COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020

Reprint as at 9 October 2020

Coat of Arms of New Zealand

COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020

(LI 2020/255)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 21st day of September 2020.

Present:
The Right Hon Jacinda Ardern presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry for the Environment.

This order is made under section 27 of the COVID-19 Recovery (Fast-track Consenting) Act 2020 on the advice and with the consent of the Executive Council and on the recommendation of the Minister for the Environment.

Order

1 Title

This order is the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020.

2 Commencement

This order comes into force on 22 September 2020.

3 Interpretation

(1)

In this order, unless the context otherwise requires, Act means the COVID-19 Recovery (Fast-track Consenting) Act 2020.

(2)

A term or an expression that is defined in the Act and used, but not defined, in this order has the same meaning as in the Act.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

5 Projects referred to expert consenting panel

Each project named and described in a schedule of this order (other than Schedule 1) is referred to the expert consenting panel according to the provisions of that schedule.

Schedule 1 Transitional, savings, and related provisions

cl 4

Part 1 Provisions relating to this order as made

There are no transitional, savings, or related provisions relating to this order as made.

Schedule 2 Clutha Upper Waitaki Lines Project (CUWLP)—Works and Workers’ Village

cl 5

Project referred to expert consenting panel

1 Name of project

The name of the project is the Clutha Upper Waitaki Lines Project (CUWLP)—Works and Workers’ Village (the project).

2 Authorised person

The authorised person for the project is Transpower New Zealand Limited.

3 Description of project

The scope of the project is—

(a)

to upgrade existing 220 kV electricity transmission lines and substations to increase the electricity transmission capacity between the Otago-Southland region and the Waitaki Valley; and

(b)

to undertake ancillary works required for the purpose of paragraph (a); and

(c)

to construct and use land for a temporary workers’ village.

4 Description of activities involved in project

(1)

The project may involve the following works:

(a)

works to strengthen or upgrade parts of the transmission loop (as defined in clause 5(1)), including works—

(i)

to duplex the lines between Roxburgh, Naseby, and Livingstone:

(ii)

to thermally upgrade the lines between Cromwell and Twizel:

(iii)

to duplex the lines between the Aviemore and Benmore substations:

(b)

for the purpose of the works described in paragraph (a), any of the following:

(i)

site development works, including earthworks, the trimming or removal of vegetation, and the placement of base course for wiring sites:

(ii)

works to strengthen and refurbish the foundations of towers, including earthworks, the trimming or removal of vegetation, abrasive blasting, and concrete placement and reinstatement:

(iii)

works to replace towers, including works to establish temporary towers and remove replaced towers:

(iv)

works to raise and strengthen existing towers:

(v)

works to provide for line separation requirements to be met, including mid-span earthworks and the trimming or removal of vegetation:

(vi)

works to relocate lines underground, upgrade transformers, and upgrade existing substations:

(vii)

works to establish a temporary workers’ village and its supporting infrastructure:

(viii)

works to remove the temporary workers’ village and remediate the site:

(c)

any other works that are—

(i)

associated with the works described in paragraphs (a) and (b); and

(ii)

within the scope of the project as described in clause 3 of this schedule.

(2)

In this clause,—

duplex, in relation to a line, means to add wires so that there are 2 in each phase of the line rather than 1

line means an electricity transmission or distribution line

thermally upgrade, in relation to a line, means to upgrade the capacity of the line’s wires to carry more electricity by operating at a higher temperature.

5 Approximate geographical location

(1)

The project’s works will occur along, and at places necessary for access to, the corridor of the existing transmission and distribution lines in the loop (the transmission loop) that—

(a)

goes north from Roxburgh through Naseby, Livingstone, the Waitaki Valley (including through the Aviemore, Benmore, Ōhau B, and Ōhau C hydro stations), and Twizel; and

(b)

goes south from Twizel through Cromwell and Clyde and back to Roxburgh.

(2)

The temporary workers’ village will be located near Ranfurly.

6 No further provision required

No further provision is necessary to give effect to decisions made by the Minister under section 24 of the Act in respect of the project.

Statement of reasons

This statement of reasons is published for the purposes of clause 4 of Schedule 3 of the Act

Having considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and having sought and considered written comments from the relevant Ministers, local authorities, and iwi authorities, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project offers employment and economic benefits for the Otago, Canterbury, and Southland regions; and

  • the project will progress faster than would otherwise be the case under the Resource Management Act 1991 standard processes; and

  • the project will result in a public benefit, particularly in relation to facilitating further renewable energy development, emissions reductions by increasing New Zealand’s total share of renewable energy, and increasing the resilience of the national electricity grid in the project area.

Schedule 3 Northbrook Wanaka Retirement Village

cl 5

Schedule 3: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

Project referred to expert consenting panel

Heading: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

1 Name of project

The name of the project is the Northbrook Wanaka Retirement Village (the project).

Schedule 3 clause 1: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

2 Authorised person

The authorised person for the project is Winton Property Limited.

Schedule 3 clause 2: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

3 Description of project

The scope of the project is—

(a)

to construct and operate a retirement village and associated facilities; and

(b)

to undertake ancillary works required for the purpose of paragraph (a); and

(c)

to subdivide land required for the purpose of paragraph (a).

Schedule 3 clause 3: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

4 Description of activities involved in project

The project may involve the following works:

(a)

bulk earthworks and associated discharges; and

(b)

works to construct the retirement village and associated facilities, including eating establishments, a gym, a pool, a community centre, a daily-needs retail area, and administrative facilities; and

(c)

landscaping, including planting; and

(d)

works to construct roads, parking facilities, and other infrastructure to service the retirement village and associated facilities; and

(e)

works to construct walking and cycling trails inside the retirement village and to connect them with existing trails outside the retirement village; and

(f)

works to construct water and wastewater infrastructure to connect with existing reticulated services; and

(g)

works to construct stormwater infrastructure and to enable the on-site management and discharge of stormwater; and

(h)

earthworks and dewatering for the purpose of the works described in paragraph (f) or (g); and

(i)

any other works that are—

(i)

associated with the works described in paragraphs (a) to (h); and

(ii)

within the scope of the project as described in clause 3 of this schedule.

Schedule 3 clause 4: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

5 Approximate geographical location

The project’s works will occur at Lot 2008 DP 545513 and Lot 66 DP 371470 on Outlet Road, Wanaka, Otago, which is approximately 5 km from Wanaka township.

Schedule 3 clause 5: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

6 Persons who must be invited to comment on project

An expert consenting panel must invite comments on any consent application relating to the project from the following persons in addition to the persons listed in clause 17(6) of Schedule 6 of the Act:

(a)

persons who made submissions on Plan Change 53 to the Queenstown Lakes District Plan; and

(b)

any persons who, after submissions on Plan Change 53 closed, purchased properties within the area affected by Plan Change 53; and

(c)

Mr Michael Beresford, the appellant in the proceedings filed in the Environment Court as ENV-2018-CHC-69 (which relate to the Hawea/Wanaka substitute land provided for in the Ngāi Tahu Claims Settlement Act 1998).

Schedule 3 clause 6: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

7 No further provision required

No further provision is necessary to give effect to decisions made by the Minister under section 24 of the Act in respect of the project.

Schedule 3 clause 7: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

Statement of reasons

Heading: inserted, on 9 October 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276).

This statement of reasons is published for the purposes of clause 4 of Schedule 3 of the Act

Having considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and having sought and considered written comments from the relevant Ministers, local authorities, and iwi authorities, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will provide specialist and local employment opportunities in Otago, a region particularly impacted by the downturn in tourism caused by COVID-19; and

  • the project will provide additional housing supply and aged-care facilities; and

  • the project will progress faster than would otherwise be the case under the Resource Management Act 1991 standard processes.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 September 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order 2020 (LI 2020/276)