COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2021

2021/36

Coat of Arms of New Zealand

COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 2) 2021

Patsy Reddy, Governor-General

Order in Council

At Wellington this 1st day of March 2021

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 (No 2) 2021.

2 Commencement

This order comes into force on 5 March 2021.

3 Principal order
4 New Schedule 13 inserted

After Schedule 12, insert the Schedule 13 set out in the Schedule of this order.

Schedule New Schedule 13 inserted

cl 4

Schedule 13 Wooing Tree Estate

cl 5

Project referred to expert consenting panel

1 Name of project

The name of the project is the Wooing Tree Estate (the project).

2 Authorised person

The authorised person for the project is Wooing Tree Property Development LP.

3 Description of project

(1)

The scope of the project is—

(a)

to subdivide land and construct a staged subdivision of up to 284 lots, including up to 276 residential lots; and

(b)

to construct approximately 46 residential units; and

(c)

to construct the associated infrastructure for the subdivision, including roading, parking, pedestrian and cycling connections, three waters services, and the development of open space; and

(d)

to construct and operate a hospitality and neighbourhood centre, a cellar door facility for Wooing Tree Vineyard, and accommodation for travellers, and to provide the associated infrastructure.

(2)

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

4 Description of activities involved in project

(1)

The project involves works such as the following:

(a)

the subdivision of land and construction of buildings:

(b)

earthworks (including bulk earthworks):

(c)

discharges associated with earthworks and construction activities:

(d)

landscaping, including planting:

(e)

works to clear existing vegetation:

(f)

works to construct pedestrian and vehicular access, roading, parking, and other transport infrastructure required for the development:

(g)

works to construct three waters services and upgrade existing three waters services:

(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.

(2)

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

5 Approximate geographical location

The project’s works will occur at Wooing Tree Estate, 64 Shortcut Road, corner of State Highway 6 and State Highway 8B, Cromwell, Otago (legal description Section 3 Survey Office Plan 461514, held on Record of Title 684261).

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 New Zealand Transport Agency in addition to the persons listed in clause 17(6) of Schedule 6 of the Act.

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, relevant local authorities, 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 purpose of the Act; and

  • the project offers the opportunity for up to 650 full-time equivalent jobs and for additional permanent jobs through commercial activities; and

  • the project will provide economic benefits to those in the Central Otago area and to the viticulture and construction industries, which have been affected by COVID-19; and

  • the project will increase housing supply in an area experiencing rapid population change and housing shortages; and

  • the project will contribute to a well-functioning urban environment, given its location close to the Cromwell town centre and within an area identified in the Cromwell Spatial Plan as being suitable for residential intensification; and

  • the project will enable construction to occur sooner than would otherwise be the case under the standard processes of the Resource Management Act 1991; and

  • any adverse effects arising from the activities that are to occur under the project and potential 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.

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 5 March 2021, 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 13.

The effect of the referral is to authorise Wooing Tree Property Development LP to apply under the Act, instead of under the Resource Management Act 1991, for resource consents relating to the project described in new Schedule 13.

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: 4 March 2021.

This order is administered by the Ministry for the Environment.