Upload
others
View
0
Download
0
Embed Size (px)
Citation preview
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
3 W15094_006c 20170720
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
4 W15094_006c 20170720
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
5 W15094_006c 20170720
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
6 W15094_006c 20170720
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
7 W15094_006c 20170720
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
8 W15094_006c 20170720
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
9 W15094_006c 20170720
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).
10 W15094_006c 20170720
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)
11 W15094_006c 20170720
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:
12 W15094_006c 20170720
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.
13 W15094_006c 20170720
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.
14 W15094_006c 20170720
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
15 W15094_006c 20170720
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
16 W15094_006c 20170720
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
17 W15094_006c 20170720
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
18 W15094_006c 20170720
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
W15094_006c 20170720
Appendix A – Officer Recommendations Accepted or Supported
W15094_006c 20170720
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
PROPOSED DRAFT ŌPŌTIKI DISTRICT PLAN 2016 – RECOMMENDED TRACK CHANGES
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
PROPOSED DRAFT ŌPŌTIKI DISTRICT PLAN 2016 – RECOMMENDED TRACK CHANGES
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
PROPOSED DRAFT ŌPŌTIKI DISTRICT PLAN 2016 – RECOMMENDED TRACK CHANGES
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
PROPOSED DRAFT ŌPŌTIKI DISTRICT PLAN 2016 – RECOMMENDED TRACK CHANGES
Figure 1: 110kV line: Diagram to explain the definitions of National Grid Yard and National Grid Subdivision Corridor
W15094_006c 20170720
Appendix C – National Grid Assets in the Ōpōtiki District
W15094_006c 20170720
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
National Policy Statement on Electricity Transmission
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
National Policy Statement on Electricity Transmission