MEDIATION 6 - GWRC SUMMARY STATEMENT · 2020-03-09 · A019/051 Policy P13: Existing regionally significant infrastructure and Rangitāne Amend to state where the benefit is accrued

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


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.


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


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


4.4 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


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


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


energy generation activities.


(S)


(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


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)


Airport Ltd (O)


GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



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)




Ltd (O)

NZ Transport Agency (O)


(O)

Powerco Ltd (O)

Wellington Fish and

Game Council (S)


Protection Society (S)



infrastructure and



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.



(O)


Airport Ltd (O)

CentrePort (O)




Ltd (O)


Rangitāne (O)


(O)

Powerco Ltd (O)

Wellington Fish and

Game Council (S)


Communities (O)



infrastructure and



NZ Transport

Agency

Amend Policy P13:

The use, development,

operation, maintenance,

and upgrade of regionally





GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)

significant


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.


Ltd (N)


Airport Ltd (S)

CentrePort (S)

Rangitāne (O)


(N)

Powerco Ltd (N)





Communities (S)



infrastructure and



Wellington

Water Ltd

Policy P13 states that


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


infrastructure relative to mana

whenua values, recreational

values, ecological values,

historic heritage values and

natural character values so




Ltd (N)




Communities (S)


Council (S)



(O)


GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)

that, in circumstances where

incompatibility arises, the

objective and policy provisions

do not predetermine which

values take priority.


Powerco Ltd (N)

NZ Transport Agency (S)

A025/020 Policy P14:

Incompatible activities

adjacent to regionally

significant

infrastructure,



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


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.




Ltd (N)




Communities (S)


Council (S)



(O)

Powerco Ltd (N)


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


facilities shall avoid causing

adverse effects on sites in

Schedules A to F, H and J.



Airport Ltd (O)

Wellington Fish and

Game Council (S)




GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



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.


(O)





Ltd (N)


Airport Ltd (S)

CentrePort (S)

Rangitāne (O)


(S)

Powerco Ltd (N)



Council (S)




Communities (S)

A025/004 New policy Transpower New Policy 13A

New Policy 13A: Managing


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:


(S)




GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



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.


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.


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.


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


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


represents appropriate use

and development in all

environments where there

are functional needs or

operational requirements.


CentrePort (S)



(S)



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


for.


Airport Ltd (S)

CentrePort (S)

Rangitāne (O)





GWRC

Appeal

point

Ref.



sought




(N)



significant

infrastructure

Wellington

International

Airport

Amend Objective O12 as

follows:




significant infrastructure,

renewable energy

generation activities and

the utilisation of mineral

resources are


for.

CentrePort (S)



(S)



(S)





significant

infrastructure

Royal Forest

and Bird Soc.

Reinstate notified objective:


cultural, and environmental



and renewable energy

generation activities are

recognised.


(O)

Winstone Aggregates (O)


Airport Ltd (O)

CentrePort (O)

Rangitāne (S)


(O)

Wellington Fish and Game

Council (S)


Communities (O)



significant

infrastructure

Transpower NZ

Ltd

Amend Objective 12:





renewable energy



resources are


for.

Winstone Aggregates (S)


Airport Ltd (S)

CentrePort (S)


(S)






NZ Transport

Agency

Amend Objective O12:




(S)


GWRC

Appeal

point

Ref.



sought




(N)

significant

infrastructure



renewable energy



resources are


for within the region (and

beyond).


Airport Ltd (S)

CentrePort (S)

Rangitāne (O)


(S)



(S)




Communities (S)



significant

infrastructure

Wellington

Water Ltd

Objective O12 is amended

to provide for the benefits

of regionally significant

infrastructure.




Communities (S)


(S)


Powerco Ltd (N)



Wellington

International

Airport

Amend Policy P12 as

follows:

Policy P12: Benefits of


infrastructure and


generation facilities






for by having regard to: …

CentrePort (S)



(S)



(S)



A025/003 Policy P12: Benefits of regionally significant

Transpower NZ

Ltd

Amend Policy 12: Wellington Water Ltd (S)


GWRC

Appeal

point

Ref.



sought




(N)

infrastructure and renewable energy generation






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,





generation activities.


Airport Ltd (S)

CentrePort (S)


Energy Limited, BP Oil NZ

Ltd and Mobil Oil NZ Ltd

(N)



(S)

Powerco Ltd (N)





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


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.


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.


24. Whether RSI and REG are adequately “provided for” by the plan and if not, options for addressing

this concern.



25. Not applicable.


Issue 3: Inclusion of ‘coastal marine area’ and ‘beds of rivers and lakes’ in Objective O13 and

Policy P12

GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)


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



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.


Airport Ltd (S)

CentrePort (S)



(S)





Existing regionally

significant

infrastructure and

renewable energy

generation

NZ Transport

Agency


Significant mineral resources







beds of rivers and lakes are

protected from incompatible

use and development

occurring under, over, or

adjacent to the infrastructure

or activity.


(S)



Airport Ltd (S)

Rangitāne (O)


(S)





Communities (S)


Existing regionally

significant

infrastructure and

renewable energy

generation

Porirua City

Council


“Significant mineral resources






the coastal marine area,

wetlands and beds of rivers

and lakes are protected from



Airport Ltd (N)

South Wairarapa District

Council (S)


(O)

Rangitāne


GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)

incompatible use and

development occurring under,

over, or adjacent to the

infrastructure or activity.”

Wellington Fish and

Game Council





Council (S)


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.




Communities (S)


Council (S)


Powerco Ltd (O)



Porirua City

Council

Amend clause (d) of Policy

P12:








activities, including

infrastructure and activities

located in the coastal marine

area and the beds of lakes

and rivers.


Airport Ltd (N)



(O)

Rangitāne (O)

Wellington Fish and

Game Council (O)


Communities (S)




Council (S)


26. There are no other appeal points directly connected to this appeal point.


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.


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”.


33. Does reference to ‘beds of rivers and lakes’ and the ‘coastal marine area’ need to be included in

Objective O13 and Policy P12.


34. Not applicable.


Issue 4: Protection from reverse sensitivity effects and incompatible activities (Policy P14)

GWRC

Appeal

point Ref.


relief sought

Section 274 parties



Neutral (N)


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



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.’


(O)

Winstone Aggregates (S)




(O)


Airport Ltd (O)

Rangitāne (O)

Federated Farmers of

New Zealand (S)

Powerco Ltd (O)


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.




Airport Ltd (O)

CentrePort (O)



(O)

Powerco Ltd (O)

Wellington Fish and

Game Council (S)




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


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.




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.


42. Whether Policy P14 provides the appropriate guidance for managing reverse sensitivity issues and

Rangitāne's concerns with the Policy.


43. Not applicable.


Issue 5: Inclusion of a policy to provide for ‘functional need or operational requirements’

GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)

A014/003 New Objective

O12A: RSI

functional need

Masterton

District Council

Add new Objective 12A as

follows:

Recognise that some


infrastructure has a functional

need and/or operational

requirement to be located

and/or operated in a particular

environment.


(S)


(S)


Airport Ltd (N)

Wairarapa Water User’s

Incorporated Society (S)


Rangitāne (O)



Council (S)



A021/003 New Objective

O12A: RSI

functional need

South

Wairarapa

District Council

Add new Objective 12A as

follows:

Recognise that some


infrastructure has a functional

need and/or operational

requirement to be located

and/or operated in a particular

environment.



(S)


Rangitāne (O)


(S)



Council (S)




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


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.




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.


49. Whether there is adequate recognition of functional need and operational requirements for RSI in

the Plan.


50. Not applicable.


Issue 6: Inclusion of objective and policy protecting and providing for ‘mineral resources’

GWRC

Appeal point

Ref.


relief sought




(N)


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.




Airport Ltd (O)

South Wairarapa District

Council (S)




(N)



(O)

Powerco Ltd (N)


(O)

Wellington Fish and

Game Council (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.


Airport Ltd (O)

Rangitāne (S)

Wellington Fish and

Game Council (S)


Communities (O)



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


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.




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.


57. Whether O13 and P12A are consistent with Policy 60 of the RPS and the NZCPS.


58. Not applicable.


Issue 7: Provision for ‘roads’ in Objective O12 and Policy P12

GWRC

Appeal

point Ref.


relief sought

Section 274 parties



Neutral (N)


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


infrastructure, and renewable

energy generation activities,


resources, and roads are

recognised and provided for.



Airport Ltd (N)

Rangitāne (O)



Council (S)




Masterton

District Council

Amend Policy 12 as follows:




electricity generation

facilities, and roads.

The benefits of

roads, regionally significant



are recognised by having

regard to:

… …(d) the functional need

and operational requirements




significant

infrastructure, renewable



the beds of lakes and

rivers, and roads.


Airport Ltd (N)


Rangitāne (O)



Council (S)




South

Wairarapa

District Council

Amend Policy 12 as follows:




electricity generation

facilities, and roads.

The benefits of


Rangitāne (O)



Council (S)


GWRC

Appeal

point Ref.


relief sought

Section 274 parties



Neutral (N)

roads, regionally significant



are recognised by having

regard to:

… …(d) the functional need

and operational requirements






generation activities in the

coastal marine area and the

beds of lakes and rivers, and

roads.




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.


62. Whether the Plan adequately provides for roads.



63. Not applicable.


Issue 8: New rule for activities related to the National Grid

GWRC

Appeal point

Ref.


relief sought




(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




GWRC

Appeal point

Ref.


relief sought




(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


GWRC

Appeal point

Ref.


relief sought




(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.


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.




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.


69. To discuss in sub-topic 11.



70. Not applicable.


Issue 9: Additional criteria for Policy P12

GWRC

Appeal

point

Ref.


relief sought

Section 274 parties



Neutral (N)


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)




Communities (S)


Council (S)



(O)

Powerco Ltd (N)



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








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


(O)




Ltd (S)


Airport Ltd (N)

CentrePort (S)

Rangitāne (S)


Powerco Ltd (O)



Communities (S)






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.




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.


78. The merits of broadening the considerations under Policy P12.


79. None at the time of writing.


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.


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.

Documents

MEDIATION 6 - GWRC SUMMARY STATEMENT · 2020-03-09 · A019/051 Policy P13: Existing regionally significant infrastructure and Rangitāne Amend to state where the benefit is accrued