11. Conclusion
As noted in section 2 of this report, Cabinet sought advice from the Reference Group on three specific questions. Those questions, and their answers, form the organising themes of this conclusion.
First, the Reference Group was asked what an NPS under the Resource Management Act on electricity transmission could, and could not, cover.
In response to that question the Reference Group can advise that an NPS on electricity transmission could include policies that:
- accord nationally significant status to the transmission network;
- require local authorities to consider the positive national effects (in addition to the local adverse effects) of transmission when making decisions on resource consents and recommendations on notices of requirement;
- require local authorities to consider the adverse effects on the transmission network when assessing resource consent applications for activities in close proximity to transmission lines;
- encourage local authorities to manage the visual, cultural, archaeological and biodiversity impacts of the transmission network by ensuring Transpower avoids inappropriate routes; and
- encourage local authorities to manage reverse sensitivity associated with noise from the transmission network's substations.
The second question asked of the Reference Group was whether such an NPS as described above, would be likely to be beneficial in terms of addressing issues associated with managing electricity transmission and its effects on the environment.
In response to that question, the Reference Group can advise that all the potential policies described above appear likely to be beneficial. From the analysis undertaken thus far, it appears that there would be net benefits from each of the policies, although the Reference Group does acknowledge that there are a number of areas of uncertainty.
All the matters sought to be addressed by the suggested policies are significant if transmission is to be effectively managed under the RMA. If, after further analysis and public consultation, the net benefit cannot be demonstrated for one or other of the policies suggested, consideration should be given to providing non statutory guidance in relation to that matter.
On balance, however, and notwithstanding the uncertainties identified, the Reference Group recommends that the Minister for the Environment be invited to proceed with the drafting of a proposed NPS for public consultation along the general lines outlined in this report.
The final question to be considered by the Reference Group is what, if any, NESs might complement, or substitute for an NPS.
In response to that question, the Reference Group recommends, in addition to the NPS outlined above, the drafting of two NESs for public consultation that complement the suggested NPS by specifying:
- the transmission activities that should, and should not, be permitted as of right (i.e. those activities for which no resource consent is required); and
- which of the various activities that might affect the transmission network should be prohibited and/or require resource consent. (These should be based on key mandatory restrictions already included in NZECP 34).
These NESs are closely associated with the NPS policies recommended by the Reference Group and should be developed as a package with those policies.
A third NES specifying standards in relation to electric and magnetic fields associated with the transmission network would also be desirable.
The Reference Group acknowledges, however, that the development of an NES on electric and magnetic fields should await advice from the Minister of Health on an appropriate standard.
Finally, in addition to the NPS and NESs, the Reference Group suggests two further initiatives:
- ensuring that local authorities do not issue building consents for buildings that contravene NZECP 34, if necessary by amending the Building Act 2004; and
- an amendment to the Resource Management (Forms, Fees and Procedures) Regulation 2003 to identify Transpower as a party that should be served notice of applications that might affect the transmission network.
In summary, the Reference Group recommends that the Government should proceed to draft an NPS and two NESs in relation to electricity transmission. Public consultation on these drafts will enable fuller evaluation as required by section 32 of the RMA.
This report includes some indicative wording to help guide that drafting process.
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