Nick Smith23 March,
2010
Environment Minister
Nick Smith today announced that he has referred
Contact Energy's proposal for a geothermal
power station in the Tauhara steam field
near Taupo to an independent Board of Inquiry.
"I have reviewed
Contact Energy's application and the recommendations
from the Environmental Protection Authority
(EPA) and have decided to direct the application
- the first submitted directly to the Government's
new EPA - to an independent Board of Inquiry
for consideration," Dr Smith said.
"A board of inquiry,
chaired by an Environment Court Judge, is
the most appropriate way to deal with this
nationally significant geothermal power
station proposal. At 240MW the Tauhara II
geothermal station would be able to provide
power to all homes in a region the size
of greater Wellington.
"Changes the Government
made to streamline the Resource Management
Act last year mean Contact Energy's application
was able to be made directly to the EPA
and did not require call in from a regional
or territorial authority. It means a decision
on this application must be made within
nine months of public notification. Appeal
rights are also limited as the Government's
objective is to do these major projects
once and do them properly without years
of litigation."
The members of the Board
of Inquiry that will decide on the proposed
Tauhara II Geothermal Development Project
are: Environment Judge Gordon Whiting (chairman),
Dr Patrick Browne (geothermal science expert),
Brian White (geothermal engineering expert),
Glenice Paine (Tikanga Maori expert) and
Jenni Vernon (RMA expert with local knowledge).
"The board members
have the right mix of skills to hear this
application and I am confident this process
will result in a robust and timely decision,"
Dr Smith said.
"This Government
is keen to encourage development of renewable
energy, reversing the declining trend of
the last decade. Changes to the RMA and
the establishment of the EPA are part of
that strategy as well as advancing a National
Policy Statement on Renewable Electricity
to facilitate viable developments."
Information about the
application, the board of inquiry, and how
to make a submission can be found at www.epa.govt.nz/applications/tauhara-ii/
Biographies of Board
of Inquiry members
Judge Gordon Whiting
(Chairman Judge Whiting was admitted to
the bar in 1968 and is experienced in resource
management law. He has been a District Court
and an Environment Court Judge since 1997.
As an Environment Court Judge he has presided
over many resource management cases, including
applications for geothermal developments.
Judge Whiting chaired the board of inquiry
that decided on the called-in Te Mihi Geothermal
Power Development. Judge Whiting's appointment
to the Board was recommended by both Environment
Waikato and Taupo District Council.
Dr Patrick Browne is
a geologist and geochemist specialising
in geothermal fields. He is an Honorary
Research Fellow with the Institute of Earth
Sciences and Engineering at Auckland University.
He was a hearings commissioner for geothermal
consent applications in 2004 (from Contact
Energy and Geothermal). He is on a peer
review panel for two regional councils with
respect to the Rotokawa and Kawerau geothermal
fields. He was also a member of the board
of inquiry for the Te Mihi Geothermal Power
Development. Dr Browne will bring a technical
understanding of geothermal systems and
geothermal field development to the Board.
Brian White is an engineer
with extensive experience in the field of
geothermal power, including geothermal developments,
feasibility studies related to geothermal
electricity, and consenting of geothermal
power stations. He is the Commercial Development
Manager of East Harbour Management Services
Ltd. He is the Executive Officer of the
New Zealand Geothermal Association and a
Member of IPENZ and the International Geothermal
Association. Mr White will bring an understanding
of the engineering of geothermal systems
and geothermal field development to the
Board.
Glenice Paine is of
Te Atiawa and Ngai Tahu descent. She has
RMA experience serving as Te Atiawa's Resource
Management Officer. She was appointed in
2006 as a member of the special tribunal
to consider an application to amend the
Buller Water Conservation Order. She was
appointed to Nga Kahiautu Tikanga Taioa
(Maori Advisory Committee to the Environmental
Risk Management Authority) in 2003 and was
reappointed for a further term in 2006.
She was also a member of the board of inquiry
for the Te Mihi Geothermal Power Development.
She is accredited under the RMA Making Good
Decisions programme. Ms Paine will bring
a strong understanding of tikanga Maori,
community and conservation values to the
Board, together with understanding of geothermal
power development gained from her sitting
on the Te Mihi board of inquiry.
Jenni Vernon is an experienced
resource management facilitator and hearings
commissioner. She lives in Ngaruawahia in
the Waikato. She is accredited under the
RMA Making Good Decisions programme. She
was an Environment Waikato Councillor from
1995-2007, and was Chair of the Council
from 2004-2007. From 2008 to this year she
was a ministerial appointee to the board
of inquiry for the National Policy Statement
for NZ Freshwater Management. She was a
member of Environment Waikato hearings panel
on the Geothermal Variation to the Regional
Policy Statement and the Regional Plan.
She has heard many applications for resource
consent including for the renewal of the
Huntly Power Station and for the renewal
of the Contact Energy Ohaaki Power Station.
She holds a Masters in Management Studies
(Economics and Environment) (Hons) and a
Postgraduate Diploma in Environmental Law
and Management. Ms Vernon will bring an
understanding of the RMA and resource management,
together with local knowledge.
+ More
Commissioners needed
to fix Canterbury water
Nick Smith, Rodney Hide30
March, 2010
Commissioners are to be appointed to replace
the Environment Canterbury Council and given
additional powers under proposed special
legislation to address urgent problems with
water management in Canterbury, Environment
Minister Nick Smith and Local Government
Minister Rodney Hide announced today.
The announcement follows
a critical independent review of Environment
Canterbury's performance released in February.
"Efficient water
management is crucial to New Zealand's competitive
advantage and our clean green brand,"
Dr Smith said. "Canterbury is strategically
important with it holding more than half
of the country's irrigation water and hydro
storage. Government leadership is needed
to address Canterbury's lack of a proper
allocation plan, increasing problems with
water quality and the failure to progress
opportunities for water storage.
"It is the Government's
view that the problems identified by the
review team are complex will not be resolved
through the normal local electoral cycle.
Commissioners will need a reasonable timeframe
to resolve these difficult issues"
said Mr Hide.. "For this reason the
Government proposes to defer the Local Government
elections this year for the Canterbury Regional
Council. The proposed legislation provides
for new elections when Commissioners have
completed their task but no later than the
2013 Local Government elections.
"I am confident
that by then Environment Canterbury will
be ready to return to an elected council
status."
Dr Smith said an urgent
priority for the Government was a water
plan for Canterbury.
"This is a task
that has been needed since the passing of
the Resource Management Act in 1991 but
it is still years away. Thousands of consents
are being processes in an ad hoc way without
any proper framework. Powers will be given
to commissioners to fast track the completion
of the plan.
"The Commissioners
will also be given powers to impose targeted
moratoria on water take consents and to
make decisions on water conservation orders.
This is to ensure they have all the tools
at their disposal to deliver the step change
required to effectively manage Canterbury's
water.
"We want the Commissioners
to build on the good work by stakeholders,
councils and communities under the Canterbury
Water Management Strategy. The legislation
gives that strategy recognition and provides
Commissioners with a clear framework for
managing Canterbury's water."
The Ministers said that
Dame Margaret Bazley has been appointed
as Commission Chair Designate.
"Dame Margaret
has an outstanding public service record
of leading change and fixing difficult problems,
"the Ministers said. "She will
be joined by a further four to six commissioners
to be appointed within the next month. Dame
Margaret will today be meeting with Environment
Canterbury senior executives to ensure a
smooth transition to the new governance
arrangements."
The Government will
be introducing and intending to pass the
Environment Canterbury Temporary Commissioners
and Improved Water Management Bill under
urgency in Parliament this week. The Bill
makes temporary amendments to the Local
Government and Resource Management Acts
to empower the commission with those powers
expiring in October 2013.
Dr Smith said: "No
decisions have been made on the Environment
Canterbury Review Group's recommendation
for a new Canterbury Water Authority to
replace Environment Canterbury. The Government
wants to consider the conclusions of the
Land and Water Forum due to report in July,
the work on the Environmental Protection
Authority, further advice from the Commission
and officials, and consultation with the
Canterbury community before making permanent
changes to the governance of the region's
water."
+ More
First Reading: Environment
Canterbury (Temporary Commissioners and
Improved Water Management) Bill
Nick Smith30 March,
2010
Mr Speaker, I move that the Environment
Canterbury (Temporary Commissioners and
Improved Water Management) Bill now be read
a first time.
New Zealand's most strategically
important natural resource is our freshwater.
At nearly 80,000 cubic metres per person,
water is to us what oil is to Saudi Arabia.
Better still, if wisely managed it is infinitely
renewable.
The problem is that
water has been so plentiful that we have
not had to be too sophisticated historically
in how we have allocated or managed the
resource.
Nowhere is this debate
as hot as in Canterbury where over 50 per
cent of New Zealand's irrigation currently
occurs. You've got people flexing their
muscles over water while the weakened referee
Environment Canterbury is struggling to
maintain order.
Long standing, systemic
issues relating to the performance of ECan
have reached a critical stage. Evidence
of failure has been apparent for well over
a decade and concerns surrounding ECan were
included in the Ministry for the Environment's
briefing to me as the incoming Minister
for the Environment.
Based on these concerns
and ECan's performance in the 2007/2008
RMA Survey of Local Authorities (which found
that ECan was worst out of 84 local councils
and was only complying with statutory timeframes
in 29 percent of cases) I decided to fully
investigate their performance.
The review was undertaken
by an independent Review Group, chaired
by Wyatt Creech and including Doug Martin,
Doug Low and Greg Hill.
The review unanimously
found ECan has been unable to deliver a
robust, clear and effective framework for
the management of natural resources (particularly
fresh water) in the region and recommended
the action being taken today.
Mr Speaker, the Canterbury
community has lost faith in the ability
of ECan to deliver on its statutory responsibilities.
The Minister of Local
Government and I have held meetings with
ECan, with Canterbury mayors and chief executives,
and their councils, with key stakeholders
and with Ngai Tahu.
The views of people
to me were clear. People told me:
•§ That it's been
patently obvious for a number of years that
something needed to be done
•§ That the report is comprehensive
and accurate and ECan is not listening to
its community.
•§ That a dysfunctional ECan is holding
back the region, economically and environmentally.
•§ That the report included sound recommendations
for administrative change.
Mr Speaker, ECan's relationships
with freshwater-stakeholders and parties
such as Ngai Tahu and Canterbury's territorial
authorities are compromised to a degree
that undermines ECan's efforts to remedy
the resource management issues in the region.
It is my take, that
there is a broad consensus in support of
the Review Group's findings in relation
to the institutional governance of ECan
and almost unanimous support for strong
central government leadership on this issue.
The Review Group report
recommends that Government establish a stand-alone
Canterbury Water Authority. The Government
believes further consideration is required
before such structural arrangements are
put in place. There is nothing in this Bill
giving effect to this recommendation.
The threshold for intervention
in the affairs of local government is high.
Intervention is only considered when there
is serious failure, mismanagement or mis-governance.
With ECan, the Government intervention is
required because of three things:
First, the Council has
failed to effectively manage Canterbury
freshwater (a natural resource of regional
and national importance)
Second, it does not
have a fully operative regional planning
and policy framework for resource management
- this has resulted in ad hoc and unsatisfactory
arrangements for managing freshwater
And third, there is
an "enormous and unprecedented"
gap between what needs to be done to effectively
manage Canterbury freshwater, and ECan's
ability to do so (as highlighted by the
ECan review team's report).
These problems straddle
the roles and functions of ECan under the
Local Government Act and the Resource Management
Act. The existing powers provided under
statutes are not sufficient to address these
problems:
There is a compelling
case for immediate and direct action by
Government. Intervention is required to
address a failure of governance on the part
of ECan's elected Council, particularly
in relation to freshwater management.
If we do not act the
economic, social and cultural well-being
of Canterbury will continue to suffer.
This Bill provides the
power to appoint and empower Government
appointed commissioners. These commissioners
will provide the governance and leadership
necessary to rapidly bring the region's
resource management framework into line,
and to solve the immediate problems with
ECan.
Commissioners are a
transitional measure and will be empowered
to rapidly address the institutional and
planning problems that are preventing effective
resource management governance and decision
making in Canterbury.
The planned ECan election
in October 2010 would be deferred until
such time as the commissioners have completed
their task. Under any circumstances the
next regional council elections in Canterbury
will take place no later than the elections
scheduled for late 2013.
The explicit intent
is for the commissioners to withdraw and
to be replaced by elected representatives
as soon as their task is achieved and the
present systemic issues are resolved.
Commissioners will be
tasked with making institutional adjustments
to ensure ECan is able to manage its duties
effectively. They will additionally be tasked
with 'fixing' the water problem. This requires
an effective operative regional water plan.
It is only through such a plan that ECan
can make strategic decisions about resources
and lay the ground rules against which future
decisions will be assessed. This will enable
ECan to make robust and sustainable resource
management decisions in an efficient and
timely manner.
The Commissioners will
need to be experienced and capable individuals,
collectively holding a wide and deep set
of expertise and experience. That is why
I have appointed Dame Margaret Bazley as
Commission Chair Designate.
The Commissioners will
have power to appoint and delegate appropriate
people with the necessary status and experience
in resource management to advise and/or
decide on resource management matters.
The Commissioners will
be required to draw on the wisdom and opinions
of the mayors of Canterbury, seeking mayors'
guidance regularly and thus ensuring they
are aware of the different viewpoints throughout
Canterbury on key issues.
Central Government support
will also be available, so that commissioners
are informed by the deliberations of the
Land and Water Forum and are able to draw
upon the wider New Start for Fresh Water
work and decisions.
Additionally, commissioners
will be given unique powers and will operate
under an altered decision making framework
for the duration of their appointments.
The collaborative Canterbury
Strategic Water Management Study has recently
led to the development of the Canterbury
Water Management Strategy. This strategy
has gained the broad support of stakeholders
across the region (including the territorial
authorities) and has generated a good deal
of momentum towards the collaborative development
of a robust and durable framework for managing
fresh water in Canterbury.
The strategy proposes
significant changes to the institutional
and resource management frameworks in Canterbury.
I firmly believe that
Government's response to the recommendations
of the Review Group should capitalise on
the momentum provided by the Strategy.
Mr Speaker, I propose
to achieve this by requiring the Commissioners
to have particular regard to the vision
and principles of the Strategy, which will
be included as a schedule in the Act, when
making decisions and recommendations on
the framework for managing fresh water in
Canterbury.
The vision and principles
of the Strategy are subtly different from,
but consistent with, the sustainable management
purpose of the RMA. Requiring commissioners
to have particular regard to the vision
and principles of the Strategy when making
decisions on fresh water management is unlikely
to significantly tilt the playing field
in favour of any particular outcome. However,
it will ensure that any decisions the commissioners
make on the planning framework are taken
in the context of this recent and well-supported
expression of community aspirations.
Mr Speaker, in order
to empower commissioners to expedite decisions
on the Natural Resources Regional Plan and
Regional Policy Statement, I propose that
there only be appeals to the High Court
on points of law with no appeals on the
merit of the commissioners' (or their delegates')
decisions. This differs from the current
situation where appeals on merit are available
to the Environment Court.
In the absence of an
operative planning framework for managing
water in Canterbury, the region's water
conservation orders have set the benchmark
around which the Natural Resource Regional
Plan has begun to develop and consents have
been granted. There is such a stark contrast
in Canterbury between the way resources
subject to water conservation orders are
managed versus those that are not subject
to water conservation orders, that I'm concerned
at the sustainability of the overall resource
management outcomes. I consider that the
attributes of the Canterbury region justify
a move to ensure that the region's water
resources are managed in a more integrated
way.
Accordingly in Canterbury,
during the period of intervention, the Bill
provides that the Minister for the Environment
would be required to direct applications
for new Water Conservation Orders and applications
to vary or revoke existing water conservation
orders to the appointed commissioners rather
than a Special Tribunal. The commissioners
would follow normal statutory procedures
for inviting submissions and conducting
hearings, although the provision for submissions
(appeals) to the Environment Court on the
merit of their recommendations would be
replaced with the ability to appeal to the
High Court on points of law.
In addition, commissioners'
recommendations on Water Conservation Orders
would be made against a decision-making
framework that ensures that decisions on
fresh water management in Canterbury are
made against a backdrop of sustainable management,
augmented by the vision and principles of
the Canterbury Water Management Strategy.
Decisions on applications to vary existing
water conservation orders would be subject
to the same ‘sustainable management' test.
As Minister for the Environment I would
have the final decision making role on water
conservation orders in accordance with existing
RMA provisions.
I believe that it is
important to the success of this intervention
that the resource management planning framework
in Canterbury is allowed to develop in a
consistent and integrated manner. For this
to happen, key resource management decisions,
including decisions on water conservation
orders, will need to be made in accordance
with the same over-arching statutory test.
An application for a
water conservation order over the Hurunui
River is currently under consideration by
the Environment Court. The threshold for
Government intervening in matters before
the judiciary is rightfully very high. In
this case I consider that intervention is
necessary to promote consistent planning
outcomes and to avoid the potential need
for subsequent revision of the recommendations
of the Environment Court (and the time,
cost and uncertainty associated with this).
Accordingly I propose
that the application for a water conservation
order over the Hurunui River be referred
to the commissioners. The Environment Court
process would cease and the commissioners
would consider the application, and submissions
on it, against the same amended criteria
I referred to earlier.
The original applicant
would have an opportunity to revise its
application in light of the new decision-making
criteria and, in order to ensure that the
process is equitable but also efficient,
I propose to allow persons who made submissions
to the special tribunal on the application
for a water conservation order over the
Hurunui to make submissions to the commissioners
and to participate in hearings.
Currently, there are
certain ground water zones and other fresh
water resources in Canterbury that are nearing
or beyond full allocation. In many of these
over-allocated catchments, consents for
new water takes are still being granted,
further jeopardising the economic, environmental
and social well-being of communities.
Mr Speaker, to stop
this, I propose that commissioners be given
the power to recommend targeted moratoria,
subject to the approval of the Minister
for the Environment. These moratoria would
enable commissioners to refuse to accept
new applications and to put existing applications
on hold for a defined area for a defined
time period.
These moratoria would
not affect applications that have either
been decided or are subject to appeals to
the Environment Court - those applications
would proceed in accordance with existing
statutory processes and criteria. Both the
commissioners and the Minister for the Environment
will be given the power to reactivate existing
applications that have been placed on hold
and to require the acceptance of new applications
at any time.
The situation we find
in ECan is unprecedented. Government intervention
is not only warranted but, based on my conversations
with the people of Canterbury is, as Ngai
Tahu told me, regretfully supported. Doing
nothing is not an option.
I am confident that
the above proposal is the minimum required
to turn ECan around, and that such intervention
is not only in the interest of the well-being
of the people of Canterbury, but is indeed
in the interest of all New Zealanders.
Mr Speaker, I commend this Bill to the House.
+ More
First step to improving
Canterbury water management
Nick Smith, Rodney Hide31
March, 2010
The passing of the Government's Environment
Canterbury (Temporary Commissioners and
Improved Water Management) Bill through
Parliament today is the first step to improving
Canterbury's water management, says Environment
Minister Nick Smith and Local Government
Minister Rodney Hide.
"Water is of huge
strategic importance to Canterbury and New
Zealand yet we have been failing to properly
plan for its use, control pollution and
take up the opportunities for storage,"
Dr Smith said. "It is a big call to
replace councillors with commissioners but
this circuit breaker is required in Canterbury
to ensure water is better managed.
"The additional
powers for the commissioners to fast track
completion of the regional water plan, impose
targeted moratoria on water takes, and to
consider water conservation orders, are
to ensure they have all the tools needed
to make progress on this difficult issue."
Dr Smith and Mr Hide
said the next step would now be on finalising
the terms of reference and membership of
the Commission.
"We will be appointing
the remaining four to six commissioners
within the next month. This will ensure
Environment Canterbury can move ahead positively
and constructively," Mr Hide said.
The Ministers said:
"The Commissioners will need to be
experienced and capable individuals, with
the right mix of skills to ensure Environment
Canterbury is making robust and sustainable
resource management decisions in an efficient
and timely manner and ensure Environment
Canterbury is delivering for the people
of Canterbury."
New Zealand Emissions Trading Scheme:
Draft Fishing Allocation Plan Consultation
Document
This document seeks
feedback on the Government's Draft Fishing
Allocation Plan under the New Zealand Emissions
Trading Scheme. You can make a submission
using the form at the link below.
Submissions close at
5.00 pm on Monday 26 April 2010.
1. Purpose of this document
The purpose of this document is to seek
your feedback on the Government’s Draft
Fishing Allocation Plan under the New Zealand
Emissions Trading Scheme (NZ ETS).
The Minister for Climate
Change Issues (the Minister) is required
under section 76 of the Climate Change Response
Act 2002 (the Act) to give public notice
of this document and to make a hard copy
available at the head office of the Ministry
for the Environment so anyone can make a
submission. He is also required under section
76 of the Act to publish the document on
the Ministry for the Environment’s website.
Structure of document
This document has three parts.
Explanation – background
information to help you understand the Draft
Fishing Allocation Plan.
Draft Fishing Allocation Plan – the legal
document being consulted on.
Submission form – for giving your feedback
on the Draft Fishing Allocation Plan.
How to give feedback
You can make a submission on the Draft Fishing
Allocation Plan using the form attached
to the back of this document and available
on www.mfe.govt.nz or www.climatechange.govt.nz.
You can make your submission
by email to fishing@climatechange.govt.nz
or by post to:
Draft Fishing Allocation
Plan Submissions
Ministry for the Environment
PO Box 10362
Wellington 6143
Submissions close at
5.00 pm on Monday 26 April 2010.
More information
You can find more information on the New
Zealand Emissions Trading Scheme at www.climatechange.govt.nz.
If you have questions
about the Draft Fishing Allocation Plan,
you can phone the Climate Change Contact
Centre on 0800 CLIMATE (0800 254 628) or
email fishing@climatechange.govt.nz.
