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Statement of Evidence of Luke Christopher James Faithfull on Behalf of Trustpower Ltd

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Statement of Evidence of Luke Christopher James Faithfull on Behalf of Trustpower Ltd BEFORE A SPECIAL TRIBUNAL AT NELSON UNDER of the Resource Management Act 1991 IN THE MATTER an application for a water conservation order by Ngati Tama Ki Te Waipounamu Trust and Andrew Yuill in respect of Te Waikoropupū Springs and associated water bodies STATEMENT OF EVIDENCE OF LUKE CHRISTOPHER JAMES FAITHFULL ON BEHALF OF TRUSTPOWER LTD 6 APRIL 2018 Counsel Instructed B J Matheson Richmond Chambers PO Box 1008 Shortland Street Auckland 1140 2 Trustpower Ltd 1. EXECUTIVE SUMMARY 1.1 In my opinion, the relief sought by Trustpower Limited (Trustpower) is appropriate given the recognition and protection required for renewable electricity generation provided for in the higher-level policy documents being the National Policy Statement for Renewable Electricity Generation 2011 (NPSREG) and National Policy Statement for Freshwater Management 2014 (NPSFM). 1.2 I consider that Trustpower’s position on the Water Conversation Order application (WCO application) takes a ‘holistic’ approach to wider catchment management, as well as providing for its specific interests and the need for the protection of the values the WCO seeks to ‘recognise and sustain’. 1.3 Trustpower’s position also addresses the wider requirements under the Resource Management Act 1991 (RMA), including those of section 207. Specifically: (a) Trustpower’s submission, and proposed relief, has regard for values that the WCO application is seeking to protect being to provide appropriate and adequate protection of the outstanding waters of Te Waikoropupū and the waterbodies that contribute to the springs but also providing for the needs of its business and the needs of the wider communities; (b) The relief sought by Trustpower is consistent with the overarching direction of the higher-level policy documents and, if applied, will enable Trustpower to manage the Cobb Hydroelectric Power Scheme (Cobb HEPS or Scheme) in a sustainable manner both now and into the future, as contemplated by the RMA; and (c) The relief sought by Trustpower provides for the needs of the other downstream water users, as well as ensuring that current 3 Trustpower Ltd and future hydro-electric generation potential is also protected and provided for. 1.4 Overall, I accept that the precautionary approach sought by the WCO application will achieve the purpose of a WCO as identified by section 199 of the RMA, however, I consider that the relief sought by Trustpower will not have a negative impact on the ability of the WCO to meet its intended purpose. 1.5 Trustpower’s position is to simply provide for current and future activities associated with the Scheme and where modifications are proposed in the future, these would only be exempt where it can be demonstrated that any effects of a modified regime will not detract from the values the WCO protects. 1.6 I consider that by Trustpower taking this position on the WCO, it demonstrates a high level of environmental responsibility as an operator and essentially empowers the WCO, if granted, as the primary indicator as to whether the activity is appropriate outside of the Part 2 of the RMA considerations. 1.7 I also consider that inclusion of Trustpower’s proposed relief is consistent with the section 217 of the RMA as the targeted exemption will ensure that there is no ‘affect or restriction’ on Trustpower’s existing resource consents, or future consent where the activities are consistent with those already consented. 1.8 In my opinion, if the Special Tribunal (Tribunal) considers that the WCO application is to be granted, I consider that it is appropriate, and within the power of the Tribunal, to include the proposed relief offered by Trustpower as outlined in Section 9 of this evidence. 4 Trustpower Ltd 2. INTRODUCTION Experience/qualifications 2.1 My full name is Luke Christopher James Faithfull. 2.2 I hold a Bachelors’ degree in Geography and Environmental Science from the University of Auckland. 2.3 I am employed by Mitchell Daysh Limited as a Senior Consultant and I am also the company’s Northern Operations Manager. I have worked as a resource management professional throughout New Zealand in both the public and private sector since 2007. 2.4 My previous work experience includes Senior Consents Officer positions at both the Greater Wellington and Bay of Plenty Regional Councils where most of my work involved processing of both non-notified and notified resource consent applications. 2.5 Under my current role at Mitchel Daysh, much of my work has involved the preparation of resource consent and marine consent applications under both the RMA and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act). This work has included the preparation of due diligence reports and environmental effects assessments, drafting of consent conditions and planning evidence, and providing strategic planning advice to a wide range of public and private sector clients. I have also been responsible for the preparation of submissions and evidence on district and regional plan changes representing both private and commercial enterprises. 2.6 I have presented expert planning evidence in multiple resource consent hearings and have previously been engaged as an expert planning witness by the Environmental Protection Authority for a Marine Consent application process under the EEZ Act. 2.7 I am a Member of the Resource Management Law Association and an Associate Member of the New Zealand Planning Institute. 5 Trustpower Ltd Prior involvement in process 2.8 I have not been involved in any aspect of this WCO application process prior to preparing this statement of evidence. Code of Conduct 2.9 I have read the Environment Court's Code of Conduct and agree to comply with it. My qualifications as an expert are set out above. I confirm that the issues addressed in this statement of evidence are within my area of expertise. Scope of Evidence 2.10 In my evidence I will: (a) Briefly summarise Trustpower’s submission; (b) Provide a brief overview of the Cobb HEPS and identify Trustpower’s current consents for the Scheme; (c) Provide a high-level overview of the likely reconsenting process when Trustpower’s current permits expire; (d) Consider the WCO application as it relates to Trustpower’s interests against that relevant RMA framework, and discuss the importance of the NPSREG and the NPSFM, and the importance of clearly providing for the current and future operation of the Cobb HEPS; (e) Provide commentary on other submissions as they relate to Trustpower’s interests and relief sought; (f) Consider Ngati Tama Ki Te Waipounamu Trust and Andrew Yuill’s (the Applicant) evidence as it relates to planning matters; and (g) Identify the relief sought by Trustpower in its submission, including any recommended amendments. 6 Trustpower Ltd 3. TRUSTPOWER’S SUBMISSION 3.1 As noted in paragraph 9 of the WCO application, the waterbodies to which the application relates is “all parts of the aquifer in the catchment of the Takaka River and its tributaries that supply water to Te Waikoropupū and / or are hydraulically connected.” This area captures Trustpower’s Cobb HEPS which located on the Cobb River therefore, the WCO application has a potential impact on Trustpower’s current and future operations. 3.2 Trustpower’s submission is one of support, however this support is conditional on any WCO appropriately providing for Trustpower’s existing and future operations of the Cobb HEPS. 3.3 Key aspects of Trustpower’s submission are summarised below: (a) The resource consent application process for the current suite of consents for the Cobb HEPS (completed in 2004) thoroughly examined the effects of the Scheme on the Takaka River and the low-lying aquifers; (b) Trustpower is continuously examining how the Scheme can be operated more effectively and efficiently, while also providing for operational flexibility with the Scheme (summarised in Sections 5 - 7 of the evidence of Mr Peter Lilley on behalf of Trustpower); (c) The Second Draft of the WCO, provided as Annex 2 to the evidence of Mr Simon Beale on behalf of the Applicant, will directly and indirectly affect the Cobb HEPS as the WCO in its current form does not sufficiently recognise or provide for Trustpower’s existing interests; (d) Trustpower considers that if granted, the WCO should appropriately recognise the current operations, and provide for the continued development and upgrading of the Cobb HEPS; and (e) That the amendments to the proposed WCO identified in Attachment 2 of its submission are adopted. 7 Trustpower Ltd 4. COBB HEPS AND TRUSTPOWER’S EXISITING RESOURCE CONSENTS Cobb HEPS 4.1 For context, the Cobb Dam is located on the Cobb River within the Kahurangi National Park approximately 9.5 km above the confluence of the Takaka River with the Cobb HEPS located immediately above the confluence of the Cobb and Takaka River. This means that downstream of the dam the Cobb River is essentially dry apart from minimal flow contributions from other minor tributaries through this length of the river. 4.2 Below the confluence with the Cobb River, the Takaka River flows approximately 38 km downstream before discharging into Tasman Bay. The catchment area for the Takaka River is approximately 855 km2. The confluence of the Waikoropupū River and Takaka River is approximately 2.2 km downstream of Te Waikoropupū. 4.3 Sections 3 and 4 of Mr Lilley’s evidence provides a description of the Cobb HEPS and its existing operations. Further, Section 3 of the evidence of Mr Richard Spearman outlines the importance of the Cobb HEPS. I have not repeated these here to avoid duplication. 4.4 Further to Mr Lilley’s evidence, Schedule 30A(21) of the Tasman Resource Management Plan (TRMP) identifies the Cobb HEPS as ‘Regionally significant hydro-electric power generation’.
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