To the Hon Dr Nick Smith, Minister for the Environment
The Environmental Protection Authority recommends, under
section 146 of the Resource Management Act 1991 (RMA), that you make the
following directions on the matters lodged by the New Zealand Transport
Agency, Porirua City Council and Transpower New Zealand Ltd for Notices
of Requirement and Resource Consents relating to the Transmission Gully
Proposal for the reasons set out in this recommendation:
(a) agree
that the matters lodged by the New Zealand Transport Agency (NZTA) for
the Main Alignment and Kenepuru Link Road components of the Transmission
Gully Proposal are proposals of national significance;
(b) agree
that the matters lodged by Porirua City Council (PCC) for the Porirua
Link Road component of the Transmission Gully Proposal are part of a
proposal of national significance;
(c) agree that the matters lodged
by Transpower New Zealand Ltd (Transpower) for the transmission line
relocation component of the Transmission Gully Proposal are part of a
proposal of national significance; anddirect that all matters be referred to, and heard by, a board of inquiry.
[Signature]
Sarah Gardner
General Manager – Nationally Significant Proposals
Exercising the powers, functions and duties of
the Environmental Protection Authority
under delegated authority
Read the EPA Recommendation (pdf, 4.2mb)
Matters (Notices of Requirement and Resource Consents)
2. The EPA has reviewed the matters lodged by the NZTA, PCC
and Transpower (the Applicants) for Notices of Requirement and Resource
Consents relating to the Transmission Gully Proposal (TGP), lodged
pursuant to section 145 of the RMA on 15 August 2011.
3. The three applicants have lodged integrated documents related to the matters to designate and consent the TGP.
4. The Notices of Requirement and Resource Consent matters are
for the construction, operation and maintenance of the TGP, which is a
proposed 27km inland alternative to State Highway 1 that will run
between Linden (Wellington City) and MacKays Crossing (Kapiti Coast
District).
5. There are four components of the TGP:
(a) The Main Alignment involves the construction, operation and
maintenance of a 27 km section of state highway, formed to an expressway
standard, from Linden to MacKays Crossing. The NZTA is the applicant
for the Main Alignment.
(b) The Kenepuru Link Road involves the construction, operation
and maintenance of a limited access state highway connecting the Main
Alignment to western Porirua between Kenepuru Drive and the Kenepuru
interchange. The NZTA is the applicant for the Kenepuru Link Road.
(c) The Porirua Link Roads involve the construction, operation
and maintenance of two local roads (the Whitby Link Road and the
Waitangirua Link Road) to connect the Main Alignment to the existing
eastern Porirua road network. The Porirua City Council is the applicant
for the Porirua Link Roads.
(d) The relocation of 24 transmission towers, between the
Pauatahanui sub-station at State Highway 58 and MacKays Crossing, to
accommodate the construction and operation of the Main Alignment.
Transpower is the applicant for the transmission line relocation.
6. In total, the matters lodged for the consenting and designation of the TGP for each of the applicants are:
(a) NZTA – six Notices of Requirement and 16 Resource Consents;
(b) PCC – two Notices of Requirement and four Resource Consents;
(c) Transpower – two Resource Consents.
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EPA Recommendation on the National Significance of the Matters
7. In preparing its recommendation, the
EPA has taken into account all the relevant factors under section 142(3)1
of the RMA, the EPA recommendation made for the Transmission Gully Plan
Change Request (Stage One of the TGP) to refer that stage to a board of
inquiry, and whether the matters are a proposal of national
significance or whether they form part of a proposal of national
significance. You are required to take the same factors into account
under section 147(2) of the RMA when making your direction.
8. The NZTA Plan Change Request for
changes to the Greater Wellington Regional Freshwater Plan for Stage 1
of the TGP is currently being considered by a board of inquiry and a
draft decision and report are due to be released on 26 August 2011. It
is understood that the two-staged approach by the NZTA was designed to
enable the decision on the Plan Change Request to be released by the
time these subsequent Stage Two matters are determined. The EPA
considers that there is a direct link between the NZTA Plan Change
Request being considered by a board of inquiry as part of a proposal of
national significance, and these integrated matters lodged by the three
applicants as part of the TGP.
9. Taking into account the factors
outlined in 142(3)1 of the RMA, together with the reasons outlined in the
EPA Recommendation for Stage 1 of the TGP, the EPA considers the
matters for each component are, or are part of, a proposal of national
significance for the reasons set out below.
10. The matters lodged by the NZTA for the
Main Alignment and Kenepuru Link Road components of the TGP are a
proposal of national significance for the following reasons:
(a) has aroused widespread public concern
or interest regarding its actual or likely effect on the environment
(including the global environment)
The Main Alignment and Kenepuru Link Road,
being the 27km state highway inland alternative to the existing coastal
route, have had a long history of media and public attention, part of
which relates to the actual or potential effects of the proposal on the
environment.
(b) involves or is likely to involve significant use of natural and physical resources
The Main Alignment and Kenepuru Link Road
involves the construction of a state highway 27km in length, which in
turn requires forming new link roads and the relocation of transmission
lines in order to proceed. Construction will involve approximately 6.3
million cubic metres of cut material and 5.8 million cubic metres of
fill material. There are approximately 112 stream crossings, requiring
culverts and bridges, and the permanent realignment of approximately
6.5km of streams. The proposal traverses mainly rural land, with urban
development at the northern end, at MacKays Crossing, and the southern
end around Whitby, Linden, Waitangirua, Cannons Creek and other eastern
suburbs of Porirua. Land within the proposal area is highly modified,
comprising mostly pasture, with some areas of regenerating native bush
and exotic forestry.
The proposal traverses nine hydrological
catchments, which are part of four different watersheds. Five of the
catchments (approximately 65% of the length of the proposal) drain into
the Pauatahanui Inlet, which is considered to be relatively extensive
unmodified estuarine area in the southern part of the North Island.
Multiple areas of land will need to be
acquired by NZTA for the Main Alignment and the Kenepuru Link Road.
Hence the construction and subsequent occupation of land and water by
the TGP will involve significant use of natural and physical resources.
The project is estimated to cost more than $1 billion.
(c) affects or is likely to affect a structure, feature, place or area of national significance
The Main Alignment and Kenepuru Link Road are
the primary components of the TGP. The PCC and Transpower matters are
consequential to, and would not have been lodged without the NZTA
matters. The Main Alignment and Kenepuru Link Road are part of the
Wellington Northern Corridor Road of National Significance (which runs
between Wellington Airport and north of Levin), a roading route
identified in the Government Policy Statement on Land Transport Funding
as a route requiring significant investment to reduce congestion. The
Main Alignment and Kenepuru Link Road are considered to be a key section
of the NZTA Wellington Northern Corridor.
The national significance of the TGP is
further enhanced by its intended status as the primary state highway
linking with the greater North Island and the South Island via
Wellington and through the Cook Strait.
The Pauatahanui Inlet, into which 65% of the
length of the proposal drains, is identified in the Wellington
Conservation Management Strategy as “a productive estuarine habitat, a
site of national significance in the Sites of Special Wildlife Interest
(SSWI) database and the only large area of salt marshes and seagrass in
the Wellington Region.”
Construction of the Main Alignment requires
relocation of transmission lines forming part of the national
electricity grid, which is a structure of national significance.
(e) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment)
The Main Alignment and Kenepuru Link Road are
likely to result in irreversible changes to the environment. The
proposal will involve large scale earthworks (approximately 6.5 million
cubic metres of cut material and 5.8 million cubic metres of fill
material), diversion of approximately 6.5km of streams, culverting or
bridging of approximately 112 streams, removal of exotic and
regenerating native vegetation and changes to the hydrology within the
catchments impacted.
(h) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions
The Main Alignment and Kenepuru Link Road are
expected to provide an alternative route into and out of Wellington
City. An alternate inland state highway route is intended to provide
greater resilience to natural hazards, such as sea level rise, and
provide an alternative route into and out of the western side of
Wellington in the event of a natural disaster. Construction of the Main
Alignment and associated link road is intended to improve travel times,
reliability, reduce congestion within the western road corridor, and
provide a safer driving environment. These provisions will assist the
Crown in providing a safe and secure transport alternative, particularly
in the event that the current State Highway 1 is impacted by unforeseen
events.
The Kenepuru Link Road will help improve
access to key regional and inter-regional destinations by linking the
western Porirua road networks to the Main Alignment. The proposal to
relocate parts of the transmission line to enable the construction and
operation of the Main Alignment will ensure connection to the National
Grid is maintained, thereby assisting the Crown in fulfilling its public
health and welfare functions.
(i) affects or is likely to affect more than 1 region or district
The Main Alignment and Kenepuru Link Road traverse the jurisdictions of four territorial authorities (Wellington City Council, Porirua City Council, Upper Hutt City Council, and the Kapiti Coast District Council) and are within the jurisdiction of the Greater Wellington Regional Council.
(j) relates to a network utility operation that extends or is proposed to extend to more than 1 district or region
The network utility operation for the Main
Alignment and Kenepuru Link Road components extends to the four
territorial authorities (Wellington City Council, Porirua City Council,
Upper Hutt City Council, and the Kapiti Coast District Council).
11. The matters lodged by the PCC for the
Porirua Link Roads component of the TGP form part of a proposal of
national significance for the following reasons:
(h) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions
The Porirua Link Roads assist the Crown in
meeting its security and safety functions and obligations because they
will provide an alternative route into and out of Wellington City.
Access to an alternate inland state highway route is intended to provide
greater resilience to natural hazards, such as sea level rise impacting
the coastal route (State Highway 1), and provide an alternative route
into and out of the western side of Wellington in the event of a natural
disaster. Construction of the Porirua Link Roads, which would provide
access to the Main Alignment, is intended to also improve travel times,
reliability, reduce congestion within the western road corridor and
provide a safer driving environment.
12. The matters lodged by Transpower for the relocation of the transmission lines component of the TGP form part of a proposal of national significance for the following reasons:
(c) affects or is likely to affect a structure, feature, place or area of national significance
The national electricity grid extends across
New Zealand, including towers, poles, lines, cables and substations. It
includes over 12,000km of high-voltage transmission lines and more than
170 substations. Both the transmission lines and the proposed Main
Alignment are nationally significant structures. Without relocation of
the Paekakariki-Takapu Road A transmission line, which is located within
the proposed route of the Main Alignment, construction of the
Wellington Airport to north of the Levin Road of National Significance
would be affected, as the transmission lines run along the proposed
route. Similarly, interruption to and removal of the transmission lines
is not a viable option given the national significance of the national
electricity grid of which the lines are a part.
(i) affects or is likely to affect more than 1 region or district
The national electricity grid is a strategic
infrastructure link, providing electricity across New Zealand. The
relocation works are located within the Kapiti Coast District, Porirua
City and the jurisdiction of the Greater Wellington Regional Council.
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EPA Recommendation to direct to a Board of Inquiry
13. The EPA recommends that the matters
be directed to a board of inquiry for decision for the following
reasons, and as discussed in paragraphs 10, 11 and 12 above:
(a) The matters for the Main Alignment and
Kenepuru Link Road components lodged by the NZTA are a proposal of
national significance.
(b) The matters for the Porirua Link Roads component lodged by the PCC form part of a proposal of national significance.
(c) The matters for the transmission line relocation lodged by Transpower form part of a proposal of national significance.
(d) The board of inquiry process outlined
in Part 6AA of the RMA will provide for a comprehensive assessment of
all matters within a streamlined process. The board of inquiry has a set
timeframe of nine months within which to consider the Notices of
Requirement and Resource Consents, and produce a report on the matters,
which provides for more certain decision-making time frames.
(e) A board of inquiry process will allow
for continuity and efficiency in the decision-making process, so that
both Stage One and Stage Two of the TGP are both heard by the same type
of decision-making body. Stage Two of the TGP is of greater complexity
than Stage One, and the possibility of using the same board for Stage
Two as for Stage One should be considered.
(f) A board of inquiry process allows for
its members to have specific expertise relevant to the proposal, such as
expertise in engineering, transportation planning, a wide range of
resource management issues and hearing procedures, as well as an
understanding of the local community and tikanga Maori.
(g) The components of the TGP relate to
the jurisdiction of several local authorities. A board of inquiry
process will ensure that all matters are heard efficiently and in an
integrated manner for Stage Two of the TGP.
14.
In its pre-application discussions on
these matters, the EPA has enjoyed a positive cooperative relationship
with officers of the Porirua City Council, Kapiti Coast District
Council, Upper Hutt City Council, Wellington City Council and the
Greater Wellington Regional Council. This recommendation should not be
regarded as inferring any deficiency in the capability of local
authorities or the Environment Court to process the matter.
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Views of the Applicants
15. In making a direction, section 147(4) of the RMA requires you to have regard to the views of the applicants.
16. In a joint application letter, the applicants provided an
assessment of why they consider the matters lodged to be a proposal of
national significance and what direction you should make. In that
letter, the applicants’ request:
“……that all of the applications pertaining to the Transmission Gully Project be referred to a Board of Inquiry.
This is on the basis that the applications are a proposal of
national significance, and that a Board of Inquiry process would best
enable a comprehensive assessment of the applications within a
streamlined process and certain decision-making timeframe.
Both the Porirua City Council and Transpower New Zealand Limited
has confirmed that they seek that their respective applications be heard
at the same time as the NZTA’s application, by the same Board of
Inquiry."
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Views and capacity of the Local Authorities
17. In making a direction, section 147(4) of the RMA also
requires you to have regard to the views of the local authorities and
their capacity to process the matters.
18. Officials from the EPA have sought the views of the Porirua
City Council, Kapiti Coast District Council, Upper Hutt City Council,
Wellington City Council, and the Greater Wellington Regional Council
about what direction you should make in relation to these matters. Their
full views are contained within letters attached as Appendix 4.
19. Gary Simpson, Chief Executive of the Porirua City Council advised the EPA that:
“It is the preference of Porirua City Council that the proposal be
processed by a Board of Inquiry as it agrees that this is a proposal of
national significance.
It is not considered appropriate that the matter be referred back
to the individual Councils as the project involves five different
Councils and it would be logistically more efficient for the process to
continue to be administered by the EPA and heard by a Board of Inquiry.
…..In addition, Porirua City Council is a co-applicant and
requiring authority along with NZTA and it would be less appropriate for
the Council to preside over its own Requirement hearing than it would
be for a Board of Inquiry.”
20. Warren Ulusele, Manager - Development Planning and Compliance of the Wellington City Council comments that :
“Wellington City Council consider it appropriate that the
applications be considered via the Board of Inquiry process” and “that
the Council has the necessary resources and capacity to assist the BOI
process should that be the decision of the Minister.”
21. David Benham, Chief Executive of the Greater Wellington Regional Council comments that:
“I am in no doubt that the Board of Inquiry is the most appropriate
and effective way of addressing the resource consent applications….”
“….While GW has the capability to process the resource consent
application, the capacity of existing staff to do the work would be
significantly limiting.”
22. Patrick Dougherty, Chief Executive of the Kapiti Coast District Council comments that:
“We have no strong view about whether the application should be
processed by a Board of Inquiry. However, as Transmission Gully does
not fall significantly within our district we do not wish to be involved
in any delivery of services around the process.”
23. Richard Harbord, Director of Environmental Services of the Upper Hutt City Council comments that:
“The Upper Hutt City Council preference is for the consenting process to be administered by a BOI or the Environment Court.”
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Minister’s Direction
24. Having received this recommendation, you must consider
whether you refer the matters to either a board of inquiry for decision,
or the Environment Court, or to the appropriate local authority.
25. You can only make a direction to refer the matters to a
board of inquiry or the Environment Court if you consider the matters
are part of or are a proposal of national significance.
26. In making that direction, you must have regard to the views
of the applicants (NZTA, PCC and Transpower) and the local authorities;
the capacity of these local authorities to process the matter; and the
recommendation of the EPA.
27. There is no statutory timeframe for making your direction,
other than the requirement under section 21 of the RMA to carry out your
functions, powers and duties under the Act as promptly as is reasonable
in the circumstances. Cabinet Circular CO (06) 7 (which was issued in
relation to ministerial intervention prior to the 2009 amendments to the
RMA) requires you to consult with Cabinet on this matter. This should
occur prior to making your direction.
Other intervention Options
28. The following options are also available to you pursuant to section 146(2)(a) of the RMA should you make a direction to refer the matter to a board of inquiry. They are:
(a) direct that a submission be made on the matter for the Crown; and
(b) extend the 9 month timeframe for a board of inquiry to determine a matter.
29. Pursuant to section 146(2) of the RMA, the EPA does not
recommend that you take either of these courses of action at this time.
Footnote 1: Please note that while the factors have not changed, recent changes to the Resource Management Act 1991 amended the paragraph referencing from alphabetical to roman numerical. Therefore the reference to s142(3)(a) is now s142(3)(a)(i), s142(3)(b) is now s142(3)(a)(ii), s142(3)(c) is now s142(3)(a)(iii), s142(3)(e) is now s142(3)(a)(v), s142(3)(h) is now s142(3)(a)(viii), s142(3)(i) is now s142(3)(a)(ix), and s142(3)(j) is now s142(3)(a)(x).
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