COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2022

2022/186

Coat of Arms of New Zealand

COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 10) 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 13th day of June 2022

Present:
Her Excellency the Governor-General 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 10) 2022.

2 Commencement

This order comes into force on 17 June 2022.

4 New Schedule 54 inserted

After Schedule 53, insert the Schedule 54 set out in the Schedule of this order.

Schedule New Schedule 54 inserted

cl 4

Schedule 54 Faringdon Oval

cl 5

Project referred to expert consenting panel

1 Name of project

The name of the project is Faringdon Oval (the project).

2 Authorised person

The authorised person for the project is Hughes Developments Limited.

3 Description of project

The scope of the project is to subdivide land at Rolleston and do the following on that land:

(a)

on approximately 1,044 of the allotments created by the subdivision, construct approximately 1,044 residential units (744 of which may be constructed by a person or persons other than the authorised person):

(b)

construct commercial buildings (which may be constructed by a person or persons other than the authorised person):

(c)

develop land for the purpose of open space that comprises private open space and public reserves, including by restoring a natural wetland:

(d)

construct or install infrastructure or structures associated with the subdivision and the development referred to in paragraphs (a) to (c).

4 Description of activities involved in project

The project may involve the following activities:

(a)

subdividing land:

(b)

carrying out earthworks (including earthworks that disturb potentially contaminated soils and earthworks within 10 metres of a natural wetland):

(c)

removing vegetation within 10 metres of a natural wetland:

(d)

discharging stormwater (which may contain contaminants) onto land within 100 metres of a natural wetland:

(e)

taking and diverting groundwater and discharging it onto land:

(f)

constructing residential units:

(g)

constructing commercial buildings:

(h)

developing land for the purposes of private open space and public reserves, including by—

(i)

landscaping and planting; and

(ii)

restoring a natural wetland and planting in the wetland:

(i)

constructing or installing infrastructure or structures associated with the subdivision and the development referred to in paragraphs (f) to (h), including—

(i)

roads intended to be vested in Selwyn District Council; and

(ii)

pedestrian and cycle accessways; and

(iii)

private accessways for vehicles; and

(iv)

driveways and parking areas; and

(v)

infrastructure for three waters services:

(j)

carrying out any other activities that are—

(i)

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

(ii)

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

5 Approximate geographical location

(1)

The project will occur on an area of approximately 69.3 hectares of land that is partially bounded by Dunns Crossing Road, Goulds Road, and Rangatira Street, Rolleston.

(2)

The legal description of the land is as follows:

(a)

Lots 1 and Lot 3 Deposited Plan 70352:

(b)

Lots 1 and 2 Deposited Plan 61278:

(c)

Lots 1 and 3 Deposited Plan 57004.

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)

a transport infrastructure assessment that—

(i)

identifies the existing capacity of the local road network to service traffic associated with both the project while it is carried out and the resulting development; and

(ii)

identifies any upgrades to the local road network that are required to service that traffic; and

(iii)

identifies any funding required to carry out those upgrades (including who will provide that funding); and

(iv)

contains information on any discussions held, and any agreements made, between the authorised person and Selwyn District Council or Canterbury Regional Council (or both of those councils):

(b)

information on how the project will support people to use public transport and active modes of transport (such as walking and cycling):

(c)

an assessment of the relevant infrastructure for three waters services that—

(i)

identifies the existing condition and capacity of that infrastructure; and

(ii)

identifies any upgrades to that infrastructure that are required in connection with the subdivision and development; and

(iii)

identifies any funding required to carry out those upgrades (including who will provide that funding); and

(iv)

contains information on any discussions held, and any agreements made, between the authorised person and Selwyn District Council or Canterbury Regional Council (or both of those councils):

(d)

a landscape and urban design assessment that includes an assessment of how the proposal for open space aligns with Selwyn District Council’s Open Spaces Strategy (April 2015).

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 on any consent application relating to the project from the Associate Minister for the Environment who has been delegated responsibility for administration of the National Policy Statement on Urban Development 2020 and urban policy matters.

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.

Statement of reasons

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

The Minister for the Environment (the Minister) has accepted this application for referral. The Minister considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and sought and considered written comments from the following:

  • the relevant Ministers listed in section 21(6) of the Act:

  • the Associate Minister for the Environment who has been delegated responsibility for administration of the National Policy Statement on Urban Development 2020 and urban policy matters:

  • Canterbury Regional Council:

  • Selwyn District Council.

The Minister has accepted this application for the following reasons:

  • the project will help to achieve the purpose of the Act:

  • the project will generate approximately 2,680 direct full-time equivalent jobs (FTE jobs) and 1,360 indirect FTE jobs over an 8-year period:

  • the project will increase housing supply through the construction of approximately 300 residential units and enable the future construction of approximately 744 residential units:

  • the project is likely to progress faster than would otherwise be the case under the Resource Management Act 1991 standard processes:

  • any actual and potential effects on the environment, and proposed measures to avoid, remedy, mitigate, offset, or compensate for any adverse effects, can be appropriately tested by an expert consenting panel against 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 17 June 2022, 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 54.

The effect of the referral is to authorise Hughes Developments Limited to apply under the Act, instead of under the Resource Management Act 1991, for resource consents relating to the project described in new Schedule 54.

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 2019.

Date of notification in Gazette: 16 June 2022.

This order is administered by the Ministry for the Environment.