APPENDIX 13 Analysis of Policy and Planning Documents for the Proposed Expansion of Te Mihi Power Station

APPENDIX 13 Analysis of Policy and Planning Documents for the proposed expansion of Te Mihi Power Station

1. INTRODUCTION This report presents an analysis of the proposed expansion of Te Mihi Power Station in relation to the relevant policy and planning documents that need to be considered under sections 104(1)(b) and (c) of the RMA and Part 2 of the RMA as follows:

Vision and Strategy for the Waikato River;

National Policy Statements;

National Environmental Standards and Other Regulations;

Waikato Regional Policy Statement;

Waikato Regional Plan;

Taupō District Plan; and

Other Potentially Relevant Matters.

2. VISION AND STRATEGY FOR THE WAIKATO RIVER The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and the Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, inserted the Vision and Strategy for the Waikato River (“Vision and Strategy”) into the (then) operative Regional Policy Statement (“RPS”).1 The Vision and Strategy prevails over any inconsistent provisions in a national policy statement or the New Zealand Coastal Policy Statement.

The Vision and Strategy applies to the area of the Waikato River catchment from Huka Falls to Te Puuaha o Waikato (Port Waikato) and the Waipa River from its junction with the Punui River to its confluence with the Waikato River at Ngaruawahia. This area includes the Wairākei Field and the site of the proposed expansion of Te Mihi Power Station.

The Vision for the Waikato River is:

“… for a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and wellbeing of the Waikato River, and all it embraces, for generations to come.”

To achieve this Vision, there are 13 objectives in the Vision and Strategy as follows:

1 The Vision and Strategy was also included in the notified version of the Proposed (now operative) RPS. This meant that the RPS progressed through the submission and hearing process with the Vision and Strategy being reflected in many of the provisions of the RPS.

A. The restoration and protection of the health and wellbeing of the Waikato River.

B. The restoration and protection of the relationship of Waikato-Tainui with the Waikato River, including their economic, social, cultural, and spiritual relationships.

C. The restoration and protection of the relationship of Waikato River Iwi according to their tikanga and kawa, with the Waikato River, including their economic, social, cultural and spiritual relationships.

D. The restoration and protection of the relationship of the Waikato Region’s communities with the Waikato River including their economic, social, cultural and spiritual relationships.

E. The integrated, holistic and coordinated approach to management of the natural, physical, cultural and historic resources of the Waikato River.

F. The adoption of a precautionary approach towards decisions that may result in significant adverse effects on the Waikato River, and in particular those effects that threaten serious or irreversible damage to the Waikato River.

G. The recognition and avoidance of adverse cumulative effects, and potential cumulative effects, of activities undertaken both on the Waikato River and within its catchments on the health and wellbeing of the Waikato River.

H. The recognition that the Waikato River is degraded and should not be required to absorb further degradation as a result of human activities.

I. The protection and enhancement of significant sites, fisheries, flora and fauna.

J. The recognition that the strategic importance of the Waikato River to New Zealand’s social, cultural, environmental and economic wellbeing is subject to the restoration and protection of the health and wellbeing of the Waikato River.

K. The restoration of water quality within the Waikato River so that it is safe for people to swim in and take food from over its entire length.

L. The promotion of improved access to the Waikato River to better enable sporting, recreational, and cultural opportunities.

M. The application to the above of both Mātauranga Māori and latest available scientific methods.

As explained in Section 1.4 of the AEE, the expansion of Te Mihi Power Station is part of a larger project being advanced by Contact referred to as “GeoFuture”. GeoFuture is about reconfiguring and reconsenting Contact’s activities on the Wairākei Field (forming part of the wider Wairākei-Tauhara Geothermal System) to achieve a more efficient utilisation of the geothermal resource for renewable electricity generation purposes and to reduce adverse effects on the Waikato River. Specifically, GeoFuture (including the expansion of Te Mihi

Power Station) will result in the following outcomes which are consistent with the Vision and Strategy:

Cessation of operational discharges of Separated Geothermal Water (“SGW”) to the Wairākei Stream and the Waikato River by 30 June 2026 at the latest; and

Cessation of the discharge of geothermal condensate to the Waikato River by 30 June 2031 at the latest (as part of shutting down the Wairākei A and B Power Stations).

The proposed expansion of Te Mihi Power Station will be undertaken in a manner that has no adverse effect on the Waikato River. The site is approximately 5 km to the west of the Waikato River. Earthworks will be managed to ensure that there is no sediment laden runoff to surface waterbodies.

On the basis of the above, it is concluded that the proposed expansion of Te Mihi Power Station is consistent with the Vision and Strategy.

3. NATIONAL POLICY STATEMENTS The National Policy Statements (“NPS”) of relevance2 to the Te Mihi Power Station expansion application by Contact are:

NPS for Renewable Electricity Generation 2011; and

NPS on Electricity Transmission 2008.

These are discussed as follows.

3.1 NATIONAL POLICY STATEMENT FOR RENEWABLE ELECTRICITY GENERATION The NPS for Renewable Electricity Generation (“NPS-REG”) came into effect in April 2011. The NPS-REG sets out an objective and policies to enable the sustainable development of renewable electricity generation under the RMA. The objective and relevant polices are as follows:

The Objective of the NPS-REG is:

“To recognise the national significance of renewable electricity generation activities by providing for the development, operation, maintenance and upgrading of new and existing renewable electricity generation activities, such that the proportion of New Zealand’s electricity generated from renewable energy sources increases to a level that meets or exceeds the New Zealand Government’s national target for renewable electricity generation.”

2 Having regard to Policy 1 of the New Zealand Coastal Policy Statement (NZCPS) “Extent and Characteristics of the Coastal Environment”, the Wairākei site is not within the coastal environment, and, although the Waikato River ultimately flows to the sea, the distance from the coastal area and the very low proportional contribution of contaminants from the site to the River, all mean that the NZCPS is not relevant to an assessment of these applications.

The New Zealand Energy Strategy 2011–20213 states:

“The Government retains the target that 90 percent of electricity generation be from renewable sources by 2025 (in an average hydrological year) providing this does not affect security of supply.”

The Government has also signalled a commitment to reach 100% renewable electricity by 2035.4

Policy groups and related policies of the NPS-REG that are relevant to this application are:

Recognising the benefits of renewable electricity generation activities

POLICY A

Decision-makers shall recognise and provide for the national significance of renewable electricity generation activities, including the national, regional and local benefits relevant to renewable electricity generation activities. These benefits include, but are not limited to:

(a) maintaining or increasing electricity generation capacity while avoiding, reducing or displacing greenhouse gas emissions;

(b) maintaining or increasing security of electricity supply at local, regional and national levels by diversifying the type and/or location of electricity generation;

(d) the reversibility of the adverse effects on the environment of some renewable electricity generation technologies;

(e) avoiding reliance on imported fuels for the purposes of generating electricity.

Acknowledging the practical implications of achieving New Zealand’s target for electricity generation from renewable resources

POLICY B

Decision-makers shall have particular regard to the following matters:

(a) maintenance of the generation output of existing renewable electricity generation activities can require protection of the assets, operational capacity and continued availability of the renewable energy resource; and

(b) even minor reductions in the generation output of existing renewable electricity generation activities can cumulatively have significant adverse effects on national, regional and local renewable electricity generation output; and

3 https://www.mbie.govt.nz/dmsdocument/142-nz-energy-strategy-lr- pdf#:~:text=Renewable%20electricity%20generation%20target,renewable%20resources%20for%20electricity%20 generation.

4 The Government's commitment to a low emissions future has been consistently stated. The confidence and supply agreement between Labour and the Green Party requires the development of a plan for 100% of New Zealand's electricity generation to come from renewable resources by 2035. This target was reiterated by Ms Ardern, in her address to the United Nations General Assembly, where she spoke of New Zealand's ambitious plans to tackle climate change and the country's goal of 100% REG by 2035.

(c) meeting or exceeding the New Zealand Government’s national target for the generation of electricity from renewable resources will require the significant development of renewable electricity generation activities.

Acknowledging the practical constraints associated with the development, operation, maintenance and upgrading of new and existing renewable electricity generation activities

POLICY C1

Decision-makers shall have particular regard to the following matters:

(a) the need to locate the renewable electricity generation activity where the renewable energy resource is available;

(b) logistical or technical practicalities associated with developing, upgrading, operating or maintaining the renewable electricity generation activity;

(c) the location of existing structures and infrastructure including, but not limited to, roads, navigation and telecommunication structures and facilities, the distribution network and the national grid in relation to the renewable electricity generation activity, and the need to connect renewable electricity generation activity to the national grid;

(d) designing measures which allow operational requirements to complement and provide for mitigation opportunities; and

(e) adaptive management measures.

POLICY C2

When considering any residual environmental effects of renewable electricity generation activities that cannot be avoided, remedied or mitigated, decision-makers shall have regard to offsetting measures or environmental compensation including measures or compensation which benefit the local environment and community affected.

POLICY E4

Regional policy statements and regional and district plans shall include objectives, policies, and methods (including rules within plans) to provide for the development, operation, maintenance, and upgrading of new and existing electricity generation activities using geothermal resources to the extent applicable to the region or district

Policy A of the NPS-REG lists a number of benefits associated with renewable electricity generation, many of which are consistent with the anticipated benefits associated with the proposed expansion of Te Mihi Power Station. The proposal will make a further contribution towards meeting the Government’s renewable energy targets, providing this does not affect security of supply.

Under Policy B, decision makers are required to have particular regard to addressing the Government’s renewable electricity targets.

There are a number of practical constraints associated with renewable electricity generation, that Policy C1 seeks to recognise. A primary constraint is the need to develop renewable electricity generation activities where the resource is located. This is certainly the case in relation to the proposed expansion of Te Mihi Power Station.

The Economic Benefit Assessment (see Appendix 5) discusses the economic benefits associated with renewable electricity generation including the proposed expansion of Te Mihi Power Station. It concludes that GeoFuture (of which the expansion of Te Mihi Power Station is the largest component), will generate sufficient power to meet the energy needs of around 207,000 households – a net increase of 70,000 households compared to the Wairākei A and B plant with only a modest (around 2%) increase in geothermal fluid take because the GeoFuture plant would be much more efficient in energy conversion than the Wairākei A and B stations.

As discussed in the AEE, and detailed in the appended supporting reports, all actual and potential adverse effects of the Te Mihi power station expansion application have been appropriately avoided, remedied and mitigated such that they are minor or less than minor.

In accordance with policy E4 the Waikato RPS, regional plan and Taupō District Plan includes objectives, policies, and methods (including rules) to provide for the development, operation, maintenance, and upgrading of new and existing electricity generation activities using geothermal resources. These planning provisions are discussed below.

3.2 NATIONAL POLICY STATEMENT ON ELECTRICITY TRANSMISSION The National Policy Statement on Electricity Transmission 2008 (“NPS-ET”) sets out the objectives and policies for managing the electricity transmission network under the RMA. It does not refer to any individual transmission network projects but, it forms part of the overall policy framework and contains policies that will need to be taken into account by councils when individual projects are considered under the RMA. The NPS-ET came into effect in April 2008.

The objective of the NPS-ET is:

To recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network and the establishment of new transmission resources to meet the needs of present and future generations, while:

• managing the adverse environmental effects of the network; and • managing the adverse effects of other activities on the network.

The NPS-ET includes the following policies that are relevant to the proposed section of 220 kV transmission line associated with the expansion of Te Mihi Power Station.

Recognition of the national benefits of transmission

POLICY 1

In achieving the purpose of the Act, decision-makers must recognise and provide for the national, regional and local benefits of sustainable, secure and efficient electricity

6 transmission. The benefits relevant to any particular project or development of the electricity transmission network may include: i. maintained or improved security of supply of electricity; or ii. efficient transfer of energy through a reduction of transmission losses; or iii. the facilitation of the use and development of new electricity generation, including renewable generation which assists in the management of the effects of climate change; or iv. enhanced supply of electricity through the removal of points of congestion.

The above list of benefits is not intended to be exhaustive and a particular policy, plan, project or development may have or recognise other benefits.

Managing the environmental effects of transmission

POLICY 2

In achieving the purpose of the Act, decision-makers must recognise and provide for the effective operation, maintenance, upgrading and development of the electricity transmission network.

POLICY 3

When considering measures to avoid, remedy or mitigate adverse environmental effects of transmission activities, decision-makers must consider the constraints imposed on achieving those measures by the technical and operational requirements of the network.

POLICY 4

When considering the environmental effects of new transmission infrastructure or major upgrades of existing transmission infrastructure, decision-makers must have regard to the extent to which any adverse effects have been avoided, remedied or mitigated by the route, site and method selection.

POLICY 5

When considering the environmental effects of transmission activities associated with transmission assets, decision-makers must enable the reasonable operational, maintenance and minor upgrade requirements of established electricity transmission assets.

POLICY 6

Substantial upgrades of transmission infrastructure should be used as an opportunity to reduce existing adverse effects of transmission including such effects on sensitive activities where appropriate.

POLICY 7

Planning and development of the transmission system should minimise adverse effects on urban amenity and avoid adverse effects on town centres and areas of high recreational value or amenity and existing sensitive activities.

POLICY 8

In rural environments, planning and development of the transmission system should seek to avoid adverse effects on outstanding natural landscapes, areas of high natural character and areas of high recreation value and amenity and existing sensitive activities.

POLICY 9

Provisions dealing with electric and magnetic fields associated with the electricity transmission network must be based on the International Commission on Non-ioninsing Radiation Protection Guidelines for limiting exposure to time varying electric magnetic fields (up to 300 GHz) (Health Physics, 1998, 74(4): 494-522) and recommendations from the World Health Organisation monograph Environment Health Criteria (No 238, June 2007) or revisions thereof and any applicable New Zealand standards or national environmental standards.

The proposed section of 220 kV transmission line associated with the expansion of Te Mihi Power Station is entirely consistent with the objective and policies in the NPS-ET set out above. The transmission line will enable electricity to be efficiently conveyed from the new generation unit(s) to the existing switchyard which is connected to the National Grid. Based on the conclusions reached in the Landscape and Visual Assessment (see Appendix 6), it will do so in a manner that does not give rise to any adverse effects on the amenity of the environment in which it is located, or the wider area.

4. NATIONAL ENVIRONMENTAL STANDARDS / REGULATIONS

4.1 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (“NES-CS”) provides a nationally consistent set of planning controls and soil values to ensure that land that has been affected by contaminants is appropriately identified and assessed before any development occurs. Where necessary, the NES-CS provides guidance for remediation or containment of contaminants to make the land safe for human use.

The policy objective of the NES-CS is to ensure contaminated land is appropriately identified and assessed when soil disturbance and/or land development activities take place and, if necessary, remediated, or the contaminants contained, to make the land safe for human use.

The NES-CS also provides rules for undertaking activities on sites that are included within the Hazardous Activities and Industries List (“HAIL”) list. The NES-CS applies to the piece of land on which hazardous activities have been undertaken, rather than the whole property parcel. If the hazardous activity occurred on only part of the property parcel, then that is the piece of land to which the NES-CS applies. If any potential site(s) for new generation currently has, or historically has had, an activity or industry undertaken on the HAIL site, then a land use consent may be triggered under the NES-CS (e.g. for associated earthworks).

The NES-CS has been addressed in Sections 4.1.6 and 13 of the AEE. On the basis of the analysis presented in Section 13 of the AEE, it is concluded that the proposed expansion of

Te Mihi Power Station will be undertaken in a manner that is consistent with the intent of the NES-CS.

4.2 OTHER REGULATIONS Apart from the above, there are no ‘other regulations’ relevant to the land use applications for the proposed expansion of Te Mihi Power Station.

5. WAIKATO REGIONAL POLICY STATEMENT The Waikato Regional Policy Statement (“RPS”) was made operative on 20 May 2016.

5.1 RPS ISSUES The RPS sets out six regionally significant resource management issues and/or issues of significance to iwi authorities of the region as follows:

Issue 1.1 – State of Resources

Issue 1.2 – Effects of Climate Change

Issue 1.3 – Providing for Energy Demand

Issue 1.4 – Managing the Built Environment

Issue 1.5 – Relationship of Tangata Whenua with the Environment (Te Taiao)

Issue 1.6 – Health and Wellbeing of the Waikato River Catchment

All of these issues are, to varying degrees, relevant to the proposed expansion of Te Mihi Power Station. The objectives and policies in the RPS that seek to address these issues are presented below along with an analysis of the proposed activities in relation to those objectives and policies.

5.2 RPS OBJECTIVES AND POLICIES The RPS sets out 26 objectives to address the issues identified in the RPS. The objectives identify the desired end state of the region’s natural and physical resources. The introduction to the RPS provides that in many instances the desired end state are enduring targets and will take longer than the life of the RPS to be achieved. Achievement will be through the actions identified as policies and methods in Part B (Sections 4 to 14 of the RPS).

The most relevant objectives and policies, and an analysis of the proposed activities in relation to those objectives and policies, are presented as follows (in the order in which they appear in the RPS): .

5.2.1 Resource Use and Development/Energy

Objective 3.2 - Resource Use and Development Recognise and provide for the role of sustainable resource use and development and its benefits in enabling people and communities to provide for their economic, social and cultural wellbeing, including by maintaining and where appropriate enhancing: a) access to natural and physical resources to provide for regionally significant industry and primary production activities that support such industry;

b) the life supporting capacity of soils, water and ecosystems to support primary production activities;

c) the availability of energy resources for electricity generation and for electricity generation activities to locate where the energy resource exists; d) access to the significant mineral resources of the region; and e) the availability of water for municipal and domestic supply to people and communities. Policy 4.4 - Regionally Significant Industry and Primary Production The management of natural and physical resources provides for the continued operation and development of regionally significant industry and primary production activities by: a) recognising the value and long-term benefits of regionally significant industry to economic, social and cultural wellbeing; b) recognising the value and long-term benefits of primary production activities which support regionally significant industry;

c) ensuring the adverse effects of regionally significant industry and primary production are avoided, remedied or mitigated; d) co-ordinating infrastructure and service provision at a scale appropriate to the activities likely to be undertaken; e) maintaining and where appropriate enhancing access to natural and physical resources, while balancing the competing demand for these resources; f) avoiding or minimising the potential for reverse sensitivity; and g) promoting positive environmental outcomes.

The proposed expansion of Te Mihi Power Station is entirely consistent with the objective and policy above. The Wairākei Geothermal Power Scheme, including Te Mihi Power Station, is an example of a regionally significant industry, seeking access to natural resources to facilitate the ongoing operation of activities which, enable people and communities to provide for their economic, social and cultural wellbeing. The economic benefits associated with the ongoing operation of the Wairākei Geothermal Power Scheme, including the expansion of Te Mihi Power Station, of relevance to the objectives and policies above, are quantified in the Economic Benefit Assessment (see Appendix 5).

5.2.2 Vision and Strategy for the Waikato River

Objective 3.4 - Health and wellbeing of the Waikato River The health and wellbeing of the Waikato River is restored and protected and Te Ture Whaimana o Te Awa o Waikato (the Vision and Strategy for the Waikato River) is achieved.

As reflected in Objective 3.4 above, the key aspect of the RPS which, is intended to address Issue 1.6 above, is the Vision and Strategy for the Waikato River. This is addressed in Section 2 of the RPS and discussed fully in Section 2 of this Appendix. In summary, the cessation of operational discharges of SGW and geothermal condensate to the Waikato River as a result of GeoFuture, including the expansion of Te Mihi Power Station (facilitating the closure of the Wairākei A and B Power Stations), will “give effect” to the direction of the Vision and Strategy.

5.2.3 Energy

Objective 3.5 – Energy

Energy use is managed, and electricity generation and transmission is operated, maintained, developed and upgraded, in a way that:

a. increases efficiency;

b. recognises any increasing demand for energy;

c. seeks opportunities to minimise demand for energy;

d. recognises and provides for the national significance of electricity transmission and renewable electricity generation activities;

e. recognises and provides for the national, regional and local benefits of electricity transmission and renewable electricity generation;

f. reduces reliance on fossil fuels over time;

g. addresses adverse effects on natural and physical resources;

h. recognises the technical and operational constraints of the electricity transmission network and electricity generation activities; and

i. recognises the contribution of existing and future electricity transmission and electricity generation activities to regional and national energy needs and security of supply.

The proposed expansion of Te Mihi Power Station is entirely consistent with Objective 3.5 above. It will be a new efficient generation plant using a renewable source of energy, reducing reliance on fossil fuels, and will enhance security of supply.

5.2.4 Ecosystem Services

Objective 3.8 - Ecosystem Services The range of ecosystem services associated with natural resources are recognised and maintained or enhanced to enable their ongoing contribution to regional wellbeing.

Contact recognises the functions of the Waikato River in terms of providing ecosystem services. Geofuture, including the proposed expansion of Te Mihi Power Station which, will facilitate the closure of the Wairākei A and B Power Stations, will result in the cessation of operational discharges of SGW and geothermal condensate to the Waikato River.

5.2.5 Tangata Whenua

Objective 3.9 - Relationship of Tangata Whenua with the Environment The relationship of tangata whenua with the environment is recognised and provided for, including: a) the use and enjoyment of natural and physical resources in accordance with tikanga Māori, including Mātauranga Māori; and

b) the role of tangata whenua as kaitiaki.

Contact recognises the special status of tangata whenua and the relationship they have with the environment. Contact also recognises that the Wairākei Geothermal Power Scheme is dependent on the use of resources that have spiritual and cultural significance to tangata whenua.

Contact has sought to provide for the relationship of tangata whenua with the environment and their ability to exercise their role as kaitiaki through extensive consultation. This consultation has covered all the components and actual and potential effects of Geofuture, including the Te Mihi Power Station expansion. Contact has sought to provide an opportunity for tangata whenua to identify any issues and concerns they may have. This consultation will continue throughout the Geofuture consenting process, including for the Te Mihi power station, as well as the regional council consenting process which, Contact understands is the focus for tangata whenua. Following the grant of consent, Contact will keep tangata whenua informed as to the progress and explore ways to provide for a kaitiaki role during construction.

5.2.6 Sustainable and Efficient Use of Resources

Objective 3.10 - Sustainable and Efficient Use of Resources Use and development of natural and physical resources, excluding minerals, occurs in a way and at a rate that is sustainable, and where the use and development of all natural and physical resources is efficient and minimises the generation of waste.

The proposed activities will be undertaken in a manner that is consistent with Objective 3.10. Contact places great emphasis on the efficient and sustainable use of resources as part of the management of all its sites, including the Wairākei Geothermal Power Scheme.

5.2.7 Air Quality

Objective 3.11 - Air Quality Air quality is managed in a way that: a) ensures that where air quality is better than national environmental standards and guidelines for ambient air, any degradation is as low as reasonably achievable;

b) avoids unacceptable risks to human health and ecosystems, with high priority placed on achieving compliance with national environmental standards and guidelines for ambient air; and c) avoids, where practicable, adverse effects on local amenity values and people’s wellbeing including from discharges of particulate matter, smoke, odour, dust and agrichemicals, recognising that it is appropriate that some areas will have a different amenity level to others.

Policy 5.1 - Improve Degraded Air Quality Reduce the adverse effects on air quality caused by cumulative, diffuse, broad scale or multiple discharges from home heating appliances and transport, with particular emphasis on: a) discharges of fine particulate matter; and

b) areas where there are unacceptable risks to human health and ecosystems.

Policy 5.2 - Manage Discharges to Air

Manage discharges to air (other than from home heating or transport) to ensure any resulting degradation avoids unacceptable risks to human health, and is as low as reasonably achievable. In determining whether any degradation is as low as reasonably achievable, the following will be taken into account:

a) existing air quality;

b) the age of and ability to upgrade existing infrastructure; c) any alternative modes/methods of discharge; d) applicable emission control techniques; e) the extent to which it is possible to apply the best practicable option; f) the relative effects on the environment of the options; g) economic and social factors; h) managing discharges to air where there is high or good air quality; i) national environmental standards and guidelines for ambient air; and j) the duration of the discharge and whether the discharge is temporary or short- term.

Policy 5.3 - Manage Adverse Effects on Amenity

Ensure discharges to air are managed so as to avoid, remedy or mitigate objectionable effects beyond the property boundary. Contact will lodge an application for an Air Discharge Permit with the Waikato Regional Council (“WRC”) at a later date which will address the objective and policies in the RPS concerning air quality as set out above. Dust will be managed during construction activities in a manner that is consistent with the objective and policies above. For example, although sensitive receptors are a significant distance from primary earthworks operations and from traffic travelling on unsealed gravel roads, appropriate dust suppression measures on exposed earthwork areas and unsealed roads would be implemented.

5.2.8 Built Environment

Objective 3.12 - Built Environment

Development of the built environment (including transport and other infrastructure) and associated land use occurs in an integrated, sustainable and planned manner which enables positive environmental, social, cultural and economic outcomes, including by: a) promoting positive indigenous biodiversity outcomes; b) preserving and protecting natural character, and protecting outstanding natural features and landscapes from inappropriate subdivision, use, and development; c) integrating land use and infrastructure planning, including by ensuring that development of the built environment does not compromise the safe, efficient and effective operation of infrastructure corridors; d) integrating land use and water planning, including to ensure that sufficient water is available to support future planned growth; e) recognising and protecting the value and long-term benefits of regionally significant infrastructure; f) protecting access to identified significant mineral resources; g) minimising land use conflicts, including minimising potential for reverse sensitivity; h) anticipating and responding to changing land use pressures outside the Waikato region which may impact on the built environment within the region; i) providing for the development, operation, maintenance and upgrading of new

and existing electricity transmission and renewable electricity generation activities including small and community scale generation;

j) promoting a viable and vibrant central business district in Hamilton city, with a supporting network of sub-regional and town centres; and k) providing for a range of commercial development to support the social and economic wellbeing of the region.

Policy 6.6 - Significant Infrastructure and Energy Resources Management of the built environment ensures particular regard is given to: a) that the effectiveness and efficiency of existing and planned regionally significant infrastructure is protected; b) the benefits that can be gained from the development and use of regionally significant infrastructure and energy resources, recognising and providing for the particular benefits of renewable electricity generation, electricity transmission, and municipal water supply; and c) the locational and technical practicalities associated with renewable electricity generation and the technical and operational requirements of the electricity transmission network.

The built environment policies specifically seek to protect regionally significant infrastructure and industry – both existing and planned, and to ensure that regard is given to the benefits that can be gained from the development and use of regionally significant infrastructure and energy resources. In accordance with these policies, the existing infrastructure and activities carried out at Wairākei, and the application for an expansion of Te Mihi Power Station, are to be afforded a level of recognition and protection under the RPS that is greater than other types of infrastructure and activities.

On that basis, Contact’s application for an expansion of Te Mihi Power Station is consistent with the above objective and policies in the RPS relating to the built environment.

5.2.9 Fresh Water Bodies

Objective 3.14 - Mauri and Values of Fresh Water Bodies Maintain or enhance the mauri and identified values of freshwater bodies including by: a) maintaining or enhancing the overall quality of freshwater within the region; b) safeguarding ecosystem processes and indigenous species habitats; c) safeguarding the outstanding values of identified outstanding freshwater bodies and the significant values of wetlands; d) safeguarding and improving the life supporting capacity of freshwater bodies where they have been degraded as a result of human activities, with demonstrable progress made by 2030;

e) establishing objectives, limits and targets, for freshwater bodies that will determine how they will be managed; f) enabling people to provide for their social, economic and cultural wellbeing and for their health and safety; g) recognising that there will be variable management responses required for different catchments of the region; and h) recognising the interrelationship between land use, water quality and water

quantity.

The proposed expansion of Te Mihi Power Station will have no adverse effects on fresh water bodies and is therefore consistent with Objective 3.14. The proposal will facilitate the closure of the Wairākei A and B Power Stations which, will result in the cessation of operational SGW discharges and geothermal condensate discharges to the Waikato River.

5.2.10 Geothermal Resources Objective 3.17 Geothermal Sustainable management of the Regional Geothermal Resource is promoted by: a. ensuring integrated management of geothermal systems; b. allocating some of the geothermal resource for take, use and discharge in a way that enables current energy needs and the reasonably foreseeable energy needs of future generations to be met, while avoiding, remedying or mitigating significant adverse effects on the Regional Geothermal Resource; and c. protecting some characteristics of the Regional Geothermal Resource from significant adverse effects.

Policy 9.1 Sustainable management of the Regional Geothermal Resource

Sustainably manage the Regional Geothermal Resource in a way that provides for multiple uses and the extent and variety of the region’s geothermal features including by: a. classifying geothermal systems for management based upon: i. system size; ii. the vulnerability of Significant Geothermal Features to extractive uses; and iii. existing uses; b. managing the effects of development and use of land and non-geothermal water on the Regional Geothermal Resource; and c. allocating some of the Regional Geothermal Resource for protection and some for take, use and discharge.

In accordance with Policy 9.1, the Wairākei-Tauhara Geothermal system has been classified a Development Geothermal System in the Waikato Regional Plan (this is discussed further in the next section of this Appendix).

Policy 9.2 Significant Geothermal Features

Recognise that some geothermal features are significant and provide the appropriate level of protection for these features within different geothermal systems.

In accordance with Policy 9.2, WRC has identified and mapped a number of Significant Geothermal Features (“SGF”) associated with the Wairākei-Tauhara Geothermal System. No SGFs will be adversely affected by the proposed expansion of Te Mihi Power Station.

Policy 9.3 Development Geothermal Systems

Development Geothermal Systems shall be managed in a way that enables large-scale use and development of geothermal energy and water and:

a. promotes efficient use of the geothermal resource;

b. recognises and allows for controlled depletion of energy so as to provide for the energy needs of current and future generations; c. takes an integrated management approach, including through: i. the development of a System Management Plan for each Development Geothermal System; ii. establishing a peer review panel for the purpose of assisting the consent authority to manage the system; and iii. the development and imposition of appropriate resource consent conditions; d. requires reinjection/injection of the geothermal water from large-scale takes remaining after use; e. provides for small and medium-scale use and development that is not inconsistent with any approved system management plan; and f. avoids, remedies, or mitigates adverse effects on other natural and physical resources including overlying structures.

The matters addressed in Policy 9.3 will be addressed in the context of Contact’s applications to WRC at a later date. For present purposes, the proposed expansion of Te Mihi Power Station is an activity that is anticipated and provided for on a Development Geothermal System.

5.2.11 Historic and Cultural Heritage

Objective 3.18 - Historic and Cultural Heritage Sites, structures, landscapes, areas or places of historic and cultural heritage are protected, maintained or enhanced in order to retain the identity and integrity of the Waikato region’s and New Zealand’s history and culture.

Policy 10.1 - Managing Historic and Cultural Heritage Provide for the collaborative, consistent and integrated management of historic and cultural heritage resources. Improve understanding, information sharing and cooperative planning to manage or protect heritage resources across the region.

Policy 10.2 - Relationship of Māori to Taonga Recognise and provide for the relationship of tangata whenua and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga.

Policy 10.3 - Effects of Development on Historic and Cultural Heritage

Manage subdivision, use and development to give recognition to historic and cultural heritage and to integrate it with development where appropriate.

During future construction activities, if archaeological remains are identified, works will stop in the area and the finds will be recorded and removed by the Archaeologist. If significant finds, taonga (Māori artefacts) or kōiwi tangata (human remains) are identified, special procedures will be followed. Contact will comply with the Cultural/Archaeological sites Protocol to be provided for by way of a condition of consent.

The Vision and Strategy is directly relevant to the achievement of Policy 10.2 above. The manner in which Contact’s activities on the Wairākei Field address the Vision and Strategy, are discussed in Section 2 of this Appendix.

5.2.12 Biodiversity

Objective 3.18 - Ecological Integrity and Indigenous Biodiversity The full range of ecosystem types, their extent and the indigenous biodiversity that those ecosystems can support exist in a healthy and functional state.

Policy 11.1 - Maintain or Enhance Indigenous Biodiversity Promote positive indigenous biodiversity outcomes to maintain the full range of ecosystem types and maintain or enhance their spatial extent as necessary to achieve healthy ecological functioning of ecosystems, with a particular focus on: a) working towards achieving no net loss of indigenous biodiversity at a regional scale; b) the continued functioning of ecological processes; c) the re-creation and restoration of habitats and connectivity between habitats;

d) supporting (buffering and/or linking) ecosystems, habitats and areas identified as significant indigenous vegetation and significant habitats of indigenous fauna; e) providing ecosystem services; f) the health and wellbeing of the Waikato River and its catchment; g) contribution to natural character and amenity values; h) tangata whenua relationships with indigenous biodiversity including their holistic view of ecosystems and the environment; i) managing the density, range and viability of indigenous flora and fauna; and j) the consideration and application of biodiversity offsets.

Policy 11.2 - Protect significant indigenous vegetation and significant habitats of indigenous fauna

Significant indigenous vegetation and the significant habitats of indigenous fauna shall be protected by ensuring the characteristics that contribute to its significance are not adversely affected to the extent that the significance of the vegetation or habitat is reduced.

No areas of significant indigenous vegetation or significant habitats of indigenous fauna will be adversely affected by the proposed expansion of Te Mihi Power Station (see Section 15 of the AEE).

5.2.13 Amenity

Objective 3.21 - Amenity The qualities and characteristics of areas and features, valued for their contribution to amenity, are maintained or enhanced. The reports prepared in relation to landscape and visual effects, noise, and traffic demonstrate that the proposed expansion of Te Mihi Power Station will not have any adverse effects on the amenity of the Te Mihi / Oruanui area (See sections 7-9 of the AEE).

5.2.14 Natural Character

Objective 3.22 - Natural Character

The natural character of the coastal environment, wetlands, and lakes and rivers and their margins are protected from the adverse effects of inappropriate subdivision, use and development.

Policy 12.1 Outstanding natural features and landscapes

Identified values and characteristics of outstanding natural features and landscapes (including seascapes) of regional or district significance are protected from adverse effects, including cumulative effects, arising from inappropriate subdivision, use and development.

Policy 12.2 Preserve natural character

Ensure that activities within the coastal environment, wetlands, and lakes and rivers and their margins are appropriate in relation to the level of natural character and:

a. where natural character is pristine or outstanding, activities should avoid adverse effects on natural character;

b. where natural elements/influences are dominant, activities should avoid significant adverse effects and avoid, remedy or mitigate other adverse effects on natural character;

c. where man-made elements/influences are dominant, it may be appropriate that activities result in further adverse effects on natural character, though opportunities to remedy or mitigate adverse effects should still be considered;

d. promote the enhancement, restoration, and rehabilitation of the natural character of the coastal environment, wetlands and lakes and rivers and their margins; and

e. regard is given to the functional necessity of activities being located in or near the coastal environment, wetlands, lakes, or rivers and their margins where no reasonably practicable alternative locations exist.

The proposed expansion of Te Mihi Power Station is not located in an area recognised as having outstanding natural features or landscape values. Due to its location, the proposed expansion of Te Mihi Power Station will not adversely affect the natural character and landscapes of the Te Mihi area, such that the expansion is consistent with the objective and policies above. The Landscape and Visual Assessment (Appendix 6) concludes that there will be no, or very low, that is less than minor, landscape and visual effects (depending on which option is constructed) (see section 7 of the AEE).

5.2.15 Natural Hazards

Objective 3.24 Natural hazards

The effects of natural hazards on people, property and the environment are managed by: a. increasing community resilience to hazard risks; b. reducing the risks from hazards to acceptable or tolerable levels; and c. enabling the effective and efficient response and recovery from natural hazard events.

Policy 13.1 Natural hazard risk management approach

Natural hazard risks are managed using an integrated and holistic approach that:

a. ensures the risk from natural hazards does not exceed an acceptable level; b. protects health and safety; c. avoids the creation of new intolerable risk; d. Reduces intolerable risk to tolerable or acceptable levels; e. enhances community resilience; f. is aligned with civil defence approaches; g. prefers the use of natural features over man-made structures as defences against natural hazards; h. recognises natural systems and takes a ‘whole of system’ approach; and i. seeks to use the best available information/best practice.

Policy 13.2 Manage activities to reduce the risks from natural hazards

Subdivision, use and development are managed to reduce the risks from natural hazards to an acceptable or tolerable level including by:

a. ensuring risk is assessed for proposed activities on land subject to natural hazards; b. reducing the risks associated with existing use and development where these risks are intolerable; c. avoiding intolerable risk in any new use or development in areas subject to natural hazards; d. minimising any increase in vulnerability due to residual risk; e. avoiding the need or demand for new structural protection works; and f. discouraging hard protection structures and promoting the use of alternatives to them, including natural defences in the coastal environment.

Policy 13.3 High impact, low probability natural hazard events

The risks associated with high impact, low probability natural hazard events such as tsunami, volcanic eruptions, earthquakes and debris flows are considered, having particular regard to:

a. personal health and safety; b. damage and/or disruption to essential community services; c. the ability of a community to respond and recover; and d. civil defence readiness, response and recovery planning.

There are fault lines and a Hot Ground Hazard Area within the Land Use Consent Area.

Contact has positioned the proposed activities associated with the expansion of Te Mihi Power Station to avoid the fault lines.

An assessment of the Hot Ground Hazard Area has been undertaken (see Appendix 4) and is discussed in Section 13.2 of the AEE. Investigations prior to construction will be undertaken to confirm that the design of any buildings and structures within the Hot Ground Hazard Area can avoid or mitigate any adverse geothermal effects (see section 13 of the AEE).

6. WAIKATO REGIONAL PLAN The Waikato Regional Plan (“WRP”) is not relevant to the assessment of an application for a Land Use Consent under the provisions of the Taupō District Plan and the NES-CS. The provisions of the WRP will be relevant to the applications that Contact lodges with WRC at a later date. The following aspect of the WRP (in relation to the management of geothermal resources) is briefly discussed to provide context for the application to TDC for an expansion of Te Mihi Power Station.

The geothermal module within the WRP is intended to expand upon the issues, objectives, and policies in the RPS and provide clear direction in terms of regional council functions for addressing those resource management issues.

In accordance with the policies and methods in the RPS, the Wairākei-Tauhara Geothermal System is classified as a Development Geothermal System, where the take, use and discharge of geothermal energy and water will be allowed while:

remedying or mitigating significant adverse effects on Significant Geothermal Features; and

avoiding, remedying or mitigating adverse effects on other natural and physical resources, including overlying structures (the built environment).

Table 7-1 of the WRP confirms Wairākei-Tauhara Geothermal System is classified as a Development Geothermal because:

The system is already subject to large scale energy use and development;

Existing surface features are significantly impaired by legally established large takes; and

There is no evidence of a flow of subsurface geothermal fluid to or from a Protected Geothermal System.

7. TAUPŌ DISTRICT PLAN Under the RMA, the Taupō District Council regulates the use of land by way of rules in the Taupō District Plan (“TDP”). The TDP is relevant when considering the use of land, and associated activities, in relation to proposed expansion of Te Mihi Power Station.

As previously noted, the location of the proposed expansion of the Te Mihi Power Station is mostly within the Rural Environment of the TDP and partially within the Industrial Environment. Accordingly, the following discusses objectives and policies relevant to both the Rural and Industrial Environments. Other relevant sections of the TDP are also discussed.

7.1 RURAL ENVIRONMENT The Introduction section of the TDP relating to the Rural Environment identifies the “generation and transmission of electricity” as a key aspect of the Rural Environment. The following objectives and policies are relevant to the proposed expansion of Te Mihi Power Station:

Objective 3b.2.1

The management of the Rural Environment to maintain and enhance rural amenity and character.

Policies: i. Maintain and enhance the amenity and character of the Rural Environment by providing land use performance standards and subdivision rules to manage the scale and density of development. ii. Avoid urban development in the Rural Environment unless through a TD2050 Structure Plan Process and associated plan change. iii. Maintain the open space and dispersed building character. iv. Provide for a range of productive land use activities within the Rural Environment while ensuring any adverse effects are avoided, remedied or mitigated. v. Protect the District’s lakes and river margins from buildings that are visually obtrusive and/or result in a decline of the amenity of the margin area. vi. Avoid, remedy or mitigate adverse effects of subdivision, use and development of land on areas or features of cultural, historical, landscape or ecological value. vii. Recognise and provide for Infrastructure and Network Utilities in the Rural Environment, while ensuring any adverse effects on or arising from them are avoided, remedied or mitigated as far as practicable. viii. Recognise that the Rural Environment encompasses a range of landscape characteristics, amenity values and land use patterns and activities when considering the appropriateness of development within the zone.

The explanation to the above objective and policies states (in part):

“Policy iv seeks to maintain productive land use activities that make up a significant portion of the overall Rural Environment and it acknowledges that there are many different forms of productive land use. While general farming and forestry activity covers most of the rural area not in conservation reserve or national park, other industrial type activities such as electricity generation facilities and quarrying provide a diverse range of established land use in the rural area. … This policy recognises that the Rural Environment contains a wide range of resources that require the location of activities close to the resource. This means that there are many established activities that are not necessarily traditionally rural by nature, and rural amenity and character will vary in particular localities.” (emphasis added)

Objective 3b.2.4

The efficient and effective functioning of the Rural Environment by enabling the use and development of natural and physical resources, while ensuring appropriate environmental outcomes are achieved.

Policies: i. Control activities which may potentially restrict or compromise the operation of existing activities of the Rural Environment including the creation of new rural allotments that may lead to conflict between residential and rural activity. ii. Require potentially sensitive activities to provide mitigation methods to protect them from the effects of existing activities within the Rural Environment, in order to avoid the potential effects of reverse sensitivity.

iii. Avoid subdivision and development of rural land that will put pressure on rural infrastructure and may require an increase in the level of service now or in the future. iv. Avoid creating a pattern of fragmented titles that reduces the potential for rural land use diversity. v. To recognise the important role of resource use and development in the Rural Environment, by providing for the continued operation and associated development of existing electricity generation facilities and network utilities by allowing their use, maintenance and minor upgrading where all additional significant adverse effects are avoided, remedied or mitigated. (emphasis added)

The proposed expansion of Te Mihi Power Station is consistent with the objectives and policies above. The TDP recognises that electricity generation and transmission activities are a significant and important part of the Rural Environment in the Taupō District. There are 11 geothermal power stations (and one more currently under construction) and at least 10 hydro- electric power stations in the Taupō District.

The objectives and policies seek to enable electricity generation (and transmission) activities in the Rural Environment while ensuring that any significant environmental effects of those activities are appropriately avoided, remedied or mitigated. The expansion of Te Mihi Power Station has been advanced in a manner that achieves those outcomes. The reports prepared by various technical experts confirm that the current proposal will result in:

No, or very low, that is less than minor, landscape and visual effects (depended on which option is constructed);

Compliance with the relevant noise limits specified in the Taupō District Plan;

Construction traffic being managed to ensure the safety and efficiency of the roading network is maintained;

No adverse effects on any recorded or known archaeological sites (and a set of cultural / archaeological protocols in relation to any accidental discovery provided for as a condition of consent);

No adverse effects on identified culturally significant sites in the Te Mihi / Wairākei area;

The storage and use of hazardous substances in accordance with relevant legislation, regulations and environmental best practice to minimise any risk to human health and the environment;

No adverse effects in relation to contaminated soils (none being present or otherwise being appropriately managed if discovered during construction);

Fault lines avoided and any hot ground not posing problems in relation to the construction of any of the proposed power station options on Site THI B;

Construction activities, including earthworks, being managed to avoid any dust or silt nuisance beyond the site; and

No adverse effects on terrestrial ecology, streams or thermotolerant vegetation.

7.2 INDUSTRIAL ENVIRONMENT The Introduction section of the TDP relating to the Industrial Environment states:

The District contains a number of significant industrial activities including timber related industries and electricity generating facilities. These industrial activities enable the community to provide for its economic and cultural wellbeing through the provision of employment opportunities and production of energy and value added products within the District. Further growth and development in these and related industries is acknowledged and encouraged in other council policy documents. (emphasis added)

The following objectives and policies are relevant to the proposed expansion of Te Mihi Power Station.

Objective 3d.2.1

The maintenance of the environmental qualities and functioning of the Industrial Environment.

Policies

i. Maintain the qualities of the Industrial Environment through controlling the bulk, location and nature of activities, to ensure an appropriate scale and intensity of buildings and activities that are consistent with an industrial scale of development; i.e. an appropriate density of activity and level of environmental effects, while allowing the functioning of the area to be maintained. ii. Encourage a wide range of activities within the Industrial Environment, including any activity with nuisance elements not appropriate for any other Environment, while ensuring any adverse effects are avoided, remedied or mitigated.

Objective 3d.2.2

The protection of adjoining Environments from the adverse effects of activities within the Industrial Environment.

Policy

i. Control the effects of activities within the Industrial Environment so the scale of development and level of environmental effects does not adversely affect the amenity of the other Environments of the District.

For the same reasons discussed above in relation to the Rural Environment, the proposed expansion of Te Mihi Power Station is consistent with the objectives and policies above.

7.3 LAND DEVELOPMENT

Objective 3e.2.4

Avoid the degradation of Taupō District’s lakes, waterways and aquifers from effluent and waste water resulting from land development.

Policies

i. Implement integrated land management strategies in conjunction with Regional Authorities that will avoid, remedy or mitigate adverse environmental effects on Taupō District’s lakes, waterways and aquifers. ii. Allotments that are not serviced by an off-site wastewater disposal system are to be of an adequate size to ensure that the proposed land use can operate and maintain appropriate on-site effluent and waste water treatment systems.

Objective 3e.2.5

Ensure land development does not detract from the amenity value or qualities of the local environment.

Policies

i. Ensure that proposals for the subdivision and development of land assess the particular amenity values of the area including the physical characteristics of the land and avoids, remedies or mitigates any adverse effects. ii. Subdivision and subsequent development shall either maintain or enhance, but not detract from, the significance of features or areas of cultural, spiritual, historical, landscape or natural value, (as identified through the provisions of this Plan). iii. Enable the creation of allotments below any minimum allotment size identified as a controlled activity in this Plan for the exclusive purpose of providing or enhancing public or private access, or to exclusively accommodate a complying network utility activity and infrastructure.

The proposed expansion of Te Mihi Power Station will not have any adverse effect on the lakes, waterways and aquifers of the Taupō District. Based on the conclusions reached in the AEE (particularly the Landscape and Visual Assessment, Acoustical Assessment, and the Integrated Transportation Assessment, see sections 7–9 of the AEE ), there will be no adverse effects on the amenity values or qualities of the local environment in which the expansion of Te Mihi Power Station is proposed.

7.4 TRAFFIC

Objective 3f.2.1

The safe and efficient operation of the roading network, and movement of traffic, including cyclists and pedestrians within the District.

Policies:

i. Ensure activities avoid, remedy or mitigate any adverse effects on the operation and function of the roading network, including the movement of traffic cyclists and pedestrians, as accordance with the Roading Hierarchy. ii. Encourage activities, including the design and location of new vehicle crossings, to provide for the safe and efficient movement of traffic, including cyclists and pedestrians. iii. Encourage the use of alternative modes of transport such as cycling and public transport.

The conclusions reached in the Integrated Transportation Assessment (see Appendix 9) confirm that the proposed expansion of Te Mihi Power Station will be consistent with the outcomes sought in the objective and policy above.

7.5 TANGATA WHENUA CULTURAL VALUES

Objective 3g.2.1

Recognise and provide for the cultural and spiritual values of Tangata Whenua in managing the effects of activities within the District.

Policies:

i. Take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in the management of the natural and physical resources of the District. ii. Ensure activities have regard for the cultural values of Tangata Whenua as Kaitiaki of their culture, traditions, ancestral lands, water and other taonga. iii. Ensure activities on or near Sites of Significance to Tangata Whenua are undertaken in a manner which provides for the cultural and spiritual value and significance of the site.

Contact acknowledges the special status of tangata whenua and the relationship they have with their taonga tuku iho (inherited treasures). Contact also recognises that the Wairākei Geothermal Power Scheme is dependent on the use of resources that have spiritual and cultural significance to tangata whenua.

Contact continues to work with tangata whenua in a manner that is intended to be consistent with the principles of the Treaty of Waitangi and has sought to address the requirements of this objective and policies by way of consultation with iwi and hapū groups. Through consultation tangata whenua have been informed of all actual and potential effects of Geofuture, including the Te Mihi power station expansion, and have had an opportunity to raise any issues and concerns (see Section 5.2.5 above and Section 17 of the AEE).

As discussed in Section 11 of the AEE, sites of cultural significance in the Te Mihi and Wairākei area will be unaffected by the proposed expansion of Te Mihi Power Station.

7.6 LANDSCAPE VALUES

Objective 3h.2.1

Protect Outstanding Landscape Areas from inappropriate subdivision, use, and development which may adversely affect the Landscape Attributes.

Policies: i. Ensure subdivision, use, and development is located and designed in a way that protects the Landscape Attributes of Outstanding Landscape Areas. ii. Protect Outstanding Landscape Areas from more than minor adverse visual effects of earthworks, including more than minor visible scarring or more than minor adverse change to the natural landform or natural feature. iii. Avoid the erection of built structures that will have more than minor adverse visual effects on the Landscape Attributes of Outstanding Landscape Areas, or will result in cumulative adverse effects from increased built density. iv. Avoid subdivision that will result in the fragmentation of open space character leading to any cumulative adverse effects on Outstanding Landscape Areas.

25 v. Where Significant Natural Areas are within Outstanding Landscape Areas, avoid, remedy, or mitigate more than minor adverse visual effects of Indigenous Vegetation Clearance on the Landscape Attributes of the Outstanding Landscape Area. vi. Remedy or mitigate potential adverse effects of subdivision, use, or development on the attributes of Outstanding Landscape Areas, giving consideration to: a. The suitability of the site for the proposed subdivision, use or development. b. Recognise specific site requirements for some uses or development. c. The scale, location, design and nature of the subdivision, use or development, and whether it will be sympathetic with the Landscape Attributes of the Outstanding Landscape Area. d. The ability to remedy or mitigate significant adverse effects. e. The extent of any disturbance or modification to the Outstanding Landscape Area as a result of subdivision, use or development, including potential impacts of earthworks and the ability of earthworked areas to be rehabilitated. f. The visual impact of Indigenous Vegetation Clearance within Significant Natural Areas on the Landscape Attributes, and the ability to revegetate cleared areas with appropriate indigenous species. g. The effectiveness and appropriateness of proposed mitigation to address adverse landscape and visual effects of subdivision, use or development, including appropriateness of mitigating vegetation to screen or soften built structures, and ongoing maintenance of mitigation planting.

Objective 3h.2.2 Maintain the Landscape Attributes of Amenity Landscape Areas.

Policies: i. Ensure new subdivision, use, and development is located and designed in a way that maintains the Landscape Attributes of Amenity Landscape Areas, while considering the existing landscape character and the underlying District Plan Environment. ii. Where Significant Natural Areas are within Amenity Landscape Areas, avoid, remedy, or mitigate more than minor adverse visual effects of Indigenous Vegetation Clearance on the Landscape Attributes of the Amenity Landscape Area. iii. Manage the scale and intensity of subdivision, use and development in Amenity Landscape Areas to avoid, remedy, or mitigate more than minor adverse effects on the Landscape Attributes, considering: a. The suitability of the site for the activity proposed. b. The scale, location, design, and nature of the subdivision, use or development in relation to the provisions of the underlying Environment, and whether it will be sympathetic with the Landscape Attributes of the Amenity Landscape Area. c. The extent to which the Landscape Attributes will be affected. d. The ability to remedy or mitigate more than minor adverse effects. e. The visual impact of Indigenous Vegetation Clearance within Significant Natural Areas on the Landscape Attributes, and the ability to revegetate cleared areas with appropriate indigenous species.

f. The effectiveness and appropriateness of any mitigation to address adverse landscape and visual effects of subdivision, use or development, including appropriateness of mitigating vegetation to screen or soften built structures, and ongoing maintenance of mitigation planting. g. Recognise specific site requirements for use or development.

Objective 3h.2.3 Recognise and encourage the enhancement of Amenity Values within Landscape Areas in the Taupō District.

Policies i. Recognise and encourage subdivision, use or development that enhances Amenity Values within Landscape Areas in the Taupō District, by utilising, but not being limited to, the following principles:

Subdivision Design

a. Subdivision design that utilises the existing landform and landscape features and aligns new allotment boundaries to natural patterns. b. Where possible, existing vegetation is retained and protected, and vegetation patterns that reflect the natural landform are maintained. c. Fencing styles are designed to complement the existing character of the Landscape Area

Built Structures

a. Built structures are located and designed in a way to integrate with the Landscape Attributes. b. Building materials utilise recessive colours and have low reflectance levels. c. Existing vegetation patterns are utilised to integrate buildings within the Landscape Area.

Roads

a. Roading layout is designed and located to minimise visual prominence, where possible by following topography, and minimising the number of vehicle accesses onto roads. Earthworks b. Earthworks are located to minimise disturbance of the natural form and character of the Landscape Area, by avoiding visually prominent locations. c. Where practical, earthworks or areas surrounding earthworks are vegetated to soften any abrupt changes in landform, or reduce visible ‘scarring’ of the landform.

Planting

a. New tree planting and vegetation patterns reflect the existing landscape character and natural patterns of the landscape. b. Where possible, ecological corridors and ecosystems are restored. c. Planting is used to help integrate buildings with the Landscape Area. ii. Encourage the utilisation of design guidelines that maintain and enhance Amenity Values within Landscape Areas in the Taupō District.

iii. Enable activities that result in a Net Environmental Gain for Landscape Areas in the Taupō District.

Objective 3h.2.4

Acknowledge and encourage mechanisms that appropriately manage Landscape Areas in the Taupō District.

Policies

i. Consider existing protection mechanisms where they provide an appropriate level of management of Landscape Areas. ii. Recognise existing efforts of landowners to manage Landscape Areas in the Taupō District. iii. Recognise the historical and current role of Maori in the long-term appropriate management of Landscape Areas in the Taupō District. iv. Encourage new efforts to manage Landscape Areas.

The proposed expansion of Te Mihi Power Station is consistent with the objectives and policies above. This is largely due to the fact that the Te Mihi site is not located in an area recognised as having important landscape values. Furthermore, the Landscape and Visual Assessment (see Appendix 6) concludes that there will be no, or very low, that is less than minor, landscape and visual effects (depending on which option is constructed).

7.7 NATURAL VALUES

Objective 3i.2.1

The protection of Significant Natural Areas in the Taupō District from more than minor adverse effects of indigenous vegetation clearance.

Policies:

i. Avoid remedy or mitigate more than minor adverse effects of vegetation clearance on the ecological values of Significant Natural Areas. ii. Consideration of the scale, intensity, purpose, location and design of activities within Significant Natural Areas to avoid, remedy or mitigate adverse effects on their ecological values, considering the effects of the vegetation clearance on: a. The composition of significant indigenous flora and fauna, and the naturalness, diversity and the life supporting capacity of Significant Natural Areas. b. Ecosystems located across a succession of natural habitats (such as geothermal areas, aquatic areas, riparian areas, foreshores, alpine areas and forest sequences etc), or in areas which experience occasional stress events (such as seasonal wetlands, slip faces, etc), and are more likely to be more diverse than anywhere else. c. Rare or threatened indigenous flora or fauna, or species unique to the District, including adverse effects on areas used by rare or threatened indigenous fauna on a regular basis. d. Protection of the long term ecological sustainability of a Significant Natural Area, including taking into account the level of disturbance within the area, pest impact, or threats, by existing or proposed protection measures with particular

regard to covenants or other mechanisms which ensure the long term protection of natural values including significant indigenous vegetation or habitat. e. The extent to which the Significant Natural Area makes up part of an ecological corridor, and provides linkages to other indigenous habitats

The proposed expansion of Te Mihi Power Station is consistent with the objective and policies above. This is largely due to the fact that Te Mihi site is not located in an area recognised as having important natural values such as a significant natural area.

7.8 NATURAL HAZARDS In the introduction to this topic, the TDP notes the following:

Thermal areas have the potential to cause subsidence and can create a number of hazards including subsidence, hot ground and hydrothermal eruptions. Thermal areas can be difficult to define as the boundaries and extent of areas of hot ground can change over time. These thermal areas occur in a number of locations around the District in both rural and urban areas.

Objective 3l.2.1

Protection of activities, development and life from the adverse effects of natural hazards.

Policies

i. Control the design and location of activities and development within identified natural hazard areas, or areas which have significant potential to be affected by a natural hazard, to avoid or mitigate the effects of the natural hazard. ii. Manage the location, design, and type of new activities and development to avoid or mitigate the adverse effects of erosion, ground rupture and deformation, hot ground and land instability on development and the community.

Objective 3l.2.2

Activities and development do not create, accelerate, displace, or increase the effects of a natural hazard.

Policies

i. Ensure that activities do not alter or change the nature of a natural hazard event, increase the intensity of a natural hazard event or increase the risk of the event occurring. ii. Ensure that activities and structures do not increase the risk to the community or the environment from the effects of natural hazards. iii. Ensure that where development occurs within areas subject to the effects of natural hazards, property owners and/or occupiers are informed of and manage the risk. iv. Control the location and presence of hazardous substances in areas subject to natural hazards to ensure that there is no increase in the effects of the natural hazard or risk to the community from hazardous substances.

There are a number of fault lines in the vicinity of Te Mihi Power Station and a substantial proportion of Site THI B is identified as a Hot Ground Hazard Area in the Taupō District Plan.

Contact has positioned the proposed activities associated with the expansion of Te Mihi Power Station to avoid the fault lines (being the fault lines identified in the Taupō District Plan and others identified more recently by GNS).

An assessment of the Hot Ground Hazard Area has been undertaken (see Appendix 4). It concludes that “there is no detectable near-surface geothermal activity” on Site THI B. Ground temperatures ranged from 10.5˚C and 13.3˚C. That does not pose any problem in relation to the construction of any of the proposed power station options on Site THI B. A consent condition has been proposed which requires further investigations of Site THI B prior to construction and confirmation that the design of any buildings and structures within the Hot Ground Hazard Area can avoid or mitigate any adverse geothermal effects.

See section 13 of the AEE for further discussion on natural hazards including, fault lines and hot ground.

7.9 HAZARDOUS SUBSTANCES

Objective 3m.2.1

Protection of the environment and the health and safety of the community, from the adverse effects of hazardous substances associated with hazardous facilities.

Policies

i. Ensure that hazardous facilities are appropriately located to avoid or mitigate adverse effects on the environment and unacceptable risks to the environment and community. ii. Ensure that hazardous facilities are designed and managed to avoid or mitigate adverse effects and unacceptable risks to the environment and community.

Objective 3m.2.2

Protection of activities, the environment and community during and after redevelopment of contaminated sites.

Policies

i. Control and manage new activities on contaminated sites to ensure the adverse effects arising from the contamination are avoided, remedied or mitigated. ii. Require the removal of contaminants from sites or the remediation of sites where new activities, the environment or community will be adversely affected. The storage and use of hazardous substance has been addressed in Section 12 of the AEE. Hazardous substances will be stored and used in a manner that is consistent with the relevant legislation, regulations and environmental best practice to minimise any risk to human health and the environment. With respect to the binary plant option, the Major Incident Hazard Analysis (see Appendix 11) concludes the binary plant will be located appropriately to protect the environment and health and safety of the community from the adverse effects of hazardous substances associated with hazardous facilities.

The Te Mihi Power Station will not result in any adverse effects in relation to contaminated soils (none being present or otherwise being appropriately managed if discovered during construction) (See section 13 of the AEE).

The Te Mihi Power Station expansion is therefore consistent withthe objectives and policies above.

7.10 NETWORK UTILITIES

Objective 3n.2.1

To enable the operation, maintenance and upgrading of existing Network Utilities and the provision of new Network Utilities.

Policies

i. Avoid, remedy or mitigate the adverse effects of new development and buildings on the operation of existing Network Utilities. ii. Provide for the establishment of new Network Utilities in a way that, as far as practicable, recognises the characteristics and amenity of the different Environment areas. iii. Have regard for the technical and operational requirements of Network Utilities and the contribution they make to the functioning and well being of the community.

Objective 3n.2.2

Network Utilities are designed and located to avoid, remedy or mitigate adverse effects on the environment and protect the health and safety of the community.

Policies

i. The establishment, operation, maintenance or upgrading of Network Utilities does not compromise the health and safety of the community ii. Avoid, remedy or mitigate the potential adverse effects of the location and siting of new Network Utilities on significant landscape features and the amenity and character of the District. iii. Encourage, in urban areas, the underground siting of those components of Network Utilities (e.g. pipes, lines, cables) that have the potential to result in adverse visual effects while having regard to the best practicable option for the location of these components. iv. Encourage Network Utilities to avoid, remedy or mitigate adverse effects on the environment by co-siting or sharing facilities where this is technically practical and feasible while having regard to the best practicable option for the siting or sharing of facilities. v. Recognise that Network Utility services can maintain and enhance the social and economic well-being of communities.

The proposed short section of 220 kV transmission line is consistent with the objectives and policies above, which enable these activities to occur (and recognise the benefit of them) while addressing any adverse effects on the environment. The Landscape and Visual Assessment concludes that:

Any new towers and lines would be part of the electricity generation and transmission structures and character of the Te Mihi platform and would be consistent with the existing views.

7.11 GEOTHERMAL ACTIVITY

Objective 3o.2.1

Enable and manage the effects of land use activities associated with geothermal resource use and development.

Policies

i. To provide for the continued operation, maintenance and minor upgrading of existing developments utilising geothermal resources. ii. To enable land uses associated with the use of geothermal resources in a manner which avoids, remedies or mitigates adverse effects on the environment. iii. To control the land use effects associated with the use of geothermal resources by way of environmental performance standards in rules and conditions on resource consents.

Objective 3o.2.2

The avoidance of reverse sensitivity effects arising from incompatible land uses establishing or expanding on Geothermal Areas5 shown on the maps at the end of this section.

Policies

i. To discourage land uses which are or may be incompatible with the use and development of geothermal based industry in the Geothermal Areas shown on the maps at the end of this section. ii. To ensure that new activities are compatible with existing geothermal based industry.

Objective 3o.2.1 and the associated policies are particularly relevant to the proposed expansion of Te Mihi Power Station. They are enabling provisions while seeking to avoid, remedy or mitigate adverse effects on the environment. Based on the conclusions reached in the AEE, the proposed expansion of Te Mihi Power Station is consistent with the objective and policies above.

8. OTHER POTENTIALLY RELEVANT MATTERS Section 104(1)(c) of the RMA requires that when considering an application for a resource consent and any submissions received, the Council must have regard to ‘any other matter’ relevant and reasonably necessary to determine the application. The following potentially relevant other matters have been identified.

5 Geothermal Areas are the consented areas and/or the geothermal system boundaries shown on the maps at the end of Section O and the Planning Maps.

8.1 NGĀTI TŪWHARETOA IWI ENVIRONMENTAL MANAGEMENT PLAN The Ngāti Tūwharetoa Iwi Environmental Management Plan (“NTIEMP”) establishes Ngāti Tūwharetoa environmental Policies / Baselines and provides tools that will help its hapū / whānau and the tribe as a whole to achieve and protect those base lines.

It is made clear within the NTEIMP that comprehensive and meaningful consultation and partnerships regarding consent applications is a requirement of Ngāti Tūwharetoa hapū and that the onus sits squarely with external parties and consent authorities to ensure that this is done.

In relation to Kaitiakitanga, the NTEIMP includes the following Policies / Baselines relevant to this application:

Actively participate as a partner in the resource management decision-making processes;

Advocate for the integration of kaitiaki principles and practices into all aspects of resource management decisions at local and regional government;

Those activities that do not require resource consents are dealt with in a manner that ensures the impacts of cumulative activities are reduced and/or contained;

Promote and initiate processes that enable the effective exercise of partnership and kaitiakitanga by Ngāti Tūwharetoa;

Initiate and implement mechanisms that protect taonga in accordance with the principles of Ngāti Tūwharetoa kaitiakitanga e.g. Rahui; and

Ngāti Tūwharetoa hold exclusive rights to their intellectual property and reserve the right to copyright and patent knowledge that is developed and collected including new discoveries from their taonga.

In relation to Partnership, the NTEIMP includes the following Policies / Baselines relevant to this application:

Recognise and provide for the physical and spiritual relationship of ngā hapū o Ngāti Tūwharetoa with their ancestral lands, waters, wāhi tapu and other taonga;

Give effect to the principles of the Treaty of Waitangi in all aspects of resource management decision-making process; and

Promote awareness and a greater understanding of the role of ngā hapū o Ngāti Tūwharetoa as kaitiaki of both Lake Taupōnui-ā-Tia and the wider catchment.

In relation to Ngā Taonga, the NTEIMP includes the following Policies / Baselines relevant to this application:

Prohibit all discharge of human waste directly into waterways and promote effluent treatment acceptable to ngā hapū;

Encourage the implementation of land-based disposal systems e.g. dairy farm effluent;

Support proposals that seek hapū involvement to improve water quality and promote efficient use of water quantity;

Advocate for the protection of the mauri of wāhi tapu by preventing destruction and modification;

Upon an ‘accidental discovery’, works are to stop immediately until such a time that tangata whenua are contacted and appropriate protocol are in place;

Protect the mauri of wāhi tapu in accordance with the tikanga and kawa of ngā hapū o Ngāti Tūwharetoa;

To ensure that the matauranga associated with identified sites is confined to kaitiaki and that they are involved in any activity that may impact on these area;

Hapū have the fundamental right to assert tino rangatiratanga and kaitiaki over their wāhi tapu;

Protect and enhance the mauri of the fisheries resource in accordance with the tikanga and kawa of ngā hapū o Ngāti Tūwharetoa; and

Protect and enhance the mauri of ngā opapa in accordance with the tikanga and kawa of ngā hapū o Ngāti Tūwharetoa.

In relation to Geothermal Taonga, the NTEIMP includes the following Policies / Baselines relevant to this application:

Ngāti Tūwharetoa hapū assert tino rangatiratanga and kaitiakitanga over the geothermal taonga;

Protect and enhance the mauri of ngā ngāwha in accordance with the tikanga and kawa o ngā hapū o Ngāti Tūwharetoa;

Ensure that geothermal areas are adequately monitored to determine the best practicable options for management; and

Support hapū initiatives and partnerships between hapū and investors that promotes the utilisation of geothermal areas in accordance with the culture and traditions of ngā hapū o Ngāti Tūwharetoa.

As discussed in Section 17 of the AEE, Contact has undertaken consultation (and will continue to do so throughout both the land use and regional consenting processes) with a range of iwi and hapū groups in relation to GeoFuture, including the proposed expansion of Te Mihi Power Station. One of the purposes of that consultation is to ensure that activities are undertaken by Contact in a manner which, as much as possible, achieves the outcomes that the NTEIMP seeks.