1 Summary Statement 6 - Balance of RSI(5874069.3).docx
MEDIATION 6 - GWRC SUMMARY STATEMENT
TOPIC: BENEFICIAL USE AND DEVELOPMENT
Sub-topic
1. Balance of Regionally Significant Infrastructure (RSI)
Proposed mediation date/s
2. 10 March 2020
Proposed GWRC attendees at the mediation
3. The following will attend on behalf of GWRC:
a. Mary O'Callahan – Planning Consultant
b. Kerry Anderson - DLA Piper – Legal Counsel
Relevant provisions
Provision1 Page reference2
2.1.1 Objectives 14
Objective O12: Benefits of regionally significant infrastructure 42
Objective O13: Protecting regionally significant infrastructure 42
Policy P12: Benefits of regionally significant infrastructure and
renewable energy generation
60
Policy 12A: Benefits of mineral resource utilisation 60
Policy P13: Existing regionally significant infrastructure and
renewable energy generation
60
Policy P14: Incompatible activities adjacent to regionally significant
infrastructure, renewable energy generation and significant mineral
resources
61
New provisions
New Provision Page reference
New objective - O12A - RSI functional need N/A
1 These provisions are set out in Appendix A.
2 Decision version clause 16 of the PNRP.
2 Summary Statement 6 - Balance of RSI(5874069.3).docx
New policy – RSI and sites with significant values N/A
New Policy – RSI in sensitive environments (Policy Y) N/A
New Policy-Specifically recognise the management of environmental
effects of new National & Grid Infrastructure P13A
N/A
New Rule R156A - Permit certain National Grid activities on the
foreshore
N/A
Appellant(s)
Appellant Court reference (ENV)
First Gas Ltd ENV-2019-WLG-000132
Horticulture NZ ENV-2019-WLG-000103
Masterton District Council ENV-2019-WLG-000110
Meridian Energy Ltd ENV-2019-WLG-000115
NZ Transport Agency ENV-2019-WLG-000131
Porirua City Council ENV-2019-WLG-000116
Rangitāne Tu Mai Ra Trust and Rangitāne o Wairarapa Inc
Society (Rangitāne)
ENV-2019-WLG-000125
Royal Forest and Bird Protection Society ENV-2019-WLG-000130
South Wairarapa District Council ENV-2019-WLG-000127
Transpower NZ Ltd ENV-2019-WLG-000108
Wellington International Airport Ltd ENV-2019-WLG-000117
Wellington Water Ltd ENV-2019-WLG-000123
3 Summary Statement 6 - Balance of RSI(5874069.3).docx
Section 274 parties
Party
CentrePort Limited and CentrePort Properties Ltd (Centreport)
Federated Farmers
Horticulture New Zealand
Kainga Ora Homes and Communities
Kāpiti Coast District Council
Meridian Energy Limited
Masterton District Council
Minister of Conservation
NZ Transport Agency
Porirua City Council
Powerco Ltd
Rangitāne
Royal Forest and Bird Protection Society
South Wairarapa District Council
The Oil Companies - Z Energy Limited, BP Oil NZ Ltd and Mobil Oil NZ Ltd
Transpower NZ Limited
Wairarapa Water User’s Incorporated Society
Wellington Fish and Game Council
Wellington International Airport Ltd
Wellington Water Ltd
Winstone Aggregates
Appeal Points
4. Sub-topic issues are:
4.1 Issue 1: Provision for the management of effects of RSI and REG and relationship with other
provisions of the Plan
4.2 Issue 2: Objective 12 and Policy 12 ‘provide for’ vs recognise
4.3 Issue 3: Inclusion of ‘coastal marine area’ and ‘beds of rivers and lakes’ in Objective O13 and
Policy P12
4 Summary Statement 6 - Balance of RSI(5874069.3).docx
4.4 Issue 4: Protection from the effects of reverse sensitivity and incompatible activities (Policy
P14)
4.5 Issue 5: Inclusion of a policy to provide for ‘functional need or operational requirements’
4.6 Issue 6: Inclusion of objective and policy protecting and providing for ‘mineral resources’
4.7 Issue 7: Provision for ‘roads’ in Objective O12 and Policy P12
4.8 Issue 8: New rule for activities related to the National Grid
4.9 Issue 9: Additional criteria for Policy P12
5 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 1: Provision for the management of effects of RSI and relationship with other provisions
of the Plan
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A017/010 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
NZ Transport
Agency
The benefits of regionally
significant
infrastructure and renewable
energy generation
activities must be are
recognised and provided
for by having regard to taking
into account:
…
(b) the investment in, and
the location of existing
infrastructure and structures,
and
…
(d) the functional need and
operational requirements
associated with in developing,
operating, maintaining and
upgrading regionally
significant
infrastructure and renewable
energy generation
activities within the coastal
marine area, the coastal
environment, Scheduled sites
or over, under,
within and adjacent the beds
of lakes and rivers;
(e) the operational
requirements associated with
developing, operating,
maintaining and upgrading
regionally significant
infrastructure and renewable
energy generation activities.
Meridian Energy Limited
(S)
Minister of Conservation
(O)
Wellington Water Ltd (S)
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (N)
Wellington International
Airport Ltd (S)
CentrePort (S)
Rangitāne (O)
Powerco Ltd (N)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
A019/051 Policy P13: Existing
regionally significant
infrastructure and
Rangitāne Amend to state where the
benefit is accrued and to be
clear that adverse effects of
the operation, use,
Wellington Water Ltd (O)
Wellington International
Airport Ltd (O)
6 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
renewable electricity
generation activities
maintenance and upgrade can
still have adverse effects on
the environment and need to
be managed.
No wording is provided.
CentrePort (O)
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (O)
NZ Transport Agency (O)
Meridian Energy Limited
(O)
Powerco Ltd (O)
Wellington Fish and
Game Council (S)
Royal Forest and Bird
Protection Society (S)
A020/023 Policy P13: Existing
regionally significant
infrastructure and
renewable electricity
generation activities
Royal Forest
and Bird
Protection
Society
Reinstate notified policies with
the words “provided adverse
effects are avoided remedied
or mitigated” added at the end
of both Policy P13 and P15.
Wellington Water Ltd (O)
Transpower NZ Limited
(O)
Wellington International
Airport Ltd (O)
CentrePort (O)
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (O)
NZ Transport Agency (O)
Rangitāne (O)
Meridian Energy Limited
(O)
Powerco Ltd (O)
Wellington Fish and
Game Council (S)
Kainga Ora Homes and
Communities (O)
A017/011 Policy P13: Existing
regionally significant
infrastructure and
renewable electricity
generation activities
NZ Transport
Agency
Amend Policy P13:
The use, development,
operation, maintenance,
and upgrade of regionally
Wellington Water Ltd (S)
The Oil Companies - Z
Energy Limited, BP Oil
7 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
significant
infrastructure and renewable
energy generation
activities are provided for, and
the development (including
major upgrade) of Regionally
Significant Infrastructure, is
enabled while considering
social, environmental,
economic and cultural effects
by taking into account:
(a) The nature and scale of the
receiving environment, and in
particular the importance of
addressing effects on natural
and physical resources that
have been Scheduled in
Chapter 12; and
(b) The functional, locational
and/or operational needs of
the Regionally Significant
Infrastructure, including
enabling and ancillary
activities and its ability to
integrate with other
infrastructure and with land
uses.
NZ Ltd and Mobil Oil NZ
Ltd (N)
Wellington International
Airport Ltd (S)
CentrePort (S)
Rangitāne (O)
Meridian Energy Limited
(N)
Powerco Ltd (N)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
A031/085 Policy P13: Existing
regionally significant
infrastructure and
renewable electricity
generation activities
Wellington
Water Ltd
Policy P13 states that
regionally significant
infrastructure is “provided for”
but this is not meaningfully
carried through into the
regulatory provisions of the
Plan.
Policies P13 and P14 should
be amended to make better
provision for protection of
regionally significant
infrastructure relative to mana
whenua values, recreational
values, ecological values,
historic heritage values and
natural character values so
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (N)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Horticulture New Zealand
(O)
8 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
that, in circumstances where
incompatibility arises, the
objective and policy provisions
do not predetermine which
values take priority.
No wording is provided.
Powerco Ltd (N)
NZ Transport Agency (S)
A025/020 Policy P14:
Incompatible activities
adjacent to regionally
significant
infrastructure,
renewable electricity
generation activities
and significant
mineral resources
Transpower NZ
Ltd
Add an additional policy as
follows (or similar): Policy
P13A: Managing
environmental effects of new
National Grid infrastructure.
When considering the
environmental effects of new
infrastructure associated with
the National Grid, or major
upgrades of the existing
National Grid, decision makers
shall have regard to: (a) the
benefits of the infrastructure to
meet the needs of present and
future generations, (b) the
extent to which any adverse
environmental effects have
been avoided, remedied or
mitigated by the route, site and
method selection; and (c) the
constraints imposed by the
technical and operational
requirements of the National
Grid.
Specific wording is provided in
Appendix 1 to the appeal.
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (N)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Horticulture New Zealand
(O)
Powerco Ltd (N)
NZ Transport Agency (S)
A019/052 New policy Rangitāne Add in a new policy to ensure
that new, or increases in scale
or extent of existing, regionally
significant infrastructure and
renewable energy generation
facilities shall avoid causing
adverse effects on sites in
Schedules A to F, H and J.
No wording is provided.
Wellington International
Airport Ltd (O)
Wellington Fish and
Game Council (S)
Royal Forest and Bird
Protection Society (S)
9 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A017/012 New policy NZ Transport
Agency
Add a new policy as follows:
Adverse effects arising from
the operation, maintenance,
upgrading and development of
Regionally Significant
Infrastructure shall generally
be managed by:
a) Avoiding effects;
b) Where effects cannot be
practically avoided, remedying
them;
c) Where effects cannot be
practically remedied,
mitigating them;
d) Where residual adverse
effects remain, it may be
appropriate to consider the
use of off-sets and/or other
forms of environmental
compensation.
Minister of Conservation
(O)
Wellington Water Ltd (O)
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (N)
Wellington International
Airport Ltd (S)
CentrePort (S)
Rangitāne (O)
Meridian Energy Limited
(S)
Powerco Ltd (N)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
A025/004 New policy Transpower New Policy 13A
New Policy 13A: Managing
environmental effects of new
National Grid infrastructure
Where the National Grid has a
functional, operational or
technical need to locate in the
coastal environment, beds of
lakes or river or wetlands,
manage the adverse effects
arising from their activities by:
a) When undertaking a route,
site and method selection
process, seeking to avoid
adverse effects on the values
of the following:
Meridian Energy Limited
(S)
Royal Forest and Bird
Protection Society (O)
10 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
I. Outstanding water bodies;
II. Outstanding natural
character;
III. Outstanding natural
features and landscapes;
IV. Areas of significant
indigenous vegetation and
significant habitats of
indigenous fauna;
b) Where it is not practicable
to avoid adverse effects on the
values of the areas listed in a)
above because of the
functional, operational or
technical needs of the National
Grid, consider utilising the
more modified parts of these
areas;
c) Adverse effects which
cannot be avoided are
remedied or mitigated to the
extent practicable, having
regard to the activity’s
technical and operational
requirements;
d) Avoiding, remedying or
mitigating other adverse
effects to the extent
practicable;
e) Recognising there may be
some areas in the coastal
environment where avoidance
of adverse effects is required
to protect the identified special
values of those areas.
Where there is a conflict, this
Policy 13A prevails over other
policies in the Plan.
11 Summary Statement 6 - Balance of RSI(5874069.3).docx
Related appeal points from other sub-topics
5. At a high level, the issues identified here are about how the effects of infrastructure are dealt with
in the proposed Plan, i.e., how these provisions relate to the other effects based provisions in the
proposed Plan (e.g. avoid policies for sites of significance) and whether additional qualifiers,
policies, etc. dealing with effects management or constraints should be included in this part of the
plan. Other appeal points directly connected to this issue therefore include:
5.1. Appeal sub-topic 4: Importance of land and water
5.2. Appeal sub-topic 5: RSI definitions
5.3. Appeal sub-topic 7: Outstanding natural character, features and landscapes
5.4. Appeal sub-topic 11: Coastal structures
5.5. Appeal sub-topic 13: Motor vehicles on beaches
5.6. Appeal sub-topic 15: Balance of coastal activities
5.7. Appeal sub-topic 16: Natural hazards and seawalls
5.8. Appeal sub-topic 17: Mana whenua sites
5.9. Appeal sub-topic 32: Wastewater
5.10. Appeal sub-topic 33: Stormwater
5.11. Appeal sub-topic 34: Balance of water quality
5.12. Appeal sub-topic 41: Wetlands
5.13. Appeal sub-topic 42: Biodiversity, aquatic ecosystem health and mahinga kai
5.14. Appeal sub-topic 44: Mitigation hierarchy
5.15. Appeal topic 46: Reclamation and
5.16. Appeal topic 47: Balance of beds of lakes and rivers
Summary of decision
6. The Decision considered whether the importance and benefits of RSI and REG meaningfully carry
through into other provisions of the proposed Plan, responding to concerns that other values (mana
whenua, ecological values, historic heritage, natural character for example) may be seen as more
important than the benefits of providing or protecting RSI and REG. The Decision determined the
addition of qualifiers limiting the recognition of benefits of RSI and REG activities in scheduled
areas, or to exclude applicability of scheduled areas to enable RSI or REG activities, were not
required. The Decision noted strategic direction from higher order documents does not require the
proposed Plan to provide an enabling pathway for RSI or REG activities in all circumstances, but
that equally the benefits of RSI and REG activities do not cease to exist where they fall within a
scheduled area.
12 Summary Statement 6 - Balance of RSI(5874069.3).docx
7. Where the interface between RSI and REG activities and sites of significance or scheduled sites
occurs, the Decision expressed that the Plan will be read as a whole, and therefore also take account
of Objectives O12, O13, O53 and their supporting Policies (P9, P12 and P13, for example) that also
recognise the benefits of RSI and REG. The Decision considered that when read as an integrated
whole, the policies (as amended) best implement the relevant objectives and higher order statutory
direction without cause for further rationalisation.
Changes since the decision and outcome of direct discussions
8. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
9. Nil.
Council position
10. Council is currently reviewing potential RSI and REG activities in sites of significance that are
subject to strict avoid policies, to confirm the impact of the Plan’s “read as a whole” structure. This
will inform the Council’s understanding around whether consent pathways are available under the
effects based policies where they are expected to be necessary to provide for RSI and REG and this
is not prevented by higher order policy documents.
11. This is a key issue for the proposed Plan, Council is wanting to brainstorm options for giving
infrastructure providers comfort around consenting pathways, where this is needed and appropriate.
Issues for discussion
12. The most appropriate mechanism to manage effects of RSI and REG.
13. Options to resolve tension between the direction of higher order documents and the need to provide
for RSI and REG activities.
Outcomes from prior mediation topics of relevance
14. Not applicable.
13 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 2: Objective 12 and Policy 12 ‘provide for’ vs recognise
GWRC
Appeal
point
Ref.
Provision Appellants Summary of
appellant’s relief
sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A030/003 2.1.1 Objectives Wellington
International
Airport Ltd
Insert the following new
Objective(s) into the
Proposed Plan:
Objective O# (amend
numbering as necessary) -
Development of regionally
significant infrastructure
Provide for and enable the
development and growth of
regionally significant
infrastructure.
And/ or
The safe, effective and
efficient use, operation,
maintenance, upgrade and
development of regionally
significant infrastructure is
provided.
And/or
To recognise that regionally
significant infrastructure
represents appropriate use
and development in all
environments where there
are functional needs or
operational requirements.
Wellington Water Ltd (S)
CentrePort (S)
Porirua City Council (S)
Kāpiti Coast District Council
(S)
Royal Forest and Bird
Protection Society (O)
A015/003 Objective O12:
Benefits of regionally
significant
infrastructure
Meridian
Energy Ltd
Amend Objective O12 as
follows:
The social, economic,
cultural and environmental
benefits of regionally
significant
infrastructure, renewable
energy generation
activities and the utilisation
of mineral resources are
recognised and provided
for.
Wellington International
Airport Ltd (S)
CentrePort (S)
Rangitāne (O)
NZ Transport Agency (S)
Royal Forest and Bird
Protection Society (O)
14 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of
appellant’s relief
sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A030/006 Objective O12:
Benefits of regionally
significant
infrastructure
Wellington
International
Airport
Amend Objective O12 as
follows:
The social, economic,
cultural and environmental
benefits of regionally
significant infrastructure,
renewable energy
generation activities and
the utilisation of mineral
resources are
recognised and provided
for.
CentrePort (S)
NZ Transport Agency (S)
Meridian Energy Limited
(S)
Porirua City Council (S)
Kāpiti Coast District Council
(S)
Royal Forest and Bird
Protection Society (O)
A020/005 Objective O12:
Benefits of regionally
significant
infrastructure
Royal Forest
and Bird Soc.
Reinstate notified objective:
The social, economic,
cultural, and environmental
benefits of regionally
significant infrastructure
and renewable energy
generation activities are
recognised.
Meridian Energy Limited
(O)
Winstone Aggregates (O)
Wellington International
Airport Ltd (O)
CentrePort (O)
Rangitāne (S)
Kāpiti Coast District Council
(O)
Wellington Fish and Game
Council (S)
Kainga Ora Homes and
Communities (O)
A025/001 Objective O12:
Benefits of regionally
significant
infrastructure
Transpower NZ
Ltd
Amend Objective 12:
The social, economic,
cultural and environmental
benefits of regionally
significant infrastructure,
renewable energy
generation activities and
the utilisation of mineral
resources are
recognised and provided
for.
Winstone Aggregates (S)
Wellington International
Airport Ltd (S)
CentrePort (S)
Meridian Energy Limited
(S)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
A017/003 Objective O12:
Benefits of regionally
NZ Transport
Agency
Amend Objective O12:
The social, economic,
cultural and environmental
Meridian Energy Limited
(S)
15 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of
appellant’s relief
sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
significant
infrastructure
benefits of regionally
significant infrastructure,
renewable energy
generation activities and
the utilisation of mineral
resources are
recognised and provided
for within the region (and
beyond).
Wellington International
Airport Ltd (S)
CentrePort (S)
Rangitāne (O)
Meridian Energy Limited
(S)
Porirua City Council (S)
Kāpiti Coast District Council
(S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
A031/084 Objective O12:
Benefits of regionally
significant
infrastructure
Wellington
Water Ltd
Objective O12 is amended
to provide for the benefits
of regionally significant
infrastructure.
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District Council
(S)
Porirua City Council (S)
Powerco Ltd (N)
NZ Transport Agency (S)
A030/020 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
Wellington
International
Airport
Amend Policy P12 as
follows:
Policy P12: Benefits of
regionally significant
infrastructure and
renewable electricity
generation facilities
The benefits of regionally
significant infrastructure
and renewable energy
generation activities are
recognised and provided
for by having regard to: …
CentrePort (S)
NZ Transport Agency (S)
Meridian Energy Limited
(S)
Porirua City Council (S)
Kāpiti Coast District Council
(S)
Royal Forest and Bird
Protection Society (O)
A025/003 Policy P12: Benefits of regionally significant
Transpower NZ
Ltd
Amend Policy 12: Wellington Water Ltd (S)
16 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of
appellant’s relief
sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
infrastructure and renewable energy generation
The benefits of regionally
significant infrastructure
and renewable energy
generation activities are
recognised and provided
for by having regard to:
(a) the strategic integration
of infrastructure and land
use, and
(b) the location of existing
infrastructure and
structures, and
(c) the need for renewable
energy generation activities
to locate where the
renewable energy
resources exist, and
d) the functional need and
operational and
technical requirements
associated with developing,
operating, maintaining and
upgrading regionally
significant infrastructure
and renewable energy
generation activities.
Wellington International
Airport Ltd (S)
CentrePort (S)
The Oil Companies - Z
Energy Limited, BP Oil NZ
Ltd and Mobil Oil NZ Ltd
(N)
NZ Transport Agency (S)
Meridian Energy Limited
(S)
Powerco Ltd (N)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
Related appeal points from other sub-topics
15. Sub-topic 4: Importance of land and water, and Sub-topic 5: RSI definitions.
Summary of decision
16. The Decision considered Objectives O12 and O13 together concluding the provisions only require
Council to ‘recognise’ rather than ‘provide for’ (or similar wording - enable or facilitate for
example) RSI and REG. The Decision determined the term “recognise” was more consistent with
Policy 7 of the RPS and “protect” as used in Objective O13 as being consistent with Policy 8 of the
RPS.
17. Turning to ‘recognise’ vs ‘provide for’ as it relates to Policy 12 of the proposed Plan, the Decision
noted that Policy P12’s purpose is to explain how Objective O12 will be implemented and was not
17 Summary Statement 6 - Balance of RSI(5874069.3).docx
required to stipulate a ‘provide for’ or ‘enable’ direction. The Decision considered that Objective
O12 is about recognition of benefits and that Policy P12 implements that aim appropriately.
18. The Decision considered Policy P13 was the most appropriate mechanism for ‘providing for’ or
enabling RSI and REG and that therefore this did not need to be stipulated at the Objective level.
Noting the higher order direction from the NPS-ET and NPS-REG in particular, the Decision made
amendments to Policy P13 to require that development, operation, maintenance and upgrade of RSI
and REG activities (new and existing) are provided for. The Decision noted that this amendment
better implements the objectives in the PNRP and the higher order direction from the relevant
national policy instruments.
Changes since the decision
19. There are no clause 16 changes relevant to this appeal point.
Outcome of direct discussions
20. Nil.
Council position
21. Council notes that ‘recognition’ of the benefits of RSI and REG is set at the objective level. Whereas
the development, operation, maintenance and upgrading of regionally significant infrastructure and
renewable energy generation activities i.e. “provided for” is covered by Policy P13.
22. The higher order NPS and RPS documents consistently direct “recognition” of RSI and REG.
“Protection” (generally from other activities) is also a consistent theme. The RPS is not specific
around directing the regional plan to “provide for” infrastructure, but higher order NPS (e.g.
NPSET, NPSREG and NZCPS), all use “provide for” / “enable” language in the context of
infrastructure. While there are gaps in the coverage of NPS relevant to RSI, Council’s view is this
doesn’t necessarily mean there needs to be a different response taken in the Proposed Plan, so long
as the approach is not inconsistent with the higher order documents.
23. Council is open to reviewing the drafting of the objectives and policies to ensure that overall, the
Plan appropriately supports recognition and provision for RSI and REG. However, there could be
alternative approaches to simply repeating “providing for” at both the objective and policy level. In
particular, there could be an opportunity to express a clear infrastructure “outcome” at the objective
level.
Issues for discussion
24. Whether RSI and REG are adequately “provided for” by the plan and if not, options for addressing
this concern.
18 Summary Statement 6 - Balance of RSI(5874069.3).docx
Outcomes from prior mediation topics of relevance
25. Not applicable.
19 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 3: Inclusion of ‘coastal marine area’ and ‘beds of rivers and lakes’ in Objective O13 and
Policy P12
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A025/002 Objective O13:
Existing regionally
significant
infrastructure and
renewable energy
generation
Transpower NZ
Ltd
Amend Objective 13:
Significant mineral resources
and the ongoing operation,
maintenance and upgrade of
regionally significant
infrastructure and renewable
energy generation activities in
the coastal marine area and
beds of rivers and lakes are
protected from incompatible
use and development
occurring under, over, or
adjacent to the infrastructure
or activity.
Wellington International
Airport Ltd (S)
CentrePort (S)
NZ Transport Agency (S)
Meridian Energy Limited
(S)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
A017/004 Objective O13:
Existing regionally
significant
infrastructure and
renewable energy
generation
NZ Transport
Agency
Amend Objective O13:
Significant mineral resources
and the ongoing operation,
maintenance and upgrade of
regionally significant
infrastructure and renewable
energy generation activities in
the coastal marine area and
beds of rivers and lakes are
protected from incompatible
use and development
occurring under, over, or
adjacent to the infrastructure
or activity.
Meridian Energy Limited
(S)
Wellington Water Ltd (S)
Wellington International
Airport Ltd (S)
Rangitāne (O)
Meridian Energy Limited
(S)
Porirua City Council (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
A018/015 Objective O13:
Existing regionally
significant
infrastructure and
renewable energy
generation
Porirua City
Council
Amend Objective O13:
“Significant mineral resources
and the ongoing operation,
maintenance and upgrade of
regionally significant
infrastructure and renewable
energy generation activities in
the coastal marine area,
wetlands and beds of rivers
and lakes are protected from
Wellington Water Ltd (S)
Wellington International
Airport Ltd (N)
South Wairarapa District
Council (S)
Meridian Energy Limited
(O)
Rangitāne
20 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
incompatible use and
development occurring under,
over, or adjacent to the
infrastructure or activity.”
Wellington Fish and
Game Council
Masterton District Council
Royal Forest and Bird
Protection Society (O)
Kāpiti Coast District
Council (S)
A031/110 Objective O13:
Existing regionally
significant
infrastructure and
renewable energy
generation
Wellington
Water Ltd
Objective O13 is amended so
that it does not only apply to
infrastructure in the coastal
marine area and beds of rivers
or lakes, and so that it protects
WWL’s infrastructure from the
effects of discharges to air by
others, or water takes by
others.
No specific wording is
provided.
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Powerco Ltd (O)
NZ Transport Agency (S)
A018/020 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
Porirua City
Council
Amend clause (d) of Policy
P12:
(d) the functional need and
operational requirements
associated with developing,
operating, maintaining and
upgrading regionally
significant infrastructure and
renewable energy generation
activities, including
infrastructure and activities
located in the coastal marine
area and the beds of lakes
and rivers.
Wellington International
Airport Ltd (N)
NZ Transport Agency (S)
Meridian Energy Limited
(O)
Rangitāne (O)
Wellington Fish and
Game Council (O)
Kainga Ora Homes and
Communities (S)
Royal Forest and Bird
Protection Society (O)
Kāpiti Coast District
Council (S)
Related appeal points from other sub-topics
26. There are no other appeal points directly connected to this appeal point.
21 Summary Statement 6 - Balance of RSI(5874069.3).docx
Summary of decision
27. The Decision considered that protections afforded to the RSI and REG activities under Objective
O13 are not limited to the CMA and that this is clearly anticipated by the higher order documents,
including (in particular) Policy 8 of the RPS. The Decision considered removing the reference to
the CMA in the objective such that the provision applies across the entirety of the Council’s
jurisdictional area. However, concluded it is more transparent and consistent with the drafting of
other objectives and policies in the proposed Plan to include explicit reference to the CMA and beds
of lakes and rivers in the objective.
28. In giving effect to Objective O13 the Decision also amended P12 to include explicit reference to
the CMA and beds of lakes and rivers. The Decision also considered the ‘functional need’ aspect
of notified clause (d) should not be limited to the Port in the CMA because other RSI and REG
activities are also relevant, and functional need should not be restricted to the CMA. Accordingly,
Policy P12 was amended to recognise functional need and operational requirements for all RSI and
REG activities beyond just the CMA, also applying the policy to the beds of lakes and rivers. No
explicit consideration was given in the Decision to the addition of wetlands into the objective.
Outcome of direct discussions
29. Nil.
Council position
30. It is Council’s understanding that this issue is related to concern from infrastructure providers that,
under the current proposed Plan framework, RSI or REG activities outside of the beds of rivers and
lakes or the coastal marine area are not recognised or protected i.e, the provisions only protect RSI
and REG in the coastal marine area and beds of rivers and lakes.
31. Council wishes to understand the specific situations where RSI and REG activities would require
regional consents outside of the CMA and beds of lakes and rivers that might point to a broader
objective and policy being more appropriate.
32. The requested amendments by PCC to include the words “including infrastructure and activities
located” are not necessary as these matters are captured within the policy; “…associated with
developing, operating, maintaining and upgrading regionally significant infrastructure and
renewable energy generation activities”.
Issues for discussion
33. Does reference to ‘beds of rivers and lakes’ and the ‘coastal marine area’ need to be included in
Objective O13 and Policy P12.
Outcomes from prior mediation topics of relevance
34. Not applicable.
22 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 4: Protection from reverse sensitivity effects and incompatible activities (Policy P14)
GWRC
Appeal
point Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A004/001 Policy P14:
Incompatible
activities
adjacent to
regionally
significant
infrastructure,
renewable
electricity
generation
activities and
significant
mineral
resources
Horticulture NZ Amend Policy P14 to reinstate
‘new’, as follows: ‘Regionally
significant infrastructure,
renewable energy generation
activities and significant
mineral resources shall be
protected
from new incompatible use
and development occurring
under, over or adjacent to it,
by locating and designing
any new use and development
to avoid, remedy or mitigate
any reverse sensitivity effects.’
Meridian Energy Limited
(O)
Winstone Aggregates (S)
The Oil Companies - Z
Energy Limited, BP Oil NZ
Ltd and Mobil Oil NZ Ltd
(O)
Wellington International
Airport Ltd (O)
Rangitāne (O)
Federated Farmers of
New Zealand (S)
Powerco Ltd (O)
A019/053 Policy P14:
Incompatible
activities
adjacent to
regionally
significant
infrastructure,
renewable
electricity
generation
activities and
significant
mineral
resources
Rangitāne Amend Policy P14 to state
where the benefit is accrued
and to be clear that adverse
effects of the operation, use,
maintenance and upgrade can
still have adverse effects on
the environment and need to
be managed.
No wording is provided.
Wellington Water Ltd (O)
Wellington International
Airport Ltd (O)
CentrePort (O)
NZ Transport Agency (O)
Meridian Energy Limited
(O)
Powerco Ltd (O)
Wellington Fish and
Game Council (S)
Royal Forest and Bird
Protection Society (S)
Related appeal points from other sub-topics
35. Other appeal points directly connected to this appeal point include the issue 1 above.
Summary of decision
36. The Decision considers that reverse sensitivity and protection of RSI and REG from other
incompatible activities is managed by Policy P14 and that this best implements the protection aim
of Objective O13. To make it clearer that P14 is the preferred mechanism to cover reverse
sensitivity effects the Decision removed ‘existing’ from notified Policy P13 noting that this
amendment resolves ambiguity about new versus existing and will better implement the relevant
23 Summary Statement 6 - Balance of RSI(5874069.3).docx
objectives. The Decision considered the evidence from submitters seeking the inclusion of
maintenance and upgrade of RSI be a consideration for the objective in addition to use / operation,
and for the term “new” to be deleted from the objective. In both respects, the Decision found RPS
Policy 8 to be particularly useful when reconciling these matters:
RPS Policy 8 description:
Incompatible subdivisions, land uses or activities are those which adversely affect the efficient
operation of infrastructure, its ability to give full effect to any consent or other authorisation,
restrict its ability to be maintained, or restrict the ability to upgrade where the effects of the upgrade
are the same or similar in character, intensity, and scale. It may also include new land uses that
are sensitive to activities associated with infrastructure.
37. The Decision considers it is clear that the intent of RPS Policy 8 is that maintenance and upgrade
aspects of RSI are to be protected, and that this aligns with related policy wording in the NPS-ET
and NPS-REG. The Decision notes that incompatible activities may be “new” or may not be, and
the policy direction is that RSI should be protected irrespective.
38. Consideration was given to Policy P14 being expanded to provide broader protection to RSI and
REG activities than the notified provision while still implementing RPS Policy 8. However, the
Decision determined that the effects of new and modified activities on RSI and REG facilities over
and above reverse sensitivity effects are managed by various activity-based policies, rules and
methods such that Policy P14 does not need to repeat those provisions. The Decision noted that
management of reverse sensitivity is relevant to the protection of RSI and REG facilities as directed
by the higher order policy documents and found Policy P14 as notified appropriately addresses
those effects.
Changes since the decision and outcome of direct discussions
39. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
40. Nil.
Council position
41. Policy P14 reflects O13 and the RPS in terms of reverse sensitivity in that other activities, including
established activities, need to avoid, remedy or mitigate reverse sensitivity effects, but Council but
would like to understand the cultural use situations of concern to Rangitāne better.
Issues for discussion
42. Whether Policy P14 provides the appropriate guidance for managing reverse sensitivity issues and
Rangitāne's concerns with the Policy.
Outcomes from prior mediation topics of relevance
43. Not applicable.
24 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 5: Inclusion of a policy to provide for ‘functional need or operational requirements’
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A014/003 New Objective
O12A: RSI
functional need
Masterton
District Council
Add new Objective 12A as
follows:
Recognise that some
regionally significant
infrastructure has a functional
need and/or operational
requirement to be located
and/or operated in a particular
environment.
Meridian Energy Limited
(S)
Transpower NZ Limited
(S)
Wellington International
Airport Ltd (N)
Wairarapa Water User’s
Incorporated Society (S)
NZ Transport Agency (S)
Rangitāne (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
A021/003 New Objective
O12A: RSI
functional need
South
Wairarapa
District Council
Add new Objective 12A as
follows:
Recognise that some
regionally significant
infrastructure has a functional
need and/or operational
requirement to be located
and/or operated in a particular
environment.
Wellington Water Ltd (S)
Transpower NZ Limited
(S)
NZ Transport Agency (S)
Rangitāne (O)
Meridian Energy Limited
(S)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
Related appeal points from other sub-topics
44. Appeal points related to the recognition of functional need and operational requirements, and the
relationship of RSI activities with sensitive environments include:
44.1. Appeal sub-topic 11: Coastal structures
44.2. Appeal sub-topic 10: Outstanding natural character, features and landscapes
25 Summary Statement 6 - Balance of RSI(5874069.3).docx
44.3. Appeal sub-topic 14: Balance of coastal activities
44.4. Appeal sub-topic 16: Natural hazards and seawalls
44.5. Appeal sub-topic 17: Mana whenua sites
44.6. Appeal sub-topic 41: Wetlands
44.7. Appeal sub-topic 42: Biodiversity, aquatic ecosystem health and mahinga kai
44.8. Appeal sub-topic 44: Mitigation hierarchy
44.9. Appeal sub-topic 46: Reclamation
Summary of decision
45. The Decision considered functional needs and operational requirements being recognised at an
objective level. The Decision determined that Policy P12 provides this direction, and that this
outcome in the objectives would amount to unnecessary duplication. The Decision considered that
in relation to functional need and operational requirements, higher order direction is appropriately
implemented by the combination of objectives and policies in the Plan such that no change is
required to objectives. The Decision made consequential amendments to Policy P12 to ensure this
relationship provides complete coverage as anticipated by higher order policy documents.
Changes since the decision and outcome of direct discussions
46. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
47. Nil.
Council position
48. Council does not believe the additional policy suggested assists with provision for infrastructure
under the Plan and notes that functional need and operational requirements are already covered in
Policy P12.
Issues for discussion
49. Whether there is adequate recognition of functional need and operational requirements for RSI in
the Plan.
Outcomes from prior mediation topics of relevance
50. Not applicable.
26 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 6: Inclusion of objective and policy protecting and providing for ‘mineral resources’
GWRC
Appeal point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A019/38 Objective O13:
Existing
regionally
significant
infrastructure
and renewable
energy
generation
Rangitāne Objective imposes limitations
on the use of resources for
cultural and traditional
purposes. The objective
should be changed to remove
significant mineral resources
and should only apply to
existing infrastructure and
activities.
Amend the objective and any
related provisions to be clear
that it applies to existing
infrastructure only.
No wording is provided.
Wellington Water Ltd (O)
Wellington International
Airport Ltd (O)
South Wairarapa District
Council (S)
The Oil Companies - Z
Energy Limited, BP Oil NZ
Ltd and Mobil Oil NZ Ltd
(N)
NZ Transport Agency (O)
Meridian Energy Limited
(O)
Powerco Ltd (N)
Masterton District Council
(O)
Wellington Fish and
Game Council (S)
Royal Forest and Bird
Protection Society (S)
A020/022 Policy 12A: Benefits of mineral resource utilisation
Royal Forest
and Bird
Society
Delete policy.
Policy does not give effect to
the NZCPS but no specifics
are provided as to the relevant
provisions of the NZCPS.
Wellington International
Airport Ltd (O)
Rangitāne (S)
Wellington Fish and
Game Council (S)
Kainga Ora Homes and
Communities (O)
Related appeal points from other sub-topics
51. There are no other appeal points directly connected to this appeal point.
Summary of decision
52. The Decision considered that the direction of the RPS requires the proposed Plan to consider the
benefits from using mineral resources and protecting significant mineral resources from the effects
of inappropriate activities. The Decision notes that the direction from the RPS is best given effect
to through acknowledgement at the objective level that mineral resource use can be of significance
27 Summary Statement 6 - Balance of RSI(5874069.3).docx
to the region – and that those benefits will be taken into account through all relevant decisions
subsequently made under the Proposed Plan. On the basis of evidence provided, the Decision
confirmed the proposed Plan does not give sufficient effect to the RPS in relation to regionally
significant mineral resources. The Decision describes there is no reason why the protection from
incompatible activities afforded to RSI and REG activities should not also be applied to mineral
resources given the compatibility between the relevant RPS policies for these activities.
53. The Decision notes that the direction of the RPS further supports the amendments to include
provision for mineral resources in RSI provisions. The Decision describes care was taken to use the
language and associated definitions in the RPS (“mineral” and “significant mineral resources”) so
as to avoid any ambiguity between the RPS and the Proposed Plan. The Decision considered the
addition of regionally significant quarries (or similar) to the definition of RSI as an alternative but
discounted that alternative for fear it would create confusion for plan users, particularly given that
quarries (or mineral resource use) are neither “infrastructure” as defined in the Act nor RSI as
defined in the RPS.
Changes since the decision and outcome of direct discussions
54. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
55. Nil.
Council position
56. Council considers the Plan provisions concerning recognition of significant mineral resources and
protection from sensitive activities are consistent with the direction given in the RPS at Policy 60
and is unclear on the specific NZCPS policy of concern raised by Forest and Bird.
Issues for discussion
57. Whether O13 and P12A are consistent with Policy 60 of the RPS and the NZCPS.
Outcomes from prior mediation topics of relevance
58. Not applicable.
28 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 7: Provision for ‘roads’ in Objective O12 and Policy P12
GWRC
Appeal
point Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A014/002 Objective O12:
Benefits of
regionally
significant
infrastructure
Masterton
District Council
Amend Objective 12 as
follows:
The social, economic, cultural
and environmental and health
and safety benefits of
regionally significant
infrastructure, and renewable
energy generation activities,
the utilisation of mineral
resources, and roads are
recognised and provided for.
Wellington Water Ltd (S)
Wellington International
Airport Ltd (N)
Rangitāne (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
A014/006 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
Masterton
District Council
Amend Policy 12 as follows:
Policy P12: Benefits of
regionally significant
infrastructure and renewable
electricity generation
facilities, and roads.
The benefits of
roads, regionally significant
infrastructure and renewable
energy generation activities
are recognised by having
regard to:
… …(d) the functional need
and operational requirements
associated with developing,
operating, maintaining and
upgrading regionally
significant
infrastructure, renewable
energy generation activities in
the coastal marine area and
the beds of lakes and
rivers, and roads.
Wellington International
Airport Ltd (N)
NZ Transport Agency (S)
Rangitāne (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
Royal Forest and Bird
Protection Society (O)
A021/006 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
South
Wairarapa
District Council
Amend Policy 12 as follows:
Policy P12: Benefits of
regionally significant
infrastructure and renewable
electricity generation
facilities, and roads.
The benefits of
NZ Transport Agency (S)
Rangitāne (O)
Porirua City Council (S)
Kāpiti Coast District
Council (S)
29 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal
point Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
roads, regionally significant
infrastructure and renewable
energy generation activities
are recognised by having
regard to:
… …(d) the functional need
and operational requirements
associated with developing,
operating, maintaining and
upgrading regionally
significant infrastructure,
and renewable energy
generation activities in the
coastal marine area and the
beds of lakes and rivers, and
roads.
Royal Forest and Bird
Protection Society (O)
Related appeal points from other sub-topics
59. This appeal point is directly related to appeals on sub-topic 5: RSI definitions.
Summary of decision
60. The matter of whether district roads are regionally significant infrastructure was considered in
relation to the definition of RSI. The Decision confirmed that, for clarity minor amendments have
been made to the definition of RSI, however alternative amendments sought to increase the scope
of the RSI definition have otherwise been rejected. In particular, the Decision notes that the addition
of local roads had been considered and local roads have local significance, however that benefit
does not extend to the wider region for the purposes of the proposed Plan.
Council position
61. Council is satisfied that roads, where regionally significant, are already captured within the
definition of RSI and that extending the definition or policies to incorporate local roads would then
be inconsistent with the definition of RSI in the RPS.
Issues for discussion
62. Whether the Plan adequately provides for roads.
30 Summary Statement 6 - Balance of RSI(5874069.3).docx
Outcomes from prior mediation topics of relevance
63. Not applicable.
31 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 8: New rule for activities related to the National Grid
GWRC
Appeal point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
A025/017 New rule Transpower New Rule R156A
Rule R156A: Activities
associated with the National
Grid on the foreshore and in
the Cook Strait Cable
Protection Zone, including
those within Schedule C
(mana whenua sites of
significance) – permitted
activity
The following activities
associated with the use,
operation, maintenance,
upgrade or development of the
National Grid within the Cook
Strait Cable Protection Zone,
including within sites of
significance listed in Schedule
C (mana whenua).
(a) Replacement structures
(b) New temporary structures
(c) Inspection, surveying,
maintenance, repair, additions
or alterations to existing
structures
(d) Removal or demolition of
structures
(e) Use of motor vehicles and
(f) General surface water and
foreshore activities (including
launching, retrieving or
temporary mooring of vessels)
Including any associated:
(g) Occupation of space in the
common marine and coastal
area
(h) Disturbance of the
foreshore and seabed
Royal Forest and Bird
Protection Society (O)
32 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
(including any removal of
sand, shingle, shell or other
natural material)
(i) Deposition in, on or under
the foreshore or seabed
(j) Discharge of contaminants
(k) Diversion of open coastal
water
Is a permitted activity,
provided the following
conditions are met:
(l) The structure shall not
cause a hazard to navigation
(m) Any motor vehicles shall
take the most direct route, and
shall only operate within the
area necessary to carry out
the activity to ensure minimal
disturbance to the foreshore or
seabed, and
(n) Any disturbance to the
foreshore and seabed shall be
the minimum area necessary
for the proposed activity
(o) No explosives shall be
used in the removal or
demolition
(p) Except for structures used
for maintenance, inspection
and survey, for any new
structures, written notice
detailing the scale and location
of the structure, and the timing
of construction and removal
shall be given five working
days before work commences
to:
• the Wellington Regional
Council Harbourmaster, and
• Maritime New Zealand, and
33 Summary Statement 6 - Balance of RSI(5874069.3).docx
GWRC
Appeal point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties and
position: Support (S) or
Oppose (O) or Neutral
(N)
• For activities within the
Oterongo (Oteranga) Bay area
listed on Schedule C (mana
whenua), Ngati Toa Rangatira.
(p) The activity shall comply
with the coastal management
general conditions specified
above in Section 5.7.2.
Related appeal points from other sub-topics
64. This appeal point is directly connected to relief sought by Transpower considered under sub-topic
11 – Coastal Structures.
Summary of decision
65. The Decision did not consider a new rule for activities related to the National Grid. However, the
Decision considered submissions from Transpower related to a new policy to better implement
Policies 4 and 5 of the NPS-ET which relates to new infrastructure associated with, and major
upgrades of, the National Grid. The Decision noted that an additional standalone policy is not
necessary to do so and that amendments to Policies P12 and P13 are the most appropriate means
for implementing the relevant PNRP objectives – and in turn the NPS-ET.
Changes since the decision and outcome of direct discussions
66. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
67. Nil.
Council position
68. Council is potentially open to the new rule (R156A) as proposed by Transpower. This request has
significant overlap with matters in sub-topic 11 – Coastal Structures, and is the same relief sought
by Transpower on its appeal on Rule R156 (in Topic 11). The need for a new rule covering
activities associated with the National Grid; to be discussed during sub-topic 11, scheduled for 25
March 2020.
Issues for discussion
69. To discuss in sub-topic 11.
34 Summary Statement 6 - Balance of RSI(5874069.3).docx
Outcomes from prior mediation topics of relevance
70. Not applicable.
35 Summary Statement 6 - Balance of RSI(5874069.3).docx
Issue 9: Additional criteria for Policy P12
GWRC
Appeal
point
Ref.
Provision Appellants Summary of appellant’s
relief sought
Section 274 parties
and position: Support
(S) or Oppose (O) or
Neutral (N)
A031/111 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
Wellington
Water Ltd
Policy P12 is amended to
identify what the benefits of
three waters infrastructure are,
and recognise those benefits
in a meaningful way.
NB: Suggestions for wording
were not provided.
CentrePort (S)
Royal Forest and Bird
Protection Society (O)
Kainga Ora Homes and
Communities (S)
Kāpiti Coast District
Council (S)
Porirua City Council (S)
Horticulture New Zealand
(O)
Powerco Ltd (N)
NZ Transport Agency (S)
A011/003 Policy P12: Benefits of regionally significant infrastructure and renewable energy generation
First Gas Amendments to the Proposed
Plan to include reference to
the BPO:
Policy P12…,
(d) the functional need for port
activities to be located within
the coastal marine area, and
(d) the functional need and
operational requirements
associated with developing,
operating, maintaining and
upgrading regionally
significant infrastructure and
renewable energy generation
activities in the coastal marine
area and the beds of lakes
and rivers
(e) the financial implications of
the activity when compared to
other options; and
(f) the use of the best
practicable option in relation to
the discharge of contaminants
Meridian Energy Limited
(O)
The Oil Companies - Z
Energy Limited, BP Oil
NZ Ltd and Mobil Oil NZ
Ltd (S)
Wellington International
Airport Ltd (N)
CentrePort (S)
Rangitāne (S)
NZ Transport Agency (S)
Powerco Ltd (O)
Porirua City Council (S)
Kainga Ora Homes and
Communities (S)
Royal Forest and Bird
Protection Society (O)
Related appeal points from other sub-topics
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71. There are no other appeal points directly connected to this appeal point.
Summary of decision
72. The Decision did not specifically consider adding the benefits of providing for 3 waters
infrastructure to Policy P12 or the best practicable option as it relates to RSI.
73. The Decision amended Policy P12 so that the functional need aspect was not limited to the Port in
the CMA and the scope of the policy was extended to also apply in the beds of lakes and rivers.
The Decision did not make further amendments to the policy as sought by submitters including that
it was not considered more appropriate for the policy to stipulate a ‘provide for’ or ‘enable’
direction. The Decision considered the policy’s main role is to explain how Objective O12 will be
implemented – O12 is about recognition of benefits only and the Decision was that P12 implements
that aim appropriately.
Changes since the decision and outcome of direct discussions
74. There are no clause 16 changes relevant to these appeal points.
Outcome of direct discussions
75. Nil.
Council position
76. While matters relating to best practicable option, financial implications and investment in
infrastructure are not directly included in P12, the definition of “operational requirement” –
includes efficiency considerations so Council considers financial efficiency is already covered.
77. A policy setting out the specific benefits of certain infrastructure (i.e. three waters infrastructure)
would be cumbersome to complete for all forms of RSI and wouldn’t add any particular value to
the enablement of RSI.
Issues for discussion
78. The merits of broadening the considerations under Policy P12.
Outcomes from prior mediation topics of relevance
79. None at the time of writing.
37 Summary Statement 6 - Balance of RSI(5874069.3).docx
APPENDIX A - RELEVANT PROVISIONS (DECISIONS VERSION - WITH CLAUSE 16
CHANGES)
Chapter 3 Objectives
Objective O12
The social, economic, cultural and environmental benefits of regionally significant
infrastructure, and renewable energy generation activities and the utilisation of
mineral resources are recognised.
Objective O13
The Significant mineral resources use and the ongoing operation, maintenance and
upgrade of regionally significant infrastructure and renewable energy generation
activities in the coastal marine area and beds of rivers and lakes are protected from
new incompatible use and development occurring under, over, or adjacent to the
infrastructure or activity.
Chapter 4 Policies
Policy P12: Benefits of regionally significant infrastructure and renewable electricity generation facilities
The benefits of regionally significant infrastructure and renewable energy
generation activities are recognised by having regard to:
(a) the strategic integration of infrastructure and land use, and
(b) the location of existing infrastructure and structures, and
(c) the need for renewable energy generation activities to locate where the
renewable energy resources exist, and
(d) the functional need for port activities to be located within the coastal marine
area, and
(ed) the functional need and operational requirements associated with
developing, operating, maintaining and upgrading regionally significant
infrastructure and renewable energy generation activities in the coastal
marine area and the beds of lakes and rivers.
Policy P12A: Benefits of mineral resource utilisation When considering proposals that relate to the use of the Region’s mineral resources,
particular regard will be given to the benefits from the utilisation of those resources.
Policy P13: Providing for Existing regionally significant infrastructure and renewable electricity generation facilities activities
The use, development, operation, maintenance, and upgrade of existing regionally
significant infrastructure and renewable energy generation activities are
beneficial and generally appropriate provided for.
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Policy P14: Incompatible activities adjacent to regionally significant infrastructure, and renewable electricity generation activities and significant mineral resources
Regionally significant infrastructure, and renewable energy generation activities
and significant mineral resources shall be protected from new incompatible use and
development occurring under, over or adjacent to it, by locating and designing any
new use and development to avoid, remedy or mitigate any reverse sensitivity effects.