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

Reprint as at 18 December 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.

Schedule 4 Kohimarama Comprehensive Care Retirement Village

cl 5

Schedule 4: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

Project referred to expert consenting panel

Heading: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

1 Name of project

The name of the project is the Kohimarama Comprehensive Care Retirement Village (the project).

Schedule 4 clause 1: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

2 Authorised person

The authorised person for the project is Ryman Healthcare Limited.

Schedule 4 clause 2: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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).

Schedule 4 clause 3: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

4 Description of activities involved in project

The project may involve the following works:

(a)

earthworks (including bulk earthworks) and discharges associated with earthworks:

(b)

works to construct the retirement village and associated facilities:

(c)

landscaping, including plantings:

(d)

works to provide roading, parking, lighting, and other infrastructure to service the development:

(e)

works to remove existing vegetation:

(f)

works to divert a watercourse on the site:

(g)

works to take and use groundwater:

(h)

works to construct stormwater infrastructure and to divert and discharge stormwater run-off:

(i)

works to construct a bore for the abstraction of groundwater:

(j)

any other works that are—

(i)

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

(ii)

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

Schedule 4 clause 4: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

5 Approximate geographical location

The project’s works will occur at Lot 1 DP 332284 and Lot 51 DP 163242 (held on Records of Title 312220 (leasehold) and NA98B/894), which is the legal description of 223 Kohimarama Road, Auckland and 7 John Rymer Place, Auckland.

Schedule 4 clause 5: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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 owners or occupiers of the properties at the following addresses in addition to the persons listed in clause 17(6) of Schedule 6 of the Act:

Street nameStreet numbers
Harvey Place, Kohimarama, Auckland1/1, 2/1, 3/1, 4/1, 1/3, 2/3, 3/3, 4/3, 5, 7, 7A
John Rymer Place, Kohimarama, Auckland2B, 3, 3A, 4, 5, 6, 8, 9, 10, 11, 13A, 13B, 15, 16, 17, 17A, 18A, 18B, 19, 19A, 20, 21, 22A, 22B, 23, 24A, 24B, 24C, 25, 26, 26A, 27, 27A, 1/28, 2/28, 29, 31, 32A, 32B, 33, 34A, 34B, 35, 35A, 36A, 36B, 1/37, 2/37, 38A, 38B, 39, 40, 41, 42, 43, 45, 45A, 46, 47, 48, 49, 50, 52, 54, 56, 58
Kohimarama Road, Kohimarama, Auckland247, 247A, 249, 249A, 251, 255, 257
Whytehead Crescent, Kohimarama, Auckland5, 7, 9, 11, 15, 17, 19, 19A, 19B, 21, 1/23, 2/23, 25, 27

Schedule 4 clause 6: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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 4 clause 7: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

Statement of reasons

Heading: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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, the local authority, and Ngāti Whātua o Ōrākei Trust Board (a landowner and also a relevant iwi authority), the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the Act’s purpose; and

  • the project offers specialist and local employment opportunities (up to 400 jobs over a duration of 36 to 48 months for the construction period, followed by approximately 170 operational jobs once constructed); and

  • the project will result in a public benefit by providing additional housing supply for aged persons and aged care facilities; and

  • any adverse effects arising from the application and mitigation measures could be tested through an expert consenting panel having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.

Schedule 5 Molesworth Street Office Development

cl 5

Schedule 5: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

Project referred to expert consenting panel

Heading: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

1 Name of project

The name of the project is the Molesworth Street Office Development (the project).

Schedule 5 clause 1: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

2 Authorised person

The authorised person for the project is Primeproperty Group Limited.

Schedule 5 clause 2: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

3 Description of project

The scope of the project is to construct a 12-storey office building that includes—

(a)

retail or cafe space; and

(b)

a lobby; and

(c)

loading bays; and

(d)

a basement carpark.

Schedule 5 clause 3: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

4 Description of activities involved in project

The project may involve the following works:

(a)

works to construct a 12-storey office building that includes retail or cafe space, a lobby, loading bays, and a basement carpark:

(b)

earthworks for the foundations and basement carpark:

(c)

discharges associated with those earthworks:

(d)

dewatering, if works are required below the level of the groundwater:

(e)

works that give rise to construction noise:

(f)

works that give rise to vehicle movements:

(g)

works to provide for lighting:

(h)

any other works that are—

(i)

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

(ii)

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

Schedule 5 clause 4: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

5 Approximate geographical location

The project’s works will occur at 55 to 61 Molesworth Street, Wellington, Lot 1 DP 23575 and Lot 5 DP 1265.

Schedule 5 clause 5: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

6 Further information required

The following information must be submitted to the panel with any consent application (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

a heritage report prepared by a heritage expert that considers—

(i)

the location of the site and proposed building; and

(ii)

the heritage context of the site and proposed building, if they adjoin a listed heritage building; and

(b)

a summary of any consultation undertaken with iwi or Heritage New Zealand Pouhere Taonga; and

(c)

a preliminary site investigation or detailed on-site investigation report for a contaminated site in accordance with the requirements of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the NES), showing how compliance with the NES will be achieved; and

(d)

a design statement, including a statement as to how the proposal achieves design excellence given that the building height exceeds the permitted height, but is within the 15% design excellence allowance; and

(e)

a written approval from Wellington Water Limited, if the proposal involves a discharge of dewatered water or stormwater to the stormwater network during works; and

(f)

an earthworks management plan; and

(g)

any additional information that the Wellington City Council and the Wellington Regional Council would require had the application been submitted in accordance with the standard process under the Resource Management Act 1991.

Schedule 5 clause 6: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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 5 clause 7: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

Statement of reasons

Heading: inserted, on 13 November 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2020 (LI 2020/282).

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 help to achieve the purpose of the Act; and

  • the project will offer employment opportunities (up to 14 full-time jobs in the first 18 months and another 200 full-time jobs in the following 30 months). These jobs will be in the construction sector, which has been impacted by COVID-19; and

  • the project will develop an under-utilised site for office space, contributing to a well-functioning urban environment; and

  • the project seeks to promote a vibrant and well-functioning urban environment that is well connected by public transport; and

  • any adverse effects arising from the application (and proposed mitigation measures) can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991.

Schedule 6 The Vines Affordable Subdivision

cl 5

Schedule 6: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Project referred to expert consenting panel

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

1 Name of project

The name of the project is The Vines Affordable Subdivision (the project).

Schedule 6 clause 1: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

2 Authorised persons

The authorised persons for the project are Jason and Angela Mudgway.

Schedule 6 clause 2: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

3 Description of project

(1)

The scope of the project is—

(a)

to subdivide land and develop up to 48 residential sections for future housing development; and

(b)

to provide the associated infrastructure for the subdivision and development of the sections, including roading, walkways, three waters services, and reserves.

(2)

In this clause, three waters services has the meaning given in section 9 of the Urban Development Act 2020.

Schedule 6 clause 3: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

4 Description of activities involved in project

The project may involve the following works:

(a)

earthworks (including bulk earthworks) and discharges associated with the earthworks:

(b)

landscaping, including plantings:

(c)

works to remove existing vegetation:

(d)

the construction of roading, walkways, and other transportation infrastructure required for the development:

(e)

the construction of water and wastewater infrastructure:

(f)

any other works that are—

(i)

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

(ii)

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

Schedule 6 clause 4: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

5 Approximate geographical location

The project’s works will occur at 115 Main Road Hope (otherwise known as State Highway 6) south of Richmond, legal description Part Sec 15 Waimea East District.

Schedule 6 clause 5: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

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.

Schedule 6 clause 6: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Statement of reasons

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

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 and the relevant local authority, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the Act’s purpose; and

  • the project offers employment opportunities, providing the equivalent of 28 jobs during the 1-year development period; and

  • the project seeks to develop sections for future housing in an area that has a significant housing demand; and

  • any adverse effects arising from the activities that are to occur under the project or from any mitigation measures can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.

Schedule 7 Dominion Road Mixed-use Development

cl 5

Schedule 7: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Project referred to expert consenting panel

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

1 Name of project

The name of the project is Dominion Road Mixed-use Development (the project).

Schedule 7 clause 1: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

2 Authorised persons

The authorised persons for the project are Pudong Housing Development Company Limited, Foodstuffs North Island Limited, and Silk Road Management Limited.

Schedule 7 clause 2: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

3 Description of project

The scope of the project is—

(a)

to demolish existing buildings; and

(b)

to use land for, and construct, a 6-storey (maximum) development for, a supermarket, retail tenancies, offices and other commercial businesses, and residential units; and

(c)

to subdivide land associated with the uses specified in paragraph (b).

Schedule 7 clause 3: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

4 Description of activities involved in project

The project may involve the following works:

(a)

works to construct 1 or more 6-storey (maximum) buildings, including—

(i)

works to demolish existing buildings; and

(ii)

works to construct access and carparking facilities; and

(iii)

earthworks associated with construction works, including for the foundations of buildings, site levelling, and infrastructure works; and

(iv)

landscaping:

(b)

works to subdivide land:

(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.

Schedule 7 clause 4: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

5 Approximate geographical location

The project’s works will occur at—

(a)

360 Dominion Road, Mt Eden, Auckland, legal description Lot 2 DP 170042, being below Reduced Level (RL) 54.8; and

(b)

88 Prospect Terrace, Mt Eden, Auckland, legal description Lot 2 DP 170042, being between RL 54.8 and RL 55.6; and

(c)

113 Grange Road, Mt Eden, Auckland, legal description Lot 2 DP 170042, being above RL 55.6.

Schedule 7 clause 5: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

6 Further information to be submitted

The following information must be submitted to the panel with any consent application relating to the project (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

an integrated transport assessment, including modelling and analysis that covers—

(i)

vehicle generation and its effects on traffic and parking in Dominion Road and the local road network; and

(ii)

the effects of the project on public transport, including service reliability and infrastructure on Dominion Road; and

(iii)

the effects of the project on motorcycle safety; and

(iv)

the effects of the project on the strategic role and transport mode priorities of Dominion Road; and

(v)

mitigation measures to be taken in relation to these matters; and

(b)

an urban design or character assessment of the project, including diagrams, visualisations, and 3D simulations covering the following:

(i)

the effects of the proposed height exceedance and visual dominance, particularly on neighbouring residential amenity values and on views from Grange Road and south from Dominion Road; and

(ii)

the effects of the proposed demolition and the new built form on the character of land included in the Eden Valley Special Character Overlay; and

(iii)

the effects of the project on the volcanic cones viewshaft; and

(iv)

the effects of any overshadowing exceedance on the adjacent environment; and

(c)

flood assessment, including pre- and post-development effects on the upstream and downstream catchment and storage, as well as any mitigation measures.

Schedule 7 clause 6: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

7 Persons who must be invited to comment on project

(1)

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)

Watercare Services Limited; and

(b)

Auckland Transport; and

(c)

Dominion Road Business Association Incorporated.

(2)

In this clause, Auckland Transport means the entity established by section 38 of the Local Government (Auckland Council) Act 2009.

Schedule 7 clause 7: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

8 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 7 clause 8: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Statement of reasons

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

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 and the relevant local authority, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the Act’s purpose; and

  • the project offers employment opportunities, with up to 220 construction jobs during the construction phase and an additional 150 to 185 full-time equivalent permanent jobs in the supermarket and associated retail sectors. Both the construction and retail sectors have been adversely impacted by COVID-19; and

  • the project will contribute to a well-functioning environment by redeveloping a large site for mixed uses in an area of Auckland well serviced by public transport; and

  • any adverse effects arising from the application or from mitigation measures can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.

Schedule 8 Ohinewai Foam Factory

cl 5

Schedule 8: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Project referred to expert consenting panel

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

1 Name of project

The name of the project is the Ohinewai Foam Factory (the project).

Schedule 8 clause 1: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

2 Authorised person

The authorised person for the project is Ambury Properties Limited.

Schedule 8 clause 2: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

3 Description of project

The scope of the project is—

(a)

to construct and operate a foam factory and associated facilities, including—

(i)

a foam manufacturing plant and storage facility; and

(ii)

a carpet underlay plant; and

(iii)

a foam conversion plant; and

(iv)

temporary site sheds; and

(v)

facilities to manage air discharges; and

(vi)

facilities to manage hazardous waste; and

(vii)

facilities to manage stormwater and wastewater generated on site; and

(b)

to construct and operate a rail siding that will connect to the North Island Main Trunk Railway.

Schedule 8 clause 3: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

4 Description of activities involved in project

The project may involve the following works:

(a)

earthworks for the project (including bulk earthworks) and discharges associated with those earthworks:

(b)

works to construct the foam factory and associated facilities:

(c)

works to construct a rail siding:

(d)

landscaping works:

(e)

works to clear existing vegetation:

(f)

works to provide roading, parking areas, lighting, and other supporting infrastructure:

(g)

works to enable dewatering of the site:

(h)

the construction of stormwater infrastructure and a wetland:

(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 8 clause 4: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

5 Approximate geographical location

The project’s works will occur at—

(a)

88 Lumsden Road, legal description Allotment 405 Parish of Whangamarino (record of title SA42D/983); and

(b)

109 Tahuna Road, legal description Lot 2 DPS 29288 (record of title SA1250/17 and SA26D/299); and

(c)

52 Lumsden Road, legal description Lot 3 DP 474347 (record of title 650547).

Schedule 8 clause 5: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

6 Further information to be submitted

(1)

The following information, as it relates to the construction and operation of the factory, must be submitted to the panel with any consent application relating to the project (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

an assessment of the risks posed by the hazardous substances used on site and a description of the measures to be adopted to manage these risks; and

(b)

an integrated traffic assessment; and

(c)

a geotechnical assessment report; and

(d)

an ecological report; and

(e)

an archaeological report; and

(f)

an earthworks methodology report; and

(g)

a noise and vibration report; and

(h)

a draft construction traffic management plan; and

(i)

a landscape and visual assessment; and

(j)

an emergency plan; and

(k)

an air quality report; and

(l)

an assessment of any greenhouse gases emitted during the foam production process, and a description of measures to be adopted to reduce emissions; and

(m)

an assessment of the effects of the development on flood-water flows and the proposed mitigation measures; and

(n)

an assessment of the effects of the development on the Waikato River and its catchment and the proposed mitigation measures; and

(o)

an assessment to show why the proposed site is the best practicable option; and

(p)

an assessment of the project in light of the concerns raised by submitters in the Ohinewai zoning hearings, and the measures proposed to resolve these concerns.

(2)

In subclause (1)(l), emissions has the meaning given in section 4(1) of the Climate Change Response Act 2002.

Schedule 8 clause 6: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

7 Persons who must be invited to comment on project

In addition to the persons listed in clause 17(6) of Schedule 6 of the Act, an expert consenting panel must invite comments from the following persons identified by the Waikato District Council as having made submissions on the industrial-related aspects of the Ohinewai rezoning plan change request being considered as part of that council’s district plan review:

(a)

the trustees of Nga Muka Development Trust; and

(b)

the trustees of the Waahi Whaanui Trust; and

(c)

Te Riu o Waikato Limited; and

(d)

Ohinewai Area Committee; and

(e)

Shand Properties Limited; and

(f)

Mercury NZ Limited; and

(g)

Iain and Luressa Macdonald; and

(h)

Konini Farms Limited; and

(i)

The Ralph Estates Incorporated; and

(j)

Suzanne Stow; and

(k)

David and Tiffany Whyte; and

(l)

Richard and Shanette Marsh; and

(m)

Bruce Holmes; and

(n)

Daniel and Rebekah Holmes; and

(o)

Auckland/Waikato Fish and Game Council; and

(p)

Future Proof Implementation Committee.

Schedule 8 clause 7: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

8 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 8 clause 8: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Statement of reasons

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

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, Waka Kotahi NZ Transport Agency, KiwiRail Holdings Limited, and the relevant local authorities and iwi authorities, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the purpose of the Act; and

  • the project offers the prospect of short- and long-term employment for Huntly and North Waikato, including up to 2,100 construction jobs and 50 permanent factory jobs; and

  • the project will enable construction to begin earlier by bringing the consenting process forward by 3 to 15 months; and

  • the project has the potential for economic benefits to the area, including through diversifying the economy of the Waikato region, possibly encouraging further industrial development in the area, and creating the opportunity for the development and employment of a skilled workforce; and

  • any adverse effects arising from the project or from mitigation measures can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.

Schedule 9 Eastern Porirua Regeneration Project—Infrastructure Works

cl 5

Schedule 9: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

Project referred to expert consenting panel

Heading: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

1 Name of project

The name of the project is the Eastern Porirua Regeneration Project—Infrastructure Works (the project).

Schedule 9 clause 1: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

2 Authorised persons

The authorised persons for the project are—

(a)

Kāinga Ora–Homes and Communities; and

(b)

Porirua City Council.

Schedule 9 clause 2: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

3 Description of project

The scope of the project is—

(a)

to replace an existing wastewater main that extends from Bothamley Park, Porirua to State Highway 1; and

(b)

to construct and operate a water reservoir near the existing reservoir on Stemhead Lane, Porirua; and

(c)

to construct and operate a wetland for flood risk and stormwater management in Cannons Creek Park, Porirua.

Schedule 9 clause 3: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

4 Description of activities involved in project

(1)

The project involves the following:

(a)

earthworks (including bulk earthworks):

(b)

discharges associated with earthworks:

(c)

works to trim or remove vegetation:

(d)

landscaping, including planting:

(e)

dewatering and discharge of the water onto land or into freshwater:

(f)

works to construct stormwater infrastructure:

(g)

works to discharge stormwater and wastewater onto land or into freshwater:

(h)

works to construct pipes, culverts, and associated reticulation infrastructure:

(i)

works to construct or disestablish crossings of the Kenepuru Stream:

(j)

works to construct a water storage reservoir and associated reticulation infrastructure:

(k)

any other works that are—

(i)

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

(ii)

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

(2)

In this clause, freshwater has the meaning given in section 2(1) of the Resource Management Act 1991.

Schedule 9 clause 4: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

5 Approximate geographical location

The project’s works will occur at the following locations:

Narrative description of locationLegal description of location
Works to replace the existing wastewater main that extends from Bothamley Park, Porirua to State Highway 1 will occur alongside that existing wastewater main

Lot 276 DP 512438

Lot 277 DP 512438

Lot 273 DP 498135

Lot 1 DP 74452

Lot 1 DP 53734

Lot 113 DP 20024

Lot 1 DP 53735

Sec 1 SO 485063

Sec 2 SO 485063

Lot 2 DP 53736

Lot 1 DP 35097

Lot 232 DP 31478

Works to construct and operate a water reservoir near the existing reservoir on Stemhead Lane, Porirua will occur near that existing reservoir

Sec 20 SO 473623

Lot 4 DP 48340

Lot 7 DP 47873

Works to construct and operate a wetland in Cannons Creek Park, Porirua will occur in Cannons Creek Park

Lot 1 DP 26267

Schedule 9 clause 5: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

6 Further information to be submitted

The following information must be submitted to the panel with any consent application relating to the project (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

an ecological assessment, which must cover—

(i)

the short- and long-term effects of the project on the Porirua Stream, the Kenepuru Stream, and the significant natural areas within Bothamley Park and Cannons Creek Park; and

(ii)

the downstream effects of the project on the Porirua Harbour:

(b)

a contaminated sites assessment:

(c)

a traffic impact assessment, which must include a traffic management plan:

(d)

a cultural impact assessment by an author approved by the mana whenua of the Kenepuru Stream:

(e)

an assessment of whether the proposed infrastructure will meet current demand and future demand arising from urban growth:

(f)

an assessment of the project’s likely effects on the hydrology of the Kenepuru Stream and the Porirua Stream, including flooding, erosion, and scour:

(g)

an assessment of the project’s positive effects on the environment, supported by appropriate technical information, including any net benefits to water quality from the proposed wetland in Cannons Creek Park:

(h)

an assessment of any adverse effects from dewatering:

(i)

a landscape and visual assessment of the proposed reservoir:

(j)

a construction management plan for the proposed works:

(k)

an erosion and sediment control plan, which must—

(i)

outline the measures that will be taken to avoid or mitigate adverse effects on significant natural areas and any natural wetlands, including the discharge of sediment to Kenepuru Steam, Porirua Stream, and Porirua Harbour; and

(ii)

be prepared in consultation with Ngāti Toa:

(l)

a master plan of Bothamley Park and Cannons Creek Park, which must—

(i)

show how the wastewater trunk main upgrade and the proposed wetland integrate with the wider improvements being considered for the parks; and

(ii)

have regard to cycleways, recreation areas and facilities, crime prevention through environmental design, safety upgrades, and public access.

Schedule 9 clause 6: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

7 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)

Aotea Residents Association Incorporated:

(b)

Creeksiders (Cannons Creek) Residents Association:

(c)

Porirua Harbour and Catchment Community Trust:

(d)

Ranui Resident’s Association Incorporated:

(e)

Te Runanga o Toa Rangatira Incorporated.

Schedule 9 clause 7: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

8 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 9 clause 8: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

Statement of reasons

Heading: inserted, on 18 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 4) 2020 (LI 2020/298).

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, Te Runanga o Toa Rangatira Incorporated, Wellington Water Limited, and the New Zealand Transport Agency, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the Act’s purpose; and

  • the project will provide 55 to 110 jobs in the first 2 years of construction and up to 260 jobs in the third and fourth years of construction; and

  • the project will increase the capacity of three waters services in eastern Porirua, enabling future urban growth in Porirua and addressing existing capacity and performance issues for infrastructure; and

  • the project is likely to improve environmental outcomes for freshwater quality in the long term as it will reduce wastewater overflows and may improve stormwater quality; and

  • any adverse effects arising from the application (and proposed mitigation measures) can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.

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/.