported or accepted. Attached as

Appendix A is a table summarising Transpower’s response to the specific submission

points.

Recommendations accepted in part

60 Although most of the officer recommendations are accepted, the following are accepted

in part.

- Submission point 39.23, Provision 11.3 Chapter 11 Ohiwa Harbour Zone

- Submission points 39.43 - 39.47 Chapter 13 Landscape and Vegetation

- Submission points 39.83 and 39.84 Chapter 17 Network Utilities

- Submission points 39.99 and 39.100 Chapter 19 Definitions

Chapter 11 Ohiwa Harbour Zone

61 In relation to submission point 39.23, I support the officer recommendation in part in that

the existing provision provides “Network utilities are subject to the provisions in Chapter

17 and are not subject to the Standards in this Chapter”. However, the submission point

by Transpower sought that the word ”Standards” be replaced with “Rules” to reflect that

it is the full range of regulatory provisions (activity status and standards) within Chapter

11 which are not to apply to Network Utilities. The reference to Standards is confusing

and is inconsistent with the wording provided in other chapters. I support the following

amended wording as sought in Transpower’s submission as outlined below:

Network utilities are subject to the provisions in Chapter 17 and are not subject to the

Zone Standards Rules in this Chapter.

Chapter 13 Landscape and Vegetation

62 In relation to submission points 39.43 - 39.47, I am unclear as to the resulting activity

status for trimming, clearance and disturbance of indigenous vegetation associated with

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network utilities.

63 It appears that the intent of the amended wording within Section 13.3.1 and the use of

the term “Vegetation Disturbance”6, is such that Network Utilities are not subject to the

rules in Chapter 13. I support this approach. However, if Chapter 13 is not to apply to

Network Utilities, I am unclear as to the relevance of proposed rule 13.3.2.107 relating to

Tree Regulations. I note that Transpower’s submission sought retention of the rule

based on other rules relating to vegetation removal and network utilities remaining (and

which Transpower supported); however, if Chapter 13 no longer applies I am unclear of

its relevance.

64 On the basis that Network Utilities and indigenous vegetation disturbance are solely

addressed in Chapter 17: Network Utilities, my understanding of the rule framework is

that:

- Indigenous vegetation disturbance (clearance, cutting crushing,

desiccation, brining, removal or damage) outside ONFL’s is permitted with

no standards applicable (as there are no rules restricting disturbance);

- Indigenous vegetation disturbance inside ONFL’s is permitted provided it

is associated with a structure either on or within 10m of road reserve and

the disturbance is up to 100m28. If this is not complied with, consent is

required as a restricted discretionary activity under Rule 17.3.2.1.6.

65 It is at this point that I am unclear as to the rules and the wording of Standard 17.4.3,

particularly as the wording is such that the standard only applies to structures within or

close to road reserve. This is not the case for many parts of the National Grid.

66 In relation to the National Grid, works to trim, cut or remove vegetation are required to

both access the assets and ensure clearance distances for safety and operational

6 Disturbance of indigenous vegetation Means the clearance, cutting, crushing, desiccation (herbicide treatment) or burning, removal or damage to

indigenous vegetation, except: 1. For normal domestic-scale trimming and maintenance; and 2. The day-to-day maintenance of existing vehicle and walking tracks; and 3. The collection of plant material for scientific purposes; and 4. The collection of plant material by the Tangata Whenua for maintaining traditional practices of rongoa (medicinal

purposes), raranga (weaving), and mahi whakairo (carving); and 5. The removal of indigenous vegetation planted for shelter belts; and 6. The removal of indigenous vegetation beneath or on the edges of (Sub 42.10) a production forest; and 7. The removal of vegetation that is less than 3.5m (Sub 8.270) in height and that has regenerated following

repeated clearance for production purposes, eg. forestry, farming; where the disturbance is to maintain an existing rural production activity.

7 Trimming of any indigenous vegetation to achieve compliance with the requirements of the Electricity (Hazards from Trees) Regulations 2003 or its successor; or where required for the operation, maintenance, upgrade and development of, and access to, the National Grid.

8 Refer Rule 17.3.2.1.6 and Standard 17.4.3

19 W15094_006c 20170720

reasons.

67 To address the uncertainty over the rules, I would support the following approach

specific to the National Gird:

1. Indigenous vegetation disturbance associated with the National Grid be

addressed within Chapter 17.

2. A permitted rule be provided for disturbance of indigenous vegetation inside

and outside ONFL’s, where required for the safe operation or maintenance

of the National Grid or to remove a potential fire risk. No standards would

be applicable.

3. A controlled activity rule be provided for disturbance of indigenous

vegetation that is not required for the safe operation or maintenance of the

National Grid or to remove a potential fire risk.

Chapter 17 Network Utilities

68 As outlined in paragraph 52, Transpower’s position on the setback from the 50kV

National Gird line support structures has changed since its submission was lodged and

a reduced setback of 10m (from 12m) is now sought from the support structures on the

50kV Te Kaha – Waiotahi A (TKH-WAI A) Single Circuit National Grid transmission line

on single and pi-poles. This and consequential changes are outlined as tracked

changes in Appendix B of the evidence.

69 In addition to the changes outlined above, I support some minor changes within Chapter

17 to reflect the existing assets in the district as well as some referencing corrections.

- Submission point 39.83. I support a minor amendment to provision

17.3.1.1.11.c. to remove the word ”structure” as the intent is not to exclude

structures such as fences and races from the permitted activity rule.

Amended text is sought as follows:

11. The following buildings and structures (where permitted in the Zone) …..

…..

c. Accessory farm buildings not for habitation and structures for farming activities

excluding milking sheds and buildings and structures for intensive farming.

- Submission point 39.84. I support amendment to the earthwork rule

20 W15094_006c 20170720

17.3.1.1.13.b.iii to remove the reference to towers as there are no National

Grid tower support structures in the district. It is also noted that the number

sequencing applied in the officer recommended track changes version is

incorrect, and the earthworks rule should be 17.3.1.1.13 and not

17.3.1.1.8. Amended text is sought as follows:

17.3.1.1.813.b.iii

….

iii. Vertical holes not exceeding 500mm in diameter provided that:

• They are more than 1.5 metres from the outer edge of pole support structure or stay,

or

• They are a post hole for a farm fence or artificial crop protection and crop support

structures and more than 5 metres from the visible outer edge of a tower support

structure foundation

- Referencing corrections: The following minor cross referencing

corrections are sought as follows:

17.3.2.1.3 Earthworks within a National Grid Yard that do not meet the requirements of

17.3.1.15.a. 17.3.1.1.13.a

7.3.5.1 Earthworks within a National Grid Yard not meeting permitted activity condition

17.3.1.7 (2). 17.3.1.1.13.b

7.3.5.2.4 4. Any activity, building or structure provided for under rule 17.3.1.2

17.3.1.1.10-12 that does not comply with the permitted activity standard 17.4.1.5.

17.4.6

7.3.5.2.5. Any building or structure within the National Grid Yard that is not a permitted

activity under rule 17.3.1.10, 17.3.1.11 or 17.3.1.12. 17.3.1.1.10, 17.3.1.1.11,

17.3.1.1.12

Chapter 19 Definitions

70 In relation to submission points 39.99 and 39.100, I seek a minor change in relation to

the definitions of National Grid Yard and National Grid Subdivision Corridor to reflect the

fact that a 50kV line contains pi poles as well as single poles. I also seek a reduced

setback around the pole support structures for the 50kV National Grid transmission line

from 12m to 10m. The relief sought is as follows (reflecting the definitions as

recommended in the S42A Report. The amendment I seek is shown as highlighted text.

21 W15094_006c 20170720

The sought changes are also shown in Appendix B as tracked changes):

National Grid Subdivision Corridor

Means the area measured either side of the centreline of above ground National Grid

transmission lines as follows:

- 16 metres for 110 kV transmission lines on pi poles

- 14 metres for 50 kV transmission lines on single or pi poles

National Grid Yard

Means any land located:

- 12m either side of the centreline of a 110kV National Grid Transmission line on pi poles; or

- 10m either side of the centreline of a 50kV National Grid Transmission line on single or pi

poles;

- within 12m in any direction of the visible outer edge of any National Grid Support Structure

foundation of a 110kV National Grid transmission line.

- within 10m in any direction of the visible outer edge of any National Grid Support Structure

foundation of a 50kV National Grid transmission line.

Submitter Issues

71 I acknowledge there is opposition from two submitters to the recommended width of the

corridor management approach relating to the 50kV lines that extend from Te Kaha to

Waiotahi A (TKH-WAI A). The line is a single circuit line placed on a mixture of single

and pi poles. The region is totally dependent on this single supply as there is no

alternative supply route. Peak demand in the region is generally in summer, driven by

an influx of holiday makers. While of a voltage that is typically lower that other assets

owned and operated by Transpower, the line still forms part of the National Grid, is

subject to the NPSET and NESETA, and transmits electricity across a large area of the

district from which it is then locally distributed.

72 The 50kV line is unique in that it is the only 50kV National Grid line in NZ. In Canterbury

and the West Coast there are a cluster of 66kV lines.

73 Two submitters opposed the recommended 10m width of the 50kV transmission line

National Grid Yard (and proposed 12m setback from the support structures), with one

submitter also raising concern with the 14m corridor associated with the National Grid

22 W15094_006c 20170720

Subdivision Corridor for the 50kV line. The submissions seek a 6m National Grid Yard

setback (rather than the 12m originally sought by Transpower) which in their opinion

aligns with the New Zealand Electrical Code of Practice for Electrical Safe Distances

2001 ISSN 0114-0663 (‘NZECP34’). It is not explicitly stated in the submission relating

to the subdivision corridor width what the sought subdivision setback is.

74 Subsequent discussions with the submitters have indicated their concerns relate to the

setback requirement from the support structures as opposed to the conductors.

However, this position is not exactly clear given the lack of specificity in the submission.

75 Transpower has reviewed the requests by submitters for a reduced National Grid Yard

setback for the 50kV line and in response, support a reduction in the setback from

support structures from 12m to 10m. The proposed amendments are shown as tracked

changes within Appendix B.

76 The effects of the proposed amendments are that building and structures are permitted

if they are more than 10m from the pole support structures. Specific to crop protection

support structures and crop protection structures, they are permitted between 6m and

10m from the National Grid pole support structures subject to compliance with

standards. If someone wishes to put the structures within 6m of the National Grid pole

support structures, they are permitted provided they obtain the written approval from

Transpower.

77 Transpower does not support any further reduction in the setback from the National Grid

50kV line support structures for the following reasons.

National significance of the National Grid

77.1 The national significance of the need to operate, maintain, develop and upgrade

the National Grid is recognised in the NPSET. As a national policy statement,

the NPSET must be given effect to. As noted in paragraph 36 - 38, of particular

relevance are policies 10 and 11.

77.2 Policy 10 requires the management of activities causing reverse sensitivity

effects as well as activities that could compromise the operation, maintenance,

upgrading, and development of the National Grid.

77.3 Policy 11 requires the identification of an appropriate buffer corridor within which

it can be expected that sensitive activities are generally not provided for in plans

and/or given resource consent. It is also my opinion that the buffer corridor

23 W15094_006c 20170720

referred to in Policy 11 need not be limited solely to the management of

sensitive activities. A buffer corridor is also an efficient and effective method (in

terms of s 32 RMA) to give effect to the requirements of Policy 10 and to

manage the risks imposed by other activities, such as earthworks, on the

transmission network.

Application of the NZECP34

77.4 Submitters have referred to NZECP as the basis for establishing setbacks for

the 50kV line. In my opinion reliance on NZECP to give effect to the NPSET is

not appropriate. The NZECP34 is a Code of Practice administered by the

Ministry of Business Innovation and Employment, and has no statutory weight or

status in the planning framework. NZECP34 also applies to all electricity lines

and is not specific to the National Grid. As such it does not recognise the

significance of the National Grid.

77.5 Furthermore, the scope and purpose of NZECP34 is confined to safety. It is the

Code of Practice that sets minimum safe distances to primarily protect persons,

property, vehicles and mobile plant from harm or damage from electrical

hazards, and is focused only on minimum safety standards. As such, the 6m

referred to in NZECP34 provides guidance on safety distances only and does

not provide for access, operation, maintenance and development relating to the

Transmission Network, or distances to manage the adverse effects of third party

activities. To go closer than 6m to the support structures does not allow

sufficient space for access, operation, maintenance and development.

77.6 Minimum safety requirements in the Code do not seek to protect the integrity of

the National Grid from the effects of third parties. Nor does it provide for all

access, work space, step and touch hazards where activities or infrastructure

cause restrictions or create unsafe situations, especially during work activities on

either Transpower’s assets or works by a member of the public under or near a

line.

77.7 On this basis, it is my opinion that NZECP34 and the request to provide a 6m (or

less for certain activities) setback from support structures does not give effect to

or achieve the requirements of the NPSET “to operate, maintain, develop and

upgrade the National Grid”.

Line Features

24 W15094_006c 20170720

77.8 The make-up of the 50kV line is such that it contains a mixture of 66kV and

110kV standard structures with pole lengths typical to those used by

Transpower for both of these voltages. There is a mixture of single pole and Pi-

pole structures.

77.9 Accessing and working on the 50kV line is not dissimilar to working on the 66kV

or 110kV pole network (as the line uses the same componentry and the scale is

similar to that of the 66kV and 110kV networks). As such the practicality of

accessing maintaining and developing this line require the same considerations

as for the higher voltages.

77.10 The conductor used on the 50kV line is also used on the 66kV and 110kV lines.

In undertaking maintenance works on the 50kV line, Transpower use the same

equipment and techniques as the 66kV and 110kV network.

66kV Line setback widths

77.11 The issue of corridor widths arose in Christchurch in relation to the 66kV lines in

Canterbury. In decisions by the Independent Hearings Panel on the

Christchurch Replacement Plan, a 10m setback for the 66kV line within

Christchurch is provided, and 10m from the support structures. The line

traverses the various Rural Zones within the city.

78 Based on the above, it is my opinion that a 10m yard and setback from support structure

setback offers prudent protection for the National Grid assets as it ensures there is the

ability to service the community and protect people living and working around the

assets, and gives effect to the NPSET.

Conclusion

79 The National Grid is recognised as a matter of national significance through the

NPSET, which seeks to ensure a nationally consistent approach to managing this

important national resource.

80 As the Hearing Panel will be aware, Section 75(3) of the RMA obliges Councils to ‘give

effect’ to the NPSET in their plans and proposed plans. The requirement to ‘give effect’

is a strong directive and requires positive, demonstrable implementation.

81 I accept or support the majority of the officer recommendations on the Transpower

submission points.

25 W15094_006c 20170720

82 A limited number of submission points are accepted in part, the majority of which seek

minor amendments to reflect the assets in the district and provide clarity on the

application of the rules. Several cross referencing corrections are also highlighted.

Amendment is also sought through this evidence to clarify the status of indigenous

vegetation disturbance associated with the National Grid. Suggested provisions are also

provided. Further suggested changes to the National Grid Yard framework are

proposed based on a reduced setback around the pole support structures for the 50kV

National Grid transmission line from 12m to 10m. The sought changes are shown in

Appendix B as tracked changes.

83 In my opinion the relief sought through this evidence would appropriately recognise the

significance of the National Grid.

Pauline Mary Whitney 21 July 2017

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Appendix A – Officer Recommendations Accepted or Supported

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Appendix B – Recommended Changes to National Grid provisions

NETWORK UTILITIES

PROPOSED DRAFT ŌPŌTIKI DISTRICT PLAN 2016 – RECOMMENDED TRACK CHANGES

9. An amateur radio configuration including mast, antennas and aerials, owned and operated

by a licensed amateur radio operator that is incidental to a residential activity on the same

site and where the performance standards in 17.4 are met. (Sub 24.93, 48.8)

Activities within the National Grid Yard

10. Any uninhabitable accessory building within the National Grid Yard on a developed site

within the Coastal Settlement Zone that existed prior to notification of this Plan. (Sub 39.83)

Under Wires

11. The following buildings and structures (where permitted in the Zone) within the National

Grid Yard but: located more than 12m from a 110kV National Grid support structure

foundation or stay wire, or located more than 10m from a 50kV National Grid support

structure foundation or stay wire:

a. Fences less than 2.5m high

b. Alterations and additions to existing buildings for sensitive activities that do not

involve an increase in the building envelope or floor space.

c. Accessory farm buildings not for habitation and structures for farming activities

excluding milking sheds and buildings and structures for intensive farming

d. Artificial crop protection structures and crop support structures, excluding

commercial greenhouses and PSA totally enclosed protective canopy structures. (Sub

39.83)

Near Support Structures

12. The following activities (where permitted in the Zone) within 12 metres of a 110kV

National Grid support structure foundation or stay wire, or within 10m of a 50kV National

Grid support structure foundation or stay wire :

a. Network utilities

b. Network utilities that form part of electricity infrastructure that connect to the

National Grid Network utility

c. Fences less than 2.5m in height and more than 5m from the nearest National Grid

support structure

d. Horticultural Artificial crop protection structures and crop support structures

between 8m and 12m from a 110kV National Grid pole support structure, or

between 6m and 10m from a 50kV National Grid support structure that:

• Meet the requirements of New Zealand Electricity Code of Practice for

Electricity Safe Distances (NZECP 34:2001)

• Are less than 2.5m in height; and

• Are removable or temporary, to allow a clear working space 12m from a 110kV

National Grid support structure or 10m from a 50kV National Grid support

structure, from the pole when necessary for maintenance purposes; and

• Allow all weather access to the pole and a sufficient area for maintenance

equipment, including cranes; or

NETWORK UTILITIES


e. Artificial crop protection and crop support structures where Transpower has given

written approval in accordance with clause 2.4.1 of NZECP34:2001 to be located

within 8m of a 110kV National Grid pole support structure, or within 6m of a 50kV

National Grid Support Structure. (Sub 39.83)

8. Earthworks (where permitted in the Zone) within a site that is located within any part of the

National Grid Yard:

a. Earthworks within 12 metres from the outer visible edge of any 110kV NationalGrid support structure, or within 10 metres from the outer visible edge of anya 50kV National Grid support structure; that do not exceed a depth (measuredvertically) of 300mm; provided that the following are exempt from thisrequirement:

i. Earthworks for a Network Utility, as part of a transmission activity, or for

electricity infrastructure.

ii. Earthworks undertaken as part of agricultural or domestic cultivation

(including ploughing), or repair, sealing or resealing of a road, footpath,

driveway or farm track.

iii. Vertical holes not exceeding 500mm in diameter provided that:

• They are more than 1.5 metres from the outer edge of pole

support structure or stay , or

• They are a post hole for a farm fence or artificial crop protection

and crop support structures and more than 5 metres from the

visible outer edge of a tower support structure foundation (Sub

39.83)

b. Earthworks (where permitted in the Zone) that do not result in a reduction in the

ground to conductor clearance distances of less than 6.5 metres (measured

vertically) from a 50kV or 110kV National Grid transmission line.

17.3.1.2 All Zones

1. The construction and placement of up to and including 110kV lines on poles, provided that the

activity is located 50m or more from MHWS.

2. Maintenance, minor upgrading and replacement of lines and Network Utilities. Minor

upgrading as defined in Chapter 19 is not required to comply with the Zone Standards.

3. Network utilities that comply with the Zone Standards, provided that the activity is located

50m or more from MHWS and unless specifically provided for below.

17.3.1.3 Residential Zone and Coastal Settlement Zone

1. Masts, poles, pylons, aerials, antenna and similar structures associated with network

utilities provided that:

(a) A maximum height of 9m is not exceeded.

(b) The activity is located 50m or more from MHWS.

(c) Antenna dishes do not exceed 1.5m in diameter.

NETWORK UTILITIES


National Grid Subdivision Corridor (Sub 11.194, 39.100) Means the area measured either side of the centreline of above ground National Grid transmission lines as follows:

- 16 metres for 110 kV transmission lines on pi poles

- 14 metres for 50 kV transmission lines on single or pi poles

-32 metres 110 kV transmission lines on towers

-37 metres for 220 kV transmission lines Note: The National Grid Subdivision Corridor does not apply to underground cables or any transmission lines (or

sections of lines) that are designated by Transpower. The measurement of setback distances from National

Grid lines shall be taken from the centre line of the transmission line and the outer edge of any support

structure. The centre line at any point is a straight line between the centre points of the two support structures

at each end of the span.

Note: There are only Pi Pole and Single Poles within Ōpōtiki district.

Note: the National Grid Corridor does not apply to underground cables or any transmission lines (or sections of lines)

that are designated by Transpower.

Refer to Figure 1: Diagram to explain the definitions of National Grid Yard and National Grid Corridor

NETWORK UTILITIES


National Grid Yard Means any land located within:

- 12m either side of the centreline of a 110kV National Grid Transmission line on pi poles; or

- 10m either side of the centreline of a 50kV National Grid Transmission line on single or pi poles;

- within 12m in any direction of the visible outer edge of any National Grid Support Structure foundation of a 110kV National Grid transmission line.

- within 10m in any direction of the visible outer edge of any National Grid Support Structure foundation of a 50kV National Grid transmission line.

The National Grid Yard does not apply to underground cables or any transmission line (or sections of lines) that are

designated by Transpower. The measurement of setback distances from National Grid lines shall be taken from the

centre line of the transmission line and the outer edge of any support structure. The centre line at any point is a

straight line between the centre points of the two support structures at each end of the span.

Figure 1: 50kV line: Diagram to explain the definitions of National Grid Yard and National Grid Subdivision Corridor

NETWORK UTILITIES


Figure 1: 110kV line: Diagram to explain the definitions of National Grid Yard and National Grid Subdivision Corridor

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Appendix C – National Grid Assets in the Ōpōtiki District

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Appendix D - National Policy Statement on Electricity Transmission 2008

NATIONAL POLICY STATEMENT

on Electricity Transmission

CONTENTS

Preamble

1. Title

2. Commencement

3. Interpretation

4. Matter of national significance

5. Objective

6. Recognition of the national benefits of transmission

7. Managing the environment effects of transmission

8. Managing the adverse effects of third parties on the transmission network

9. Maps

10. Long-term strategic planning for transmission assets

Issued by notice in the Gazette on 13 March 2008

PreambleThis national policy statement sets out the objective and policies to enable the management of the effects of the electricity transmission network under the Resource Management Act 1991.

In accordance with section 55(2A)(a) of the Act, and within four years of approval of this national policy statement, local authorities are to notify and process under the First Schedule to the Act a plan change or review to give effect as appropriate to the provisions of this national policy statement.

The efficient transmission of electricity on the national grid plays a vital role in the well-being of New Zealand, its people and the environment. Electricity transmission has special characteristics that create challenges for its management under the Act. These include:• Transportingelectricityefficientlyoverlongdistancesrequiressupportstructures(towers

or poles), conductors, wires and cables, and sub-stations and switching stations.

• Thesefacilitiescancreateenvironmentaleffectsofalocal,regionalandnationalscale.Some of these effects can be significant.

• Thetransmissionnetworkisanextensiveandlinearsystemwhichmakesitimportantthatthere are consistent policy and regulatory approaches by local authorities.

• Technical,operationalandsecurityrequirementsassociatedwiththetransmissionnetworkcanlimittheextenttowhichitisfeasibletoavoidormitigatealladverseenvironmentaleffects.

• Theoperation,maintenanceandfuturedevelopmentofthetransmissionnetworkcanbesignificantly constrained by the adverse environmental impact of third party activities and development.

• Theadverseenvironmentaleffectsofthetransmissionnetworkareoftenlocal–whilethebenefitsmaybeinadifferentlocalityand/orextendbeyondthelocaltotheregionalandnational–makingitimportantthatthoseexercisingpowersandfunctionsundertheActbalance local, regional and national environmental effects (positive and negative).

• OngoinginvestmentinthetransmissionnetworkandsignificantupgradesareexpectedtoberequiredtomeetthedemandforelectricityandtomeettheGovernment’sobjectivefor a renewable energy future, therefore strategic planning to provide for transmission infrastructureisrequired.

The national policy statement is to be applied by decision-makers under the Act. The objective and policies are intended to guide decision-makers in drafting plan rules, in making decisions on the notification of the resource consents and in the determination of resourceconsentapplications,andinconsideringnoticesofrequirementfordesignationsfortransmission activities.

However, the national policy statement is not meant to be a substitute for, or prevail over, theAct’sstatutorypurposeorthestatutorytestsalreadyinexistence.Further,thenationalpolicy statement is subject to Part 2 of the Act.

For decision-makers under the Act, the national policy statement is intended to be a relevant consideration to be weighed along with other considerations in achieving the sustainable management purpose of the Act.

This preamble may assist the interpretation of the national policy statement, where this is needed to resolve uncertainty.

1. TitleThis national policy statement is the National Policy Statement on Electricity Transmission 2008.

2. CommencementThis national policy statement comes into force on the 28th day after the date on which it is notified in the Gazette.

3. InterpretationInthisnationalpolicystatement,unlessthecontextotherwiserequires:Act means the Resource Management Act 1991.

Decision-makersmeansallpersonsexercisingfunctionsandpowersundertheAct.

2

National Policy Statement on Electricity Transmission

Electricity transmission network, electricity transmission and transmission activities/assets/infrastructure/resources/system all mean part of the national grid of transmission lines and cables (aerial, underground and undersea, including the high-voltage direct current link), stations and sub-stations and other works used to connect grid injection points and grid exitpointstoconveyelectricitythroughouttheNorthandSouthIslandsofNewZealand.

National environmental standard means a standard prescribed by regulations made under the Act.

National grid means the assets used or owned by Transpower NZ Limited. Sensitive activities includes schools, residential buildings and hospitals.

4. Matter of national significanceThe matter of national significance to which this national policy statement applies is the need to operate, maintain, develop and upgrade the electricity transmission network.

5. ObjectiveTo recognise the national significance of the electricity transmission network by facilitating theoperation,maintenanceandupgradeoftheexistingtransmissionnetworkandtheestablishment of new transmission resources to meet the needs of present and future generations, while:• managingtheadverseenvironmentaleffectsofthenetwork;and

• managingtheadverseeffectsofotheractivitiesonthenetwork.

6. Recognition of the national benefits of transmissionPOLICY 1In achieving the purpose of the Act, decision-makers must recognise and provide for the national, regional and local benefits of sustainable, secure and efficient electricity transmission. The benefits relevant to any particular project or development of the electricity transmission network may include:i) maintainedorimprovedsecurityofsupplyofelectricity;or

ii) efficienttransferofenergythroughareductionoftransmissionlosses;or

iii) the facilitation of the use and development of new electricity generation, including renewablegenerationwhichassistsinthemanagementoftheeffectsofclimatechange;or

iv) enhanced supply of electricity through the removal of points of congestion.

Theabovelistofbenefitsisnotintendedtobeexhaustiveandaparticularpolicy,plan,projector development may have or recognise other benefits.

7. Managing the environmental effects of transmissionPOLICY 2In achieving the purpose of the Act, decision-makers must recognise and provide for the effective operation, maintenance, upgrading and development of the electricity transmission network.

POLICY 3When considering measures to avoid, remedy or mitigate adverse environmental effects of transmission activities, decision-makers must consider the constraints imposed on achieving thosemeasuresbythetechnicalandoperationalrequirementsofthenetwork.

POLICY 4When considering the environmental effects of new transmission infrastructure or major upgradesofexistingtransmissioninfrastructure,decision-makersmusthaveregardtotheextenttowhichanyadverseeffectshavebeenavoided,remediedormitigatedbytheroute,site and method selection.

POLICY 5When considering the environmental effects of transmission activities associated with transmission assets, decision-makers must enable the reasonable operational, maintenance andminorupgraderequirementsofestablishedelectricitytransmissionassets.

3


POLICY 6Substantial upgrades of transmission infrastructure should be used as an opportunity to reduce existingadverseeffectsoftransmissionincludingsucheffectsonsensitiveactivitieswhereappropriate.

POLICY 7Planning and development of the transmission system should minimise adverse effects on urban amenity and avoid adverse effects on town centres and areas of high recreational value or amenity andexistingsensitiveactivities.

POLICY 8In rural environments, planning and development of the transmission system should seek to avoid adverse effects on outstanding natural landscapes, areas of high natural character and areas ofhighrecreationvalueandamenityandexistingsensitiveactivities.

POLICY 9Provisions dealing with electric and magnetic fields associated with the electricity transmission network must be based on the International Commission on Non-ioninsing Radiation Protection Guidelines for limiting exposure to time varying electric magnetic fields (up to 300 GHz) (Health Physics,1998,74(4):494-522)andrecommendationsfromtheWorldHealthOrganisationmonograph Environment Health Criteria (No 238, June 2007) or revisions thereof and any applicable New Zealand standards or national environmental standards.

8. Managing the adverse effects of third parties on the transmission networkPOLICY 10InachievingthepurposeoftheAct,decision-makersmusttotheextentreasonablypossiblemanage activities to avoid reverse sensitivity effects on the electricity transmission network and to ensure that operation, maintenance, upgrading, and development of the electricity transmission network is not compromised.

POLICY 11Local authorities must consult with the operator of the national grid, to identify an appropriate buffercorridorwithinwhichitcanbeexpectedthatsensitiveactivitieswillgenerallynotbeprovided for in plans and/or given resource consent. To assist local authorities to identify these corridors,theymayrequesttheoperatorofthenationalgridtoprovidelocalauthoritieswithits medium to long-term plans for the alteration or upgrading of each affected section of the national grid (so as to facilitate the long-term strategic planning of the grid).

9. MapsPOLICY 12Territorial authorities must identify the electricity transmission network on their relevant planning maps whether or not the network is designated.

10.Long-term strategic planning for transmission assetsPOLICY 13Decision-makers must recognise that the designation process can facilitate long-term planning for the development, operation and maintenance of electricity transmission infrastructure.

POLICY 14Regional councils must include objectives, policies and methods to facilitate long-term planning for investment in transmission infrastructure and its integration with land uses.

Explanatory noteThis note is not part of the national policy statement but is intended to indicate its general effect

This national policy statement comes into force 28 days after the date of its notification in the Gazette. It provides that electricity transmission is a matter of national significance under the Resource Management Act 1991 and prescribes an objective and policies to guide the making of resource management decisions.

Thenationalpolicystatementrequireslocalauthoritiestogiveeffecttoitsprovisionsinplansmade under the Resource Management Act 1991 by initiating a plan change or review within four years of its approval.

4
