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

2020/276

Coat of Arms of New Zealand

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

Patsy Reddy, Governor-General

Order in Council

At Wellington this 5th day of October 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

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 Amendment Order 2020.

2 Commencement

This order comes into force on 9 October 2020.

3 Principal order
4 New Schedule 3 inserted

After Schedule 2, insert the Schedule 3 set out in the Schedule of this order.

Schedule New Schedule 3 inserted

cl 4

Schedule 3 Northbrook Wanaka Retirement Village

cl 5

Project referred to expert consenting panel

1 Name of project

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

2 Authorised person

The authorised person for the project is Winton Property Limited.

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).

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.

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.

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).

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.

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 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.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 9 October 2020, amends the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020. The effect of the amendment is to refer a project to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act). The referred project is the project named and described in new Schedule 3.

The effect of the referral is to authorise Winton Property Limited to apply under the Act, instead of under the Resource Management Act 1991, for resource consents relating to the project.

The expert consenting panel will be appointed under Schedule 5 of the Act and make decisions in accordance with Schedule 6 of the Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 8 October 2020.

This order is administered by the Ministry for the Environment.