Lincoln Planning Review, 8 (1-2) (2017) 69-74

An analysis of the key environmental and social issues surrounding wind energy generation in

Mandille ALCEE

Master of Environmental Policy and Management, Lincoln University, New Zealand

volatility of fossil fuel prices (Saidur, Islam, 1. INTRODUCTION Rahim, & Solangi, 2010). In New Zealand, the use of wind energy has 2. BACKGROUND been identified as one of the ways to assist in transitioning away from the need for fossil New Zealand has a history of renewable fuel-based energy. This source of energy has energy generations in areas such as hydro, several benefits including, inter alia: minimal wind and geothermal energy. To build on this air and water pollution, green and renewable platform, the National-led government energy source, and reduced dependence on signalled its intentions to generate 90 percent fossil fuels. Despite the benefits of wind of its energy from natural renewable sources energy, environmental and social issues by the year 2025, and by the year 2050 to continue to surface in response to an increase reduce greenhouse gas emissions by 50 in wind energy generation in New Zealand. percent from the 1990 levels (MBIE, 2011). The These environmental and social issues are wind has been identified as one of the analysed in this paper with consideration given renewable sources of energy that can to current legislative and policy instruments. contribute to achieving these targets. The generation of energy from renewable For the first quarter of 2016 renewable sources such as the wind can immensely assist energy generation contributed 82.2 percent of a country in improving energy security, New Zealand’s electricity with a 12.9 percent reducing greenhouse gas emissions, increase in wind energy generation from combating the adverse effect of climate March 2015 to March 2016 (MBIE, 2016). This change and responding to the global energy upward trend in wind energy generation is challenge (MfE, 2011). The exploration of wind expected to continue in the future and play a energy has been highlighted as one of the significant role in diversifying the energy mix in renewable energy sources to be utilised to New Zealand to meet the projected energy diversify New Zealand’s energy mix to deliver demand. To date, there are 19 wind farms efficient and affordable energy across the either operating or under construction in New country, while also achieving renewable Zealand (EECA, n.d.). This demonstrates that energy targets and meeting international New Zealand is well endowed with wind obligations surrounding greenhouse emissions potential primarily due to its location and and climate change mitigation (MBIE, 2011). topography (Kelly, 2011). Furthermore, renewable energy sources such Notwithstanding the wealth of the wind as the wind have been identified as one of the resource in New Zealand, there are mitigation strategies to combat climate change environmental and social issues that arise from and make countries less susceptible to the wind energy development. The environmental issues include earthworks, landscape effects,

Lincoln Planning Review 69 Volume 8, Issue 1-2, December 2017 loss of ecology, loss of wildlife, the landscape, adverse visual effects, noise and displacement of other animals, erections of loss of ecology (Palmer & Grinlinton, 2014). structures and dust. The social issues consider Moreover, the uncertainty with the RMA the noise generated from the wind turbines, also often results in wind energy projects being the aesthetics as it relates to landscape, the heard in the Environment Court, resulting in a visibility of wind turbines and proximity long, expensive and highly contested process dwellings. In this regard, it is important to for wind energy projects (Kelly, 2011). This ascertain whether these environmental and long and contested process may sometimes social issues are adequately addressed under arise due to limited and discretionary public the existing legislative and policy environment. participation during the initial process as the public consultation process varies based on the 3. LEGISLATIVE AND POLICY ENVIRONMENT developer and the proposed wind energy The Resource Management Act 1991 (RMA) is project (NZWEA, 2013). In addition, it is New Zealand’s overarching legislation on the important to consider the cultural perspectives management of the environment. It aims to during the AEE as well as during public promote the sustainable use and management consultations due to the indigenous, cultural of the natural and physical resources fostering and historical value of proposed sites and the environmental protection while enabling the ancestral relationship between Māori and the social, economic and cultural well-being of the environment (Sagemüller, 2006). people of New Zealand. The RMA facilitates a At each stage of the wind development hierarchical approach to environmental process, there are certain activities and management starting with central government requirements necessary to successfully outlining national objectives through the undertake a wind energy project. A review of implementation of the National Policy the existing literature, policy, legislation and Statements (NPS), National Environmental case studies revealed some key areas where Standards (NES), and the New Zealand Coastal environmental and social issues are addressed Policy Statement (NZCPS). From these national under existing legislation and policy in New policy statements and standards, regional Zealand. These issues are discussed below in councils develop their own Regional Policy relation to existing wind farms in New Zealand. Statements (RPS) and Regional Plans (RP) and 4. DISCUSSION local councils develop their district plans from the RPS and RP. The hierarchical nature of the A is a system in which wind can RMA ensures that District Plans are consonant be harnessed to generate electricity and can with those developed at national and regional vary in terms of size, design, turbines and levels. In essence, plans made at the district generating capacity (NZWEA, 2013). The or regional level or decisions taken must be in location and design of wind farms will be based consensus with the provision under the RMA on inter alia, grid connectivity and the (Johnston, 2016). availability and direction of the wind resource. Hence, the RMA is the overarching From the project proposal to decommission or legislation governing wind energy projects but upgrading a wind energy project goes through there is uncertainty that arises from its a very detailed development process which implementation during the wind energy includes site selection, project feasibility, process (Sagemüller, 2006). This uncertainty detailed assessment, consenting, project arises from the sometimes-varying confirmation, construction, operations and interpretation of certain elements of the RMA maintenance and finally upgrading or and can trickle into the resource consent decommissioning (NZWEA, 2013). process as well as the assessment of The first stage of the wind energy environmental effects (AEE) requirements. development project is site selection. At this Resource consent is required for wind energy stage preliminary work is undertaken to projects under the RMA and aims to address ascertain the extent of the wind resource, the environmental and social issues such as possible hurdles are identified and

Lincoln Planning Review 70 Volume 8, Issue 1-2, December 2017 consultation with landowner commenced. The 4.2 Assessment of Environmental Effects next stage of the process is the project (AEE) feasibility which explores the business case in To supplement the resource consent terms of project design, development costs, process, there is also a requirement for an AEE and benefits as well as an initial assessment of to be undertaken for proposed wind energy the potential effects on the environment. This projects. An AEE provides an objective leads to the detailed assessment where a more assessment of the potential impact of a project detailed site assessment is undertaken to on the environment as well as possible ways further investigate site design and that any adverse effects will be mitigated (MfE, environmental effects and is followed by the 2006). The RMA provides general definitions formal application for resource consent and and guidance on what are effects and what the consultation with regional and district environment encompasses. However, the AEE councils. The consent process is location has been criticised for providing limited sensitive and in most cases, approval must be specific information for wind energy sought from both the regional and district developers resulting in a lack of consistency in councils. AEE applications and acts as a source of If approval is granted the wind farm design uncertainty for both developer and and business case are finalised with supporting policymakers (Sagemüller, 2006). contracts and the signing of the purchasing power agreement. The project then moves 4.3 RMA as a source of uncertainty into the construction stage with the erection The uncertainty with the RMA arises due to and installation of towers and turbines. Upon a lack of clarity around certain aspects of the completion, the wind farm is commissioned, Act and its interpretation as well as a lack of and operation commences. The final stage of specific requirements for wind energy projects the wind development process is upgrading or (Sagemüller, 2006). For example, in the decommissioning. If the wind farm is Waitahora wind project, Contact Energy upgraded, all activities from the project proposed the development of a 58 wind feasibility stage need to be redone, whereas if turbines farm with the potential of generating the project is decommissioned the a maximum of 156 megawatts of electricity. infrastructure must be removed and the land The initial resource consent in 2009 was not rehabilitated. approved as the adverse effects were deemed The following uses specific wind energy major by the district council. The council examples in New Zealand to illustrate the way argued that the project could have adverse in which environmental and social issues are effects on the water supply to the nearby rural addressed through the legislative and policy community, adversely affect the landscape as environment. well as a local horse stud. However, the 4.1 Resource Consent Environment Court concluded that wind farm would not adversely affect the water supply The implementation and successful and that the landscape effect and the effect on development of a wind energy project are the horse stud were not substantial to warrant dependent on the resource consent process a rejection of the consent (Palmer & which aims to address the environmental and Grinlinton, 2014). In this case, the social issues that may arise during interpretation of minor effects was inferred development (Sagemüller, 2006). The differently by the Environment Court consents required for the development of a compared to the District Council, thus creating wind farm include land use, subdivision, water some uncertainty surrounding the RMA and permit, discharge permit and coastal permit how certain terms are defined and interpreted. (NZWEA, 2013). During the resource consent process, the council will determine whether 4.4 Environment Court the effects are minor and approval granted or The Environment court provides an avenue for further action is required (MfE, 2015). both developers and the public to appeal

Lincoln Planning Review 71 Volume 8, Issue 1-2, December 2017 consent decisions surrounding wind farms. For decided to abandon the project. While some example, the West Wind - Wind Farm located have highlighted that the high consenting cost in Makara, owned and operated by Meridian is necessary to ensure environmental Energy has 62 wind turbines generating up to sustainability (Sagemüller, 2006), it is 142.6 megawatts of electricity. After initial important to ensure that these costs don’t consent was granted to the company to serve as a barrier or disincentive to realising proceed with the project in 2007, residents the full potential of wind energy in New and other private interest appealed the matter Zealand. to the Environment Court. The argument 4.6 Discretionary public participation against the proposed wind farm was that there were adverse effects in relation to the It can be argued that the wind energy reflections from turbines blades, bird development process is highly contested mortality, noise and sleep disturbance. because of the discretionary nature of public However, the Environment Court ruled that participation. During the wind energy the benefits to be derived from wind were development process, public participation is great and the effects on the environment were not compulsory and is undertaken by the minor and upheld the consent granted to developer who determines who the key for the construction of the stakeholders are that should be consulted wind farm (Palmer & Grinlinton, 2014). The during the process (NZWEA, 2013). As a result, provision for appeal to the Environment Court not consulting with local communities on is made under the RMA. However, as proposed wind farm may further illuminate the explained earlier, the RMA is a source of negative perception of wind farms and uncertainty and this uncertainty is most times contribute to the long and expensive wind the cause for appeal of wind energy projects energy development process. (Sagemüller, 2006). 4.7 Cultural considerations 4.5 Long, costly, highly contested wind The RMA makes provisions to consider energy process Māori views and cultural history stemming The long, costly, highly contested process is from the principles of the Treaty of Waitangi. seen as one of the main obstacles to the For example, an application by Unison development of wind energy in New Zealand Networks Limited in 2007 for the (Kelly, 2011). This may be because of the establishment of a wind farm in Hawkes Bay involvement of the Environment Court when was appealed to the Environment Court on wind energy projects are appealed by cultural grounds based on the cultural residents or developers. The contesting of relationship between Māori and the wind farms by residents can be attributed to environment. The Environment Court negative public perception about wind farms. undertook an analysis of the benefits of Graham, Stephenson, and Smith (2009) renewable energy versus the social well-being provide many reasons for negative public of residents and ruled that there were adverse perception about wind farms such as farm size visual and landscape effect associated with the and shape, turbines, noise, landscape, adverse proposed wind farm which was more than construction impact and NIMBYism commonly minor and could not be ignored (Palmer & referred to as ‘not in my backyard.’ Grinlinton, 2014). The court declined consent For example, Kelly (2011) explained that it citing that the wind farm also adversely affects took a particular wind project two years to get the cultural and ancestral relationship through the consenting process costing the between Māori and the environment due to company an addition NZ$120M. Another the major adverse effects on the landscape. example was the Project Hayes wind energy Therefore, it is important for developers development project earmarked for Central and consenting authorities to consult with Otago. After spending millions of dollars and Māori during this process. This can be done over five years going through consenting, the through active consultation and using Iwi Environment and High Court, the company Management Plans for guidance. An Iwi

Lincoln Planning Review 72 Volume 8, Issue 1-2, December 2017 Management Plan is a resource management 6. CONCLUSION plan developed by an iwi or hapu and identifies Overall, the RMA provides a structure and outline certain pertinent issues within which wind energy development can be surrounding the use of natural and physical undertaken. It ensures that the potential resources in their area (MfE, 2004). It can be environmental and social effects of wind used to complement the provisions in the RMA energy projects are managed in a sustainable when making decisions on wind energy way. It is also clear that the resource consent projects and inform developers on key cultural process and the undertaking of an assessment and historical issues that need to be of environmental effects (AEE) under the RMA considered during the process. are critical to identifying and addressing environmental and social issues in relation to 5. RECOMMENDATIONS wind energy projects. Based on the discussion above, the Although, there are benefits to be derived following recommendations may assist in from wind energy development, a prudent improving the wind energy development approach needs to be taken to ensure process while also adequately addressing the compliance with critical components of the potential environmental and social issues. RMA such as provision for Māori and for the • Mapping and identification of sites undertaking of an AEE. Greater clarity is also specifically designated for wind energy required under the RMA to reduce uncertainty generation based on areas deemed as and for consistency in the decision-making having the greatest potential for wind, process. The development process and while also considering possible timeframe should not be a disincentive as this environmental and social issues. can hamper future interest in wind energy. • Encouraging mandatory stakeholder Nonetheless, the environmental and social participation for wind energy project issues are important and should be managed rather than discretionary consultation in a way that realises wind energy benefits based on the developer and project. while also ensuring sustainable environmental • Provision of clearer and more specific management. guidelines for the establishment of wind energy projects based on the AEE 7. REFERENCES requirements under the RMA EECA. (n.d.). Wind. Retrieved from (Sagemüller, 2006). The guidelines https://www.eeca.govt.nz/energy- must provide specifics on the use-in-new-zealand/renewable- requirements for wind energy energy-resources/wind/ developers. Graham, J. B., Stephenson, J. R., & Smith, I. J. • The New Zealand government might (2009). Public perceptions of wind consider classifying wind energy energy developments: Case studies project and possibility other from New Zealand. Energy Policy, renewable energy projects as 37(9), 3348-3357 nationally significant proposals. Johnston, K. (2016). Planning within local • Encourage small-scale wind energy government. In J. Drage & C. Cheyne generation to assist in realising the full (Eds.), Local government in New potential of wind energy (Kelly, 2011). Zealand - Challenges and choices. The installation of single wind turbines Auckland: Dunmore Publishing or a few wind turbines at strategic Limited locations by residents or businesses Kelly, G. (2011). History and potential of may assist with the visibility issues as renewable energy development in well as the noise and the New Zealand. Renewable and environmental issues such as Sustainable Energy Reviews, 15(5), environmental degradation. 2501-

Lincoln Planning Review 73 Volume 8, Issue 1-2, December 2017 2509.doi:http://dx.doi.org/10.1016/j.r Retrieved from ser.2011.01.021 http://www.mfe.govt.nz/sites/default Ministry of Business, Innovation and /files/nps-reg-2011.pdf. Employment. (2011). New Zealand Ministry for the Environment. (2015). An energy strategy 2011-2021. everyday guide to the RMA: Applying Wellington: Ministry of Business, for a resource consent. Wellington: Innovation and Employment Retrieved Ministry for the Environment from http://www.mbie.govt.nz/info- Retrieved from services/sectors- http://www.mfe.govt.nz/sites/default industries/energy/energy- /files/media/RMA/RMA%20Booklet% strategies/documents-image- 202.1.pdf. library/nz-energy-strategy-lr.pdf. New Zealand Wind Energy Association. Ministry of Business, Innovation and (2013). Wind farm development in Employment. (2015). Energy in New New Zealand - A framework for best Zealand. Wellington: Ministry of practice. Retrieved from Business, Innovation and Employment http://www.windenergy.org.nz/store/ Retrieved from doc/WindFarmDevelopmentinNZ_AFr http://www.mbie.govt.nz/info- ameworkforBestPractice.pdf services/sectors- Palmer, K., & Grinlinton, D. (2014). industries/energy/energy-data- Developments in renewable energy modelling/publications/energy-in- law and policy in New Zealand. new-zealand/Energy%20-in-New- Journal of Energy & Natural Resources Zealand-2015.pdf. Law, 32(3), 245-272 Ministry of Business, Innovation and doi:10.1080/02646811.2014.1143536 Employment. (2016). New Zealand 2 energy quarterly - March quarter Resource Management Act, (1991) 2016. Retrieved from Wellington: Sagemüller, I. (2006). Legislative and policy http://www.mbie.govt.nz/info- regime governing the generation of services/sectors- wind energy in New Zealand. Journal industries/energy/energy-data- of Energy & Natural Resources Law, modelling/publications/new-zealand- 24(2), 165-208. energy-quarterly doi:10.1080/02646811.2006.1143343 Ministry for the Environment. (2004). Review 3 of the effectiveness of Iwi Saidur, R., Islam, M., Rahim, N., & Solangi, K. management plans: an Iwi (2010). A review on global wind perspective. Retrieved from energy policy. Renewable and https://www.mfe.govt.nz/sites/defaul Sustainable Energy Reviews, 14(7), t/files/review-effectiveness-iwi- 1744-1762 management-plans-jul04.pdf Ministry for the Environment. (2006). A guide to preparing a basic assessment of environmental effects. Wellington: Ministry for the Environment Retrieved from http://www.mfe.govt.nz/sites/default /files/media/RMA/aee-guide- aug06.pdf. Ministry for the Environment. (2011). National policy statement for renewable energy generation. Wellington: Ministry for the Environment

Lincoln Planning Review 74 Volume 8, Issue 1-2, December 2017