Southland District Council PO Box 903 INVERCARGILL 9840

SUBMISSION ON PROPOSED DISTRICT PLAN CHANGES UNDER CLAUSE SIX OF THE FIRST SCHEDULE TO THE RESOURCE MANAGEMENT ACT 1991

To: Southland District Council PO Box 903 INVERCARGILL 9840

Name: Meridian Energy Limited PO Box 2454 CHRISTCHURCH

Attention: Andrew Feierabend Phone: (03) 03 357-9741 Fax: (03) 357 9821 Mobile: 021 754189 Email: [email protected]

Meridian Energy Limited (Meridian) makes the general and specific submissions on the Proposed Southland District Plan (District Plan) set out in the attached document.

Meridian confirms its submission does not relate to trade competition or the effects of trade competition.

Meridian would like to be heard in support of its submission

If other persons make a similar submission then Meridian would consider presenting joint evidence at the time of the hearing.

______Andrew FeierabendFor and behalf of Meridian Energy Limited

Dated this 25th day of February 2013

OUTLINE OF SUBMISSION

This submission has been structured under the following headings:

Part One: Overview and Background – Reasons for Submission Section A: Overview of Meridian. Section B: Electricity Generation Overview Section C: Background and Reasons for Submission.

Part Two: Specific Submissions to the Proposed Southland District Plan provisions 1 General Submission ...... 8 2 MTADA and relationship to District Plan provisions ...... 9 3 The Southland District ...... 10 4 Biodiversity Introduction ...... 10 5 Objective BIO.1 and Policy BIO.1 and new Policy BIO.1(b) ...... 11 6 Rule BIO.1 3. Permitted Activities ...... 12 7 Rule BIO.3 Discretionary Activities ...... 13 8 Objective NFL.2 ...... 13 9 Explanation to Policy NFL.1 ...... 14 10 NFL Policy .3 ...... 15 11 Coastal Environment Introduction ...... 15 12 Objective CE.1 ...... 16 13 Policy CE.1 ...... 17 14 Policy CE.5 ...... 17 15 Policy SUB.15 and Explanation ...... 18 16 Policy NHZ.1 ...... 19 17 Energy, Minerals and Infrastructure Introduction ...... 19 18 Policy ENGM.1 and New Policy ENGM.X ...... 20 19 Policy ENGM.2 and Explanation ...... 21 20 Policy ENGM.3 and Explanation ...... 22 21 Policy ENGM.4 ...... 23 22 Policy ENGM.5 and Explanation ...... 23 23 Policy ENGM.6 ...... 24 24 Policy INF.1 Explanation ...... 25 25 Policy INF.4 ...... 25 26 Rules INF.1 – Permitted Activities ...... 26

27 Rule NSE.9 Noise from Wind Turbines ...... 26 28 Rule NSE.2 General Standards and Rule NSE.3 2. Noise standards ...... 27 29 Rule NSE.13 Construction Noise Turbines ...... 28 30 Policy SWA.1 and Rule SWA.2 ...... 28 31 Rule Fin.1 General Rule - Financial Contributions ...... 29 32 Rural Introduction ...... 30 33 Objective Rural .2 and Policy Rural.2 ...... 31 34 Rule Rural .1 Permitted Activities - Matter 17 ...... 31 35 Rule Rural .1 Permitted Activities – New Rule ...... 32 36 Rule Rural .4 Discretionary Activities – New Rule ...... 33 37 Rule Rural .5 Non-Complying Activities ...... 34 38 Fiordland/Rakiura Zone Introduction ...... 35 39 Explanation to Policy FRZ.8 ...... 35 40 Rule FRZ.1 – Permitted Activities ...... 36 41 Rule FRZ.3 – Discretionary Activities ...... 36 42 Definition Minor Upgrading ...... 37

PART ONE: OVERVIEW AND BACKGROUND (REASONS FOR SUBMISSION)

Sections A, B and C in Part One of this submission provide the overriding reasons for the submissions that are lodged on the Proposed District Plan. These reasons inform all of the outcomes sought in the specific submissions.

SECTION A: OVERVIEW OF MERIDIAN

1. Meridian is a limited liability company wholly owned by the New Zealand Government. It is one of three companies formed from the split of the Electricity Corporation of New Zealand (ECNZ) on 1 April 1999.

2. Meridian‟s core business is the generation, marketing, trading and retailing of electricity and the management of associated assets and ancillary structures in New Zealand.

3. Meridian is the single largest generator of electricity in New Zealand. Following the transfer of Tekapo A and Tekapo B hydrogenation assets to Genesis Energy, Meridian‟s total capacity in New Zealand is currently 2,693MW. Its hydro generation and storage capacity accounts for approximately 28% of New Zealand‟s electricity generating capacity and 48% of New Zealand‟s hydro storage capacity. Meridian is the largest wind farm developer in New Zealand. The company‟s asset base includes:

 the Manapouri Power Scheme in Fiordland;  the White Hill Wind Farm in Southland,  the Waitaki Power Scheme, excluding Tekapo A and Tekapo B Power Stations in the Waitaki Catchment,  the Te Apiti Wind Farm in the Manawatu;  the Brooklyn Wind Turbine in Wellington;  the West Wind Wind Farm near Wellington;  Te Uku Wind Farm near Raglan; and  Mill Creek Wind Farm near Wellington, currently under construction.

4. Meridian has been granted or obtained consents for new wind, hydro and other developments including:

 Hunter Downs Irrigation Scheme in North Otago;  North Bank Tunnel Concept on the Lower Waitaki River (staged);  Project Central Wind near Waiouru; and  Hawkes Bay and Titikoura Wind Farms, near Napier Hawkes Bay.

5. Meridian continues to investigate and pursue options for new renewable generation capacity and is investigating a number of sites that have potential for wind and hydro development throughout New Zealand.

6. Meridian has a substantial asset base within the Southland District. Meridian‟s electricity generation infrastructure is critical to the performance of the New Zealand economy.

7. Meridian has a proven track record in the development and operation of energy projects both in New Zealand and overseas. This proven record in the development and

operation of projects within sensitive areas includes the World Heritage listed Fiordland National Park (Manapouri Power Scheme), and an exemplary record of environmental compliance in new projects such as the Te Apiti wind farm. In all the projects it is involved in Meridian has adopted a “best practice” philosophy. The Manapouri second tailrace project - New Zealand‟s largest energy efficiency project to date - was completed to the highest environmental standards and was a finalist in the 2002 Financial Times Global Energy Awards.

SECTION B: ELECTRICITY GENERATION OVERVIEW

1. As well as being New Zealand‟s largest generator of electricity, Meridian is also the country‟s largest generator of renewable energy.

2. There is scope to develop renewables in many parts of New Zealand. This strengthens the system‟s responsiveness and avoids concentration of risk. Dispersed development means that each region can make a contribution to a national system, one that is greater than the sum of all its parts.

3. New Zealand has a high intensity wind resource by international standards. Wind generation tends to have a lower capacity factor (meaning it produces less energy per installed megawatt) than hydro or thermal generation. However, when wind farms are generating, hydro inflows can be held in storage. When wind generation is low, reserved hydro capacity can make up for the shortfall. Wind variability tends to be over a few days, while hydro storage varies over a longer timeframe (typically six months), so wind and hydro together make an excellent combination for a secure supply.

Electricity is a Necessity for Modern Life 4. The electricity system, from generation to local distribution, is critical infrastructure to New Zealand‟s economy and society. For more than one hundred years electricity has shaped how New Zealanders live and work. Electricity has become so central to day to day life that there is often no convenient substitute.

5. Reliable and cost effective access to electricity is a fundamental to the on-going progress of both New Zealand and its economy. It is a key element in delivering New Zealanders‟ standard of living. Electricity is an essential resource input for all parts of the economy.

6. Without modern electric devices and technology New Zealand‟s industry would not be competitive in the world market. Accordingly, electricity is a critical ingredient to industry and commerce in support of economic growth, which leads to business investment and jobs.

7. Electricity supply is also critical to the on-going operation of communication networks and other infrastructure, as well as the operation of banks, hospitals, schools and other public and private institutions. These make up the fabric of social economic and cultural well-being and ensure the health and safety of people and communities.

8. Over the past four years growth in demand for electricity has been low reflecting general economic conditions and one-off effects such as the Canterbury earthquakes. However longer term annual demand growth rates prior to the economic downturn were of the order of 2%. Looking into the future, a range of scenarios and projections has been made by a number of different parties regarding the likely continued growth in demand for electricity. While it is inherently difficult to accurately predict demand growth over the long term, what all parties do agree on is that demand will grow. The Electricity Authority‟s baseline forecast indicates an average annual rate of growth to 2030 of approximately 1.6%. Although energy efficiency and conservation measures provide a contribution to reducing demand in the future, they are not sufficient in themselves to meet anticipated future demand. This will require significant investment in planning and construction of new generation facilities. While a number of technologies are options for fulfilling supply demand, hydro, wind and geothermal are economic propositions which depend on identification of new sites which have the resource with the appropriate attributes to develop. Marine and solar are technologies of the future. Given the generation resources of the South Island, it is highly likely that new generation developed will be either hydro based on the water resources or wind.

9. Given the above, it is important that New Zealand‟s electricity infrastructure and associated activities to establish maintain and operate that infrastructure is recognised in regional and district planning document as being nationally significant. Furthermore it is just as important that undue constraints are not placed on the development, operation and maintenance of this infrastructure including the provision and promotion for the development of new sources of renewable energy.

Renewable Energy and Government Policy 10. Electricity is vital to everyday life in New Zealand. It provides a critical contribution to the economy – it underpins and integrates the functioning of the New Zealand economy. Electricity has enabled economic growth throughout New Zealand and will continue to do so in the future. Reliability of supply of electricity is critical to economic growth and social well-being.

11. The New Zealand Government recognises that the electricity sector plays a critical role in underpinning growth and is vital to achieving its objective of sustainable economic development.

12. The emissions trading scheme legislation is in force and will impose costs on electricity generators relying on fossil fuels. Such policies aim to reduce emissions and in doing so promote renewable energy generation.

13. The New Zealand Energy Strategy 2011-2021 and the New Zealand Energy Efficiency and Conservation Strategy 2011-2016 were approved in 2011. The Energy Strategy continues with the previous government‟s aspirational, but achievable, target that 90 per cent of electricity generation should be from renewable sources by 2025 (in an average hydrological year) providing this does not affect security of supply. Meeting that target will require a significant increase in the amount of renewable electricity that is generated across New Zealand.

14. Relevant to the topic of electricity are two National Policy Statements prepared under the Resource Management Act being the National Policy Statement on Electricity Transmission (NPSET) 2008 and the National Policy Statement on Renewable Electricity Generation (NPSREG) 2011. The RPS and District Plans must give effect to these National Policy statements as required by section 62(3) of the Act.

15. The preamble to the NPSET notes that: “ongoing investment in the transmission network and significant upgrades are expected to be required to meet the demand for electricity and to meet the government‟s objective for a renewable energy future, therefore strategic planning to provide for transmission infrastructure is required.”

16. The objective of the NPSREG 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 as 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 targets for renewable electricity generation.”

17. The NPSREG also:  recognises the benefits of renewable electricity generation activities  acknowledges the practical limitations of achieving New Zealand's target for electricity generation from renewable resources  acknowledges the practical constraints associated with the development, operation, maintenance and upgrading of new and existing renewable electricity generation activities in particular the need to locate the renewable electricity generation activity where the renewable energy resource is available  seeks to manage reverse sensitivity effects on renewable electricity generation activities;  seeks the incorporation of provisions for renewable electricity generation activities into regional policy statements and regional and district plans  Provides for the development, operation, maintenance and upgrading of existing and new hydro-electricity resources.

18. In addition to the Government initiatives outlined above, sections 7(i) and 7(j) of the RMA expressly require all persons exercising functions and powers under it to have particular regard to the effects of climate change and the benefits to be derived from the use and development of renewable energy. These include having particular regard to these matters in the preparation of regional and district planning documents.

19. Meridian submits that these matters should be taken into account to ensure there is an enabling policy framework for the on-going operation and development of existing renewable generation assets as well as the construction of new renewable generation when reviewing District Plans.

20. Meridian is firmly committed to playing a strong role in helping New Zealand meet targets for renewables and in assisting local communities to meet their energy needs in a way that is sustainable and seeks to minimise adverse effects on local natural and physical resources.

SECTION C: REASONS FOR SUBMISSION

1. Meridian‟s interest in the Southland District relates to its current and potential assets. This includes the Manapouri Hydro Electric Power Scheme (MPS) and the White Hill Wind Farm.

2. The MPS is the largest hydro station in New Zealand. It has seven 122 megawatt generating units and an operating station output of 800 megawatts (MW). This scheme is nationally important. The MPS generates enough electricity each year for about 591,000 average New Zealand homes. The electricity from the MPS is an integral part of the of electricity system within New Zealand.

3. The White Hill Wind Farm is also located within the Southland District. This wind farm has 29 turbines and can generate up to 58 MW of electricity. This is enough electricity each year for about 28,000 average New Zealand homes. As a renewable electricity generation scheme this is also of national importance.

4. Meridian is also interested in the District Plan with respect to other future electricity generation resources. Electricity generation is an important resource management issue for the Southland District.

PART TWO: SUBMISSIONS PROPOSED DISTRICT PLAN

1 General Submission

1. Meridian is generally supportive of the recognition that has been provided within the Southland District Plan to renewable energy activities and resources.

2. However, Meridian believes that the Southland District Plan (SDP) can better reflect the NPSREG. Meridian submits that the SDP should be changed through the addition or refocusing of a number of provisions that relate to renewable electricity generation activities.

3. As a general matter Meridian has sought that any references to renewable energy be changed to renewable electricity generation. This is consistent with the terminology used in the NPSREG.

4. In addition Meridian seeks that a number of the provisions relating to renewable electricity generation be separated out of the provisions dealing with wider energy issues. This submission can be achieved in a manner that retains the clear and concise drafting technique used within the Southland District Plan.

5. Given the above, and in addressing the document as notified Meridian has identified a number of provisions that should be improved to either achieve greater consistency with the purpose of the RMA and with current government policy. The specific relief being sought by Meridian is outlined in the following section of this submission.

6. Meridian‟s requests for specific relief outlined below should not be taken as limiting the general submissions and requests for relief set out in this section.

SECTION B: SPECIFIC SUBMISSIONS

Manapouri Te Anau Development Act (MTADA) 1963

2 MTADA and relationship to District Plan provisions 1. The Manapouri Power Scheme (MPS) is operated under the provisions of the Manapouri Te Anau Development Act (MTADA) 1963.

2. MTADA provides for the ability to raise and lower the levels of Lakes Manapouri and Te Anau and of the Waiau and Mararoa Rivers provided that the operating guidelines for the levels of Lakes Manapouri and Te Anau are complied with.

3. The rights under the MTADA are broad and prevail over a number of statutes including the RMA. In particular Section 4(1) MTADA gives Meridian full power and authority to construct works in relation to the MPS. In order to not derogate from the provisions of MTADA, MPS-related activities are required to be permitted under the District Plan.

4. Accordingly Meridian considers the proposed District Plan should recognise MTADA‟s role in regard to the operation of the MPS. Such recognition could be provided for in the relevant Plan sections including the Fiordland/Rakiura Zone, Rural Zone and Energy, Minerals and Infrastructure section.

5. A short explanation of the relationship of the two statutes with respect to the operation of the MPS could be provided for within the proposed plan‟s introductory sections or within the explanations of the relevant objectives and policies of these sections. For example, within the explanation of Policy FRZ.2 of section 3.5 Foridland/Rakiura Zone. Similar recognition via an Advice Note in the rule sections of the relevant zones would also provide clarity.

6. Meridian seeks the following relief:

a) Appropriate recognition and provision for MTADA‟s role in relation to the operation of the Manapouri Power Station within the relevant sections of the Plan by way of explanation to the relevant Introductory sections, explanations to relevant objectives and policies and Advice Notes within the introductory sections of the relevant rules;

b) That in order to not derogate from the provisions of MTADA, MPS-related activities are permitted under the district plan;

c) In addition to the above, the following relief is also sought: i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

1.0 Introduction

3 The Southland District

1. Meridian supports the recognition in Paragraph 2 of the introduction that the District supports a variety of infrastructure, including regionally significant infrastructure and has a range of renewable energy resources.

2. A wording amendment is sought so the reference is to renewable electricity generation resources rather than renewable energy. This change promotes greater consistency with the NPSREG.

3. Meridian seeks the following relief:

a) Amend paragraph 2 of the introduction to read:

………. Including regionally significant infrastructure and also has a range of renewable electricity generation resources and non-renewable energy and mineral resources potentially suitable for development.

b) In addition to the above, the following relief is also sought: i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.2 Biodiversity

4 Biodiversity Introduction

1. Meridian supports the introduction to the biodiversity provisions which recognises that the clearance and modification of indigenous vegetation may be appropriate in some circumstances. Also recognition of both regulatory and non-regulatory methods is supported.

2. Meridian recognises that the Council has yet to assess the significance of all areas of significant indigenous vegetation and habitats of significant indigenous fauna within the Southland District. This is similar to and consistent with the approach within the Proposed Regional Policy Statement for Southland.

3. Meridian seeks the following relief:

a) Retain the introduction to Section 2.2.

5 Objective BIO.1 and Policy BIO.1 and new Policy BIO.1(b)

1. Meridian supports Objective BIO.1 and is supportive in part of Policy BIO.1 that uses wording consistent with the relevant matters in the Section 6(c) of Resource Management Act.

2. However, Meridian is not supportive of the explanation to Policy.1 which identifies that indigenous flora and habitats of indigenous flora considered significant are those specified in the Statement of National Priorities for Protecting Rare and Threatened Indigenous Biodiversity on Private Land (MfE 2007).

3. This explanation reads as though it is a definition of what constitutes significant. It is not appropriate for such an important provision to be contained within an explanation to a policy. Also identifying that any matter specified in the Statement of National Priorities for Protecting Rare and Threatened Indigenous Biodiversity on Private Land (MfE 2007) being considered significant within the Southland District is not appropriate. These national priorities do not appropriately consider the specific context of the Southland District.

4. If reference to these national priorities are retained then they should be identified as a matter to be considered in determining what may or may not an area may be significant in the context of the Southland Distract rather than being the determining factor themselves.

5. Matters that are more appropriately addressed when determining significance are representativeness, rarity and distinctiveness, diversity and pattern, ecological context and functioning ecosystem processes.

6. Meridian seeks the following relief:

a) Retain Objective BIO.1 and Policy BIO.1.

b) Amend the explanation to Policy BIO.1 to read:

Indigenous flora and habitats of indigenous fauna considered significant are those determined in accordance with the criteria in Policy BIO1(b). Specified in the Statement of National Priorities for Protecting Rare and Threatened Indigenous Biodiversity on Private Land (MfE 2007).

The Ministry for the Environment and Department of Conservation Statement of the National Priorities for Protecting Rare and Threatened Native Biodiversity on Private Land 2007 identifies the following priorities:

National Priority 1: To protect indigenous vegetation associated with land environments, (defined by Land Environments of New Zealand at Level IV), that have 20% or less remaining in indigenous cover.

National Priority 2: To protect indigenous vegetation associated with sand dunes and

wetlands, ecosystem types that have become uncommon due to human activity.

National Priority 3: To protect indigenous vegetation associated with „originally rare‟ terrestrial ecosystem types not already covered by Priorities 1 and 2.

National Priority 4: To protect habitats of acutely and chronically threatened indigenous species.

c) Add a new Policy BIO.1(b) to read:

In determining significant indigenous vegetation or habitats of significant fauna consideration will be given to:  representativeness,  rarity and distinctiveness,  diversity and pattern;  ecological context, and  functioning ecosystem processes.

d) Add a new explanation to Policy BIO.1(b) that reads:

Consideration of the criteria in the policy will enable Council to assess the significance of the resource values in a consistent manner throughout the District. The policy framework enables Council to assess the attributes of a proposal and the significance of the affected resource on a case by case basis against identified criteria.

e) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

6 Rule BIO.1 3. Permitted Activities

1. Meridian supports Rule BIO.1 3. which enables clearance, modification or removal of indigenous vegetation where it is associated with the operation, maintenance, minor upgrading, repair or removal of any existing regionally significant infrastructure or existing renewable electricity facilities as a permitted activity.

2. The rule provides for minor but very important works to enable the on-going functioning of existing renewable electricity facilities.

3. Meridian seeks the following relief:

a) Retain Rule BIO.1 3.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

7 Rule BIO.3 Discretionary Activities

1. Meridian supports Rule BIO.3 which enables clearance, modification or removal of indigenous vegetation where it is provided as a permitted or controlled activity as a discretionary activity.

2. Discretionary activity status is appropriate. This enables the full range of values to be considered without limitation, and if necessary it allows a resource consent to be refused. This activity status combined with the objectives and policies is appropriate to give effect to Part II of the Resource Management Act.

3. Meridian seeks the following relief:

a) Retain Rule BIO.3

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.3 Natural Features and Landscapes

8 Objective NFL.2

1. Objective NFL.2 addresses Visual Amenity Landscapes. While it can be appropriate to recognise the values of these landscapes it is important that the District Plan provisions do not seek to preserve the status quo with respect to amenity values and visual qualities.

2. Policy NFL.2 which seeks to achieve Objective NFL.2 appropriately recognises that the outcomes sought is that appropriate integration between subdivision, land use and development is achieved within Visual Amenity Landscapes. It is considered that the objective could be better worded so that it and the policy are consistent. The change sought is also more consistent with the explanation to the objective and policy

3. Meridian seeks the following relief:

a) Amend the Objective NFL.2 as follows:

Within Visual Amenity Landscapes, sSubdivision, land use and development within Visual Amenity Landscapes is undertaken in a manner that maintains appropriately considers the amenity values and visual qualities of these areas.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

9 Explanation to Policy NFL.1

1. Policy NFL.1 is consistent with the matters in Section 6(b) of the RMA. However, it is considered the explanation does not accurately describe that it is protection from inappropriate subdivision use and development that is sought. The explanation is strongly worded and its wording is not reflective either of the policy it is supposed to be explaining nor is consistent with the matters in Section 6(b) of the RMA.

2. Meridian seeks the following relief:

a) Amend the explanation to Policy NFL.1 as follows:

Outstanding Natural features and landscapes throughout the District can be vulnerable to modification and destruction from inappropriate activities subdivision, use and development. Within areas identified as Outstanding Natural Features and Landscapes activities should be undertaken in a manner that avoids adverse effects on these landscapes and ensures their protection. It is expected that identified Outstanding Natural Features and Landscapes will not change significantly over time as a result of subdivision, land use and development. Particular consideration should be given to the design, siting and scale…………..

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

10 NFL Policy .3

1. Meridian is not supportive of this policy. This policy potentially is more restrictive on activities occurring in areas that have not been assessed then on areas that are identified as outstanding natural features and landscapes. This is not appropriate and is not necessary to achieve the relevant objectives.

2. The appropriate way of including Outstanding Natural Features and Landscapes or Visual Amenity Landscapes once they have been assessed is by way of a Plan Change. This enables all relevant information to be considered and allows appropriate public input.

3. This policy should be deleted.

4. Meridian seeks the following relief:

a) Delete Policy NFL .3

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.4 Coastal Environment

11 Coastal Environment Introduction

1. The introduction should reflect more enabling parts of the RMA particularly in relation to activities that have locational requirements to be established within the coastal environment.

2. The matters of national importance that are identified and the NZCPS and within the National Policy Statement for Electricity Generation recognise that there are activities that are properly need to be located within the coastal environment. Within the NZCPS the coastal environment is recognised as containing natural and physical resources of significant value, including renewable energy resources. Given that the resource value for renewable energy is recognised in two National Policy Statements it is appropriate for the Coastal Environment chapter to also recognise this.

3. Meridian seeks the following relief:

a) Amend introduction by adding the following :

The coastal environment also has characteristics and natural physical resources of significant value for a number of activities, including renewable energy resources.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

12 Objective CE.1

1. The concern with Objective CE.1 is that there is no consideration of the enabling parts of the RMA with respect to the coastal environment. This approach is not consistent with the New Zealand Coastal Policy Statement (NZCPS) nor with the NPSREG.

2. The current objective has no recognition of important infrastructure or regionally significant electricity facilities that due to locational needs must be located within the coastal environment. Further, some of the matters specified in the objective are not consistent with the outcomes sought in other chapters of the District Plan nor are they an accurate reflection of the matters contained in Part II of the RMA.

3. Policy CE.5 does recognise that a number of activities do need to be sited in the coastal environment. Given that there is only one objective relating to the Coastal Environment it is important for both the controlling and enabling matters to be addressed.

4. From a plan drafting perspective it is important that there is a clear relationship between objectives, policies and rules. Unless the objective is amended there is no clear link between the objective and Policy CE.5.

5. Meridian is not supportive of retaining clause 3 within the policy. It is considered that the management of Visual Amenity Landscapes does not require specific consideration with the coastal chapter.

6. Meridian seeks the following relief:

a) Amend Objective CE.1 to read:

Subdivision, land use and development in the Coastal Environment, occurs in an integrated and sustainable manner which: 1. Preserve the natural character of the coast coastal environment and protection of it from inappropriate subdivision use and development. 2. Protects Outstanding Natural Features and Landscapes from inappropriate subdivision use and development. 3. Maintains the visual Amenity Landscapes. 4. Recognises and provides for the importance of coastal resources to Maori 5. Provide for the protection items of historic heritage. 6. Protects areas of significant indigenous vegetation and significant habitats of indigenous fauna. 7. Takes into account coastal hazard risks.

8. Recognises that some infrastructure, such as the electricity generation and energy projects have a need to be located within the coastal environment.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

13 Policy CE.1

1. This policy is to avoid or mitigate adverse effects of subdivision, land use and development on the Coastal Environment. There is no rationale as to why the word remedy is not included within the policy. The Resource Management Act provides for a range of management opportunities when dealing with actual or potential effects including the ability to avoid, remedy and mitigate.

2. In addition it is considered that the policy would be more consistent with the objective if the qualifier of inappropriate was included.

3. The policy should be amended to reflect the options available in the RMA.

4. Meridian seeks the following relief:

a) Amend Policy .1 to read:

Avoid, remedy or mitigate the adverse effects of inappropriate subdivision, land use and development on the Coastal Environment.

(b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

14 Policy CE.5

1. Policy CE.5 appropriately recognises that some activities, including infrastructure and renewable electricity generation activities may need to be located within the Coastal Environment. This policy is supported and it consistent with the NZ CPS in the NPSREG.

2. Meridian seeks the following relief:

a) Retain Policy CE.5.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.6 Subdivision

15 Policy SUB.15 and Explanation

1. It is submitted that potential for reverse sensitivity effects should be a consideration when areas suitable for rural-residential subdivision are considered. For regionally significant infrastructure and renewable electricity generation activities significant investment has been made in the development of these facilities. The continued efficient and effective operation of such important activities should not be undermined through the provision of rural residential development in inappropriate locations.

2. While potential effects of reverse sensitivity is recognised within the energy chapter to ensure effective implementation this should be reflected within the subdivision chapter.

3. Policy SUB.15 addresses potential reverse sensitivity effects on transmission corridors and this can appropriately be extended to also include significant infrastructure and renewable electricity generation activities.

4. Changes sought to policy to make it clear that potential effects of reverse sensitivity is also a matter that will be considered when determining locations for rural-residential subdivision.

5. Meridian seeks the following relief:

a) Amend Policy SUB.15 by adding the following:

Avoid, remedy or mitigate reverse sensitivity effects on transmission corridors, significant infrastructure and renewable electricity generation activities.

b) Amend the explanation and reasons by adding the following as paragraph 2:

Given the high level of investment that has occurred for significant infrastructure and renewable electricity generation activities it is not appropriate to allow development that could undermine the effective continued operation of these activities.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.7 Natural Hazards

16 Policy NHZ.1

1. The inclusion of the words “wherever possible” within the policy is supported. The approach of seeking to avoid subdivision, use and development and placement of critical infrastructure in areas subject to significant risk from natural hazards is generally appropriate. However, it is important that the provisions enable activities that must by necessity be located in hazard areas. An example of this is structures associated with hydro-electricity generation being located in areas subject to potential flood hazards.

2. Meridian seeks the following relief:

a) Retain the words „wherever possible” within the Policy NHZ.1.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2. 9 Energy, Minerals and Infrastructure

17 Energy, Minerals and Infrastructure Introduction

1. Meridian supports the specific recognition in the introduction to this chapter to renewable energy. In particular, the specific recognition of the Manapouri Power Station and White Hill Wind Farm are appropriate as these are nationally important physical resources.

2. While a number of the provisions are generally supported it is considered that by making some additional changes the provisions would be improved. The approach in the Southland District Plan is to treat renewable electricity generation activities as a part of energy activities. Meridian is not opposed to this approach but considers this could be more clearly identified within the introduction to the Chapter.

3. The changes sought seek to ensure that the relationship within the plan between energy and renewable electricity generation is clear within the Plan.

4. Within Appendix 1 Meridian has provided a revised chapter that shows a revised chapter incorporating all of the submission points addressed in the individual submissions points 16-23.

5. Meridian seeks the following relief:

a) Amend Section 2.9 in accordance with Appendix 1.

b) Amend Section 2.9 introductory material to read:

………… Energy and Minerals Energy and mineral resources play a key role in the socio-economic wellbeing and growth of the District. A range of renewable and non-renewable energy and mineral resources suitable for development are located within the District. While the development of these resources and the generation of energy can provide wide-ranging benefits, they can also give rise to adverse environmental effects. Renewable energy resources provide significant opportunities for sustainable energy generation. The benefits of renewable energy are recognised by central government through the National Policy Statement for Renewable Electricity Generation 2011. Southland has existing wind and hydro electricity generation facilities located within the District including the Manapouri Power Station, Monowai Power Station and White Hill Wind Farm.

Renewable Electricity Generation Within this Plan renewable electricity generation activities are considered as part of the objectives, policies and other provisions addressing energy.

Renewable Electricity Generation activities and the natural resources these activities rely upon are important resources within the Southland District. Resources for the generation of renewable electricity provide significant opportunities for sustainable electricity generation within the District. The benefits of renewable electricity generation are recognised by central government through the National Policy Statement for Renewable Electricity Generation 2011. Southland has existing wind and hydro electricity generation facilities located within the District including the Manapouri Power Station, Monowai Power Station and White Hill Wind Farm.

Renewable Electricity Generation has a key role in the socio-economic wellbeing and growth of the District. A range of resources suitable for the development of renewable electricity generation activities are available within the District. While the development of these resources for the generation of electricity can provide wide ranging benefits they can also give rise to adverse environmental effects which need to be managed.

Infrastructure ……………….

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

18 Policy ENGM.1 and New Policy ENGM.X

1. Meridian supports the approach of providing for the investigation and development of renewable electricity resources within the policy. However a change is sought to Policy ENGM.1. The current policy addresses both existing facilities and new facilities. Meridian considers that this policy would be better split into two separate policies, the first addressing new facilities and the second existing facilities. Existing facilities

already form part of the existing environment and the management response required these activities in a District Plan should be different than for the establishment of a new activity. Splitting the policy will provide greater clarity and will better implement the relevant objective.

2. Meridian seeks the following relief:

a) Amend Policy ENGM.1 to so that it addresses new activities to read:

Policy ENGM.1

Provide for the investigation and development of renewable electricity resources and non-renewable energy and mineral resources and the operation, maintenance and upgrade of associated energy generation facilities whilst avoiding, remedying or mitigating adverse effects on the environment.

b) Add a new policy and explanation to specifically address existing renewable generation activities to read:

New Policy ENGM.X

To enable the operation, maintenance, repowering, upgrade and development of existing renewable electricity generation activities.

Explanation: There are existing renewable electricity generation activities within the Southland District. To give effect to the National Policy Statement for Renewable Electricity Generation it is important that the generation capacity from these facilities can be maintained. This policy will provide for these existing activities to continue within the District.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

19 Policy ENGM.2 and Explanation

1. Meridian generally supports Policy ENGM.2. The policy recognises the importance of these activities and in so far as it applies to renewable electricity generation activities is reflective of the National Policy Statement for Renewable Electricity Generation. It is considered that a minor wording change should be made to specifically introduce the wording, including renewable energy. This is consistent with the approach in other policies and is consistent with the explanation.

2. The specific recognition of the NPSREG in the explanation to the policy is supported.

3. Meridian seeks the following relief:

a) Amend Policy ENGM.2 to read:

Recognise the local, regional and national benefits associated with the development of energy and mineral resources and the generation of electricity, including renewable energy.

b) Retain the recognition of the NPSREG in the explanation of the policy.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

20 Policy ENGM.3 and Explanation

1. Meridian supports the policy approach that recognises that activities can have a functional, technical or operational requirement to be sited at a particular location. This is of particular importance to Renewable Electricity Generation Activities which must be based where the natural resource is available. It is considered that a minor wording change should be made to specifically introduce the wording, including renewable energy. This is consistent with the approach in other policies.

2. A minor change is sought to the explanation to provide additional recognition of the relationship between a renewable electricity generation activity and the natural resource it is reliant upon.

3. The policy and the change sought to the explanation do give effect to the NPSREG.

4. Meridian seeks the following relief:

a) Amend Policy ENGM.3 to read:

Recognise that development of energy and mineral resources and the generation of electricity, including renewable energy can have a functional, technical or operation requirements to be sited at a particular location.

b) Amend the explanation by adding the following as a new paragraph between current paragraph one and two:

Renewable electricity generation facilities must be located where the natural resource exists.

c) In addition to the above, the following relief is also sought:

iii. Any additional or alternative relief that achieves the same or similar outcome; iv. Consequential or ancillary changes to the above.

21 Policy ENGM.4

1. Meridian supports Policy ENGM.4. The policy recognises the importance of managing reverse sensitivity effects. In so far as it applies to renewable electricity generation activities is reflective of the National Policy Statement for Renewable Electricity Generation.

2. Meridian seeks the following relief:

a) Retain Policy ENGM.4

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

22 Policy ENGM.5 and Explanation

1. Meridian generally supports the policy approach of recognising and providing for the development, operation, maintenance and upgrading new and existing renewable electricity generation activities. Changes are sought to the wording of the policy to provide greater clarify and assist in its implementation.

2. An addition should be made to the explanation to specifically recognise that to meet the government targets for renewable electricity generation it is necessary for both the current electricity generation capacity to be retained as well as needing the development of additional electricity generation activities. Specific recognition of this would provide a better context for the policy.

3. The change sought to the policy and explanation does give effect to the NPSREG.

4. Meridian seeks the following relief:

a) Retain Policy ENGM.5 as follows:

Policy ENGM.5 Recognise and provide for the development, operation, maintenance, repowering and upgrading of new and existing renewable electricity generation activities, in a matter that whilst: 1. Acknowledging Recognises the need to locate renewable electricity generation activities where the renewable electricity resources are available. 2. Acknowledging Recognises logistical and technical practicalities associated with developing, upgrading, operating and maintaining renewable electricity generation activities. 3. Encouragesing, facilitatesing and providesing for research and exploratory-scale investigations into existing and emerging renewable electricity generation technologies and methods.

b) Amend the explanation by adding the following:

Explanation: The benefits associated with renewable electricity resources are widely recognised and the development of renewable electricity resources and associated renewable electricity generation must be promoted. This supports the Government‟s target of increasing the percentage of electricity generated by renewable energy by 2025. To achieve this target it will be necessary for both the current electricity generation capacity to be retained as well as needing the development of additional electricity generation activities. Consideration To achieve the targets it is necessary to provide for should be given to the development, operation, maintenance and upgrading of new and existing renewable resources including wind, hydro electricity, solar, biomass, geothermal, tidal, wave and ocean current energy resources.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

23 Policy ENGM.6

1. Meridian supports Policy ENGM.6. The policy recognises the importance of small and community-scale renewable electricity generation. This is reflective of the National Policy Statement for Renewable Electricity Generation.

2. Meridian seeks the following relief:

a) Retain Policy ENGM.6

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

24 Policy INF.1 Explanation

1. Meridian generally supports the policy approach. A change is sought to the explanation to identify that adverse effects on amenity values are to be appropriate managed provides a better context of understanding the provisions in relation to amenity values.

2. The change sought to the policy and explanation does give effect to the NPSREG.

3. Meridian seeks the following relief:

a) Amend the second sentence in the explanation to Policy INF.1 to read:

Adverse effects on amenity values should be appropriately managed avoided, remedied or mitigated.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

25 Policy INF.4

1. The use of the term „avoided‟ within the policy is a strong word within a policy. While it is appropriate to try to avoid activities having implications for climate change and natural hazards for some infrastructure activities avoiding hazard areas cannot be achieved.

2. For hydro generation activities is not possible nor is it feasible for infrastructure to be avoided in places of natural hazard, particular flood hazard. While this has been recognised within the explanation to the policy this needs to be in the policy itself.

3. Meridian seeks the following relief:

a) Amend Policy INF.4 to read:

Infrastructure, particularly regionally significant infrastructure, should be located so that the effects of climate change and natural hazards are avoided

unless there is a technical requirement for the infrastructure to be located in an area subject to natural hazards.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

26 Rules INF.1 – Permitted Activities

1. A consequential amendment is required to Rule INF.1 Permitted activities as a consequence of a submission by Meridian on Rule Rural.1-19. Rule Rural .1-19 provides for Investigation and Assessment Works associated with Electricity Generation Projects. To ensure that inconsistencies between the rules relation to electricity generation activities in various chapters it is important that an exemption be included under Rule INF.1. This will ensure that the District Plan is internally consistent and is capable of being effectively implemented.

2. Meridian seeks the following relief:

a) Amend Rule INF.1 Permitted Activities – 7 by adding the following:

(j) Investigation and Assessment Works for Electricity Generation Projects provided under Rule Rural.1-19.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.11 Noise

27 Rule NSE.9 Noise from Wind Turbines

1. Rule NSE.9 providing for noise from wind turbines as a permitted activity where they comply with NZS 6808:2010 Acoustics – Wind Farm Noise is supported. This standard has been specifically developed to address wind farm noise and the rule reflecting this is appropriate.

2. Meridian also supports that if compliance cannot be achieved that the matter be considered as a discretionary activity.

3. To ensure that the provisions within the Noise Chapter are able to be implemented effectively and consistently a minor change is sought to Rules NSE.2 and NSE.3. To

ensure that Wind farm sound shall be measured and assessed in accordance with the most appropriate standard. This matter is addressed in Submission Point 18 following.

4. Meridian seeks the following relief:

a) Retain Rule NSE.9.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

28 Rule NSE.2 General Standards and Rule NSE.3 2. Noise standards

1. As identified above Rule NSE.9 providing for noise from wind turbines as a permitted activity where they comply with NZS 6808:2010 Acoustics – Wind Farm Noise is supported. However, to ensure that the District Plan is capable of effective and consistent implementation Rules NSE2 and NSE.3-2 should be amended to exempt wind farm sound from complying with the limits specified in the general standards for noise and Table NSE.3. Without a specific exemption then it is possible to read the District Plan as both the general noise standards, the noise standards in Table NSE.3 and the NZS 6808:2010 Acoustics – Wind Farms specified in Rule 9 all apply. This is clearly not the intent.

2. While an exemption is provided in Clause NSE.1 – 1 for Rules NSE.4 to NSE.11 this is not sufficient to remove all potential inconsistencies. An exemption is also necessary in Rule NSE.2 and Rule NSE.3 -2. The District Plan should be clear that not all noise measurements should be undertaken in accordance with NZS6801:2008 Acoustics – Measurement of Environmental Sound and NZS 6802:2008 Acoustics – Environmental Noise.

3. Meridian seeks the following relief:

a) Amend Rule NSE.2 to provide an exemption from wind farm sound from complying with the general standards for measuring sound:

Noise Measurement – Noise levels shall be measured and assessed in accordance with NZS6801:2008 Acoustics – Measurement of Environmental Sound and NZS 6802:2008 Acoustics – Environmental Noise except as provided in Rule NSE.3(2) and Rule NSE.4 to Rule NSE.11.

b) Amend Rule NSE.3 -2 to provide an exemption from wind farm sound from complying with the limits specified in Table NES.3 by adding:

(e) Wind farm noise which is covered in Rule NSE.9

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

29 Rule NSE.13 Construction Noise Turbines

1. Rule NSE.13 providing that construction noise comply with NZS 6803:1999 Acoustics – Construction noise is supported. It is considered that if compliances with this standard is not achieved then it should be specified that a consent should be provided for as a discretionary activity.

2. Meridian seeks the following relief:

a) Retain Rule NSE.13 but add the following as a new paragraph of the rule:

Construction noise that does not comply with Rule NSE.13 shall be a Discretionary Activity.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.13 Water and Surface Water

30 Policy SWA.1 and Rule SWA.2

1. The specific recognition in Policy SWA.1 7 – in recognising that surface water activities should be undertaken in a manner that does not impact on regionally significant infrastructure is supported. This is an appropriate consideration and is consistent with the matters for consideration within the objectives and policies in the District Plan. In considering the provision, the wording could be improved by also adding the words „nationally and/or‟ before the word regionally. This way the policy appropriately applies to both nationally and regionally significant infrastructure.

2. Providing for consideration of effects on significant infrastructure facilities located within or near water bodies as a matter of discretion is also important and will enable the effective implementation of the policy.

3. Meridian seeks the following relief:

a) Retain Policy SWA.1 with one amendment being item 7 be amended to read:

“7. Does not impact on nationally and/or regionally significant infrastructure.”

b) Retain Rule SWA2. Item 9 one amendment being item 9 be amended to read:

“9. Effects on significant national and/or regional infrastructure facilities located within or near water bodies.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

2.14 Financial Contributions

31 Rule Fin.1 General Rule - Financial Contributions

1. Meridian is concerned with the potential clarity of the rules and how they apply to non- residential buildings. While Part A Purpose of Financial Contributions in items (1. And 2.) make it clear that the purpose of a financial contribution is to offset the effects, or to secure environmental compensation on roading and reserve infrastructure – this relationship is not as clear within Part B.

2. Where an activity creates effects on roading or reserve infrastructure, or where an activity will result in additional demand on or for this infrastructure it is appropriate to enable consideration of a financial contribution. However, particularly in relation to reserves there are a number of activities, such as infrastructure activities that do not impact on existing reserve infrastructure, nor does it increase the demand for additional reserves. In these circumstances it is not appropriate for a reserve contribution to be taken.

3. This important link has not been carried through into matter B.2 3 when addressing new non-residential building floor area created. While in some circumstances where non-residential buildings do generate additional demand and need for reserves, there are many circumstances where this is the not the case. Infrastructure activities are an example of this where it is very unlikely that the development of buildings associated with these activities will result in effects on reserve infrastructure, or will impact on the demand for reserves.

4. Section B2 3. Should be clarified to ensure that a cash contribution will only be taken where it is demonstrated that the non-residential building will result in a demand for additional reserve requirements.

5. Not to clearly link the activity and the need for reserves means that the provisions are uncertain and are not consistent with the Purpose of Financial Contributions in Part A.

6. Meridian seeks the following relief:

a) Amend B.2 Reserves point .3 as follows:

Cash equivalent of the value of 4 m2 of land for each additional 100m2 of new, net non-residential, building floor area created, at the time of building consent, less any contribution made at the time of previous subdivision within the preceding five years. This cash contribution is only required in circumstances where the non-residential building results in adverse effects on reserve infrastructure that is to be offset, or results in adverse effects on reserve infrastructure associated with the development that have not otherwise been avoided, remedied or mitigated.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

3.1 Rural

32 Rural Introduction

1. The introduction to the Rural Zone identifies that the Rural Zone provides for a range of land uses but predominantly supports farming related activities.

2. It is considered that the introduction to the Rural Zone could be improved if some examples of the range of activities occurring were provided. This would provide a more appropriate context for the provisions that follow, particularly the rules.

3. Meridian seeks the following relief:

a) Amend the first sentence of the introduction to read:

The District‟s rural areas, defined as the Rural Zone, provide for a range of land uses but predominantly support farming related activities. The District‟s rural areas, defined as the Rural Zone, predominantly supports farming related activities but also provides for a range of land uses, such as infrastructure activities and renewable electricity generation activities. The character of the rural area is one where there is a mix of activities that require a rural location.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

33 Objective Rural .2 and Policy Rural.2

1. It is important that the provisions within the Rural Zone are not read in a manner that seeks to preserve the status quo with respect to amenity values and character. The character of the rural area is a mix of open space, actively management environments, and includes a range of activities that require a rural location. Currently Objective Rural.2 and Policy Rural.2 can be read in a manner that the Plan is not seeking to enable activities that meet the purpose of the Resource Management Act.

2. In particular it is considered that these policies are not appropriate. While consideration of rural character and amenity is important this should not exclude appropriate changes to the existing environment to be made such activities are appropriate and valid components of the rural environment.

3. The reference to landscapes within this policy is unnecessary. Relevant matters and provisions are already included within Section 2.3 of the Plan. Deletion of the reference to landscape is also more consistent with the wording of Objective Rural.2.

4. Meridian seeks the following relief:

a) Amend Objective Rural.2 to read:

To manage new activities so that they are compatible with The rural character and amenity values of the Rural Zone shall be maintained.

b) Amend policy Rural.2 to read:

Manage subdivision, land use and development in a manner that maintains or enhances rural character and amenity and landscapes while enabling appropriate activities that are reliant on the rural environment to be established.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

34 Rule Rural .1 Permitted Activities - Matter 17

1. This rule providing for the operation refurbishment enhancement and minor upgrading of existing energy facilities as a permitted activity is generally supported. That part of the rule restricting any external modification is unnecessarily restrictive. The requirement that there be no external modification is not supported. External modification could be interpreted to restrict any work such as painting and minor refurbishment works, including replacing defective materials externally on the existing structures. This is not appropriate.

2. The scale of works that can be undertaken in accordance with this rule are limited. The provision relating to “no external modification” is not necessary.

3. Meridian seeks the following relief:

a) Amend rule 17. to read:

7.Existing Energy Facilities The operation, maintenance, refurbishment, enhancement and minor upgrading of any existing energy facilities are permitted activities provided no external modification is undertaken.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

35 Rule Rural .1 Permitted Activities – New Rule

1. A new rule is sought that would provide for investigation and assessment works for electricity generation projects. This rule will implement the policies within the Energy Chapter which recognise there is potential for and a need for additional generation activities.

2. Investigation and assessment works are necessary to determine whether the natural resource values are likely to be suitable for potential development. The investigation and monitoring works are temporary in nature and any actual effects are able to be effectively managed through the use of permitted activity conditions.

3. Such a rule will provide for the effective implementation of the policies within the District Plan.

4. Meridian seeks the following relief:

a) Insert a new Rule into Rule Rural.1 19 to read:

19. Investigation and Assessment Works for Electricity Generation Projects The following activities undertaken for the identification and assessment of potential sites and energy sources for renewable electricity generation and research-scale investigation into existing and emerging renewable electricity generation technologies and methods are permitted activities:

(i) The erection of meteorological masts that do not exceed 100 metres in height; (ii) Digging test pits, drilling boreholes, constructing investigation drives and removing samples to investigate geological conditions; (iii) The installation of instruments into drill holes for monitoring groundwater levels and land movement; (iv) Erecting survey monuments and installing instruments to monitor land movement; (v) Installing flumes and weirs to measure water flows;

(vi) Erecting telemetry stations for the transmission of instrument data; (vii) Installing microseismic stations to measure microseismic activity and ground noise; (viii) Erection of signs or notices giving warning of danger; (ix) Construction and maintenance of access tracks and roads to any investigation and assessment sites and facilities;

except: • this activity is not undertaken in an area of Outstanding Natural Features and Landscapes • the activity does not affect any items listed in the Historic Heritage Schedule 5.2

Providing that:

(a) At the end of the investigation or assessment period, any ground disturbed by such activities shall be reinstated to a condition no less than that which existed prior to the commencement of the work (b) No such investigation or assessment period shall exceed five (5) years; (c) All equipment and structures shall be removed at the end of the investigation or assessment period and the site shall be restored and rehabilitated to a condition no less than that which existed prior to the works commencing.

b) Activities provided for in Rule Rural.1 19 do not need to comply with Rule Rural.7 General Rural Standards.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

36 Rule Rural .4 Discretionary Activities – New Rule

1. The current rules are as clear as they could be with respect to the activity status for renewable electricity generation activities that are not a permitted activity.

2. Given the NZREG and the specific objectives and policies that seek to provide for these activities in the District Plan it is appropriate that a specific rules be added into the District Plan as a discretionary activity. The submissions not seek to change the activity status only to make it clear what the activity status for a renewable electricity generation activity that is not permitted activity is.

3. This approach will mean that it is clear to all parties as to how any resource consent application will be evaluated. Discretionary activity status is appropriate as it provides for a full range of actual or potential effects and resource values to be considered. If necessary it also provides the ability for an application to be declined.

4. Such a rule will provide for the effective implementation of the objectives and policies within the District Plan.

5. Meridian seeks the following relief:

a) Insert a new Rule into Rule Rural.4 3. to read:

3. New Renewable Electricity Generation Facilities Any activity that involves or is associated with the construction and commissioning of a new renewable electricity generation facility is a discretionary activity.

For the purposes of this rule “construction and commissioning” activities includes those activities directly involved with the building and operation of a new renewable electricity generation facility. This includes site preparation, earthworks, quarrying, concrete batching, development and erection of buildings plant construction, road construction and widening, traffic generation, reservoir formation, clearance or inundation of vegetation, but specifically excludes all investigative activities which are addressed in (new Rule 4.19).

b) Activities provided for in Rule Rural.4 3 do not need to comply with Rule Rural.7 General Rural Standards.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

37 Rule Rural .5 Non-Complying Activities

1. The application of the rule providing for activities as non-complying activities requires clarification with respect to the use of the term building and how this applies to renewable electricity generation activities.

2. As sought in submission point 26 it is appropriate for new renewable electricity generation activities to be a discretionary activity. This will enable the full range of values within the District Plan, and Part II of the Act along with the NPSREG to be considered. This activity status also enables consent to be declined if necessary. This includes being able to consider implications in relation to Outstanding Natural Features and Landscapes and Visual Amenity Landscapes.

3. A change is sought to Rule Rural.5 to make it clear that activities associated with new renewable electricity generation activities are not a non-complying activity. Given the NZREG and the specific objectives and policies that seek to provide for these activities in the District Plan it is appropriate that this change be made.

4. Meridian seeks the following relief:

a) Amend Rule Rural .5 – Non-Complying Activities to read:

Other than provided in Rule Rural.4-3. Bbuildings to be erected in an area …..

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

3.5 Fiordland/Rakiura Zone

38 Fiordland/Rakiura Zone Introduction

1. The recognition in the introduction of the existence of the Manapouri Power Station and State Highway 94 as regionally significant infrastructure within the Fiordland National Park is supported.

2. It is important that the introduction provides accurate and appropriate context for the provisions that follow within the District Plan. It is considered that it may be beneficial to recognise that both these activities are both nationally and regionally significant.

3. Meridian seeks the following relief:

a) Retain paragraph two of the introduction subject to the following amendment to the first sentence so that it reads:

“In contrast to Rakiura National Park, Fiordland National part supports nationally and regionally significant infrastructure.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

3.5 Fiordland/Rakiura Zone

39 Explanation to Policy FRZ.8

1. The explanation to the policy should be reworded to be more consistent with the policy. In addition the explanation would be better if specific recognition were provide to the existing infrastructure and renewable electricity generation activities that are already located within the Fiordland National Park.

2. Meridian seeks the following relief:

a) Amend the explanation to Policy FRZ.8 to read:

Explanation: Infrastructure, particularly regionally significant infrastructure and renewable electricity generation facilities fulfill a key role in the functioning

of the District and may have a functional, technical or operational requirement to be sited within the Fiordland/Rakiura Zone. These types of development and land use activities can give rise to adverse effects on the environment, including effects on natural character, landscape and ecological values. They can also potentially compromise the outstanding natural and wilderness qualities of the Fiordland, Rakiura and Mt Aspiring National Parks. These development and land use proposals should demonstrate need to be located within the Fiordland/Rakiura Zone and an examination of alternative locations should be undertaken. It is recognised that State Highway 8 and the Manapouri Power Scheme are already established and form part of the existing environment within the Fiordland/Rakiura Zone.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

40 Rule FRZ.1 – Permitted Activities

1. Providing for existing renewable electricity facilities as a permitted activity is supported. This appropriately recognises the existing environment and gives effect to the NPSREG and implements the objectives and policies of this District Plan.

2. Meridian seeks the following relief:

a) Retain Rule FRZ.1 – 2.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

41 Rule FRZ.3 – Discretionary Activities

1. Given the NPSREG and the objectives and policies within the District Plan it is considered that any works associated or complementary to an existing renewable electricity generation activities that does not fall within consideration as a permitted activity should be provided for as a discretionary activity. This status is appropriate as it provides for a full range of matters to be considered and also enables any resource consent to be declined.

2. Meridian seeks the following relief:

a) Amend Rule FRZ.3 by adding: Any works associated with an existing renewable electricity generation facility that is not provided for as a permitted activity.

b) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.

4 Definitions

42 Definition Minor Upgrading

1. The definition of minor upgrading in relation to existing energy facilities has been excluded from the notified District Plan.

2. The term minor upgrading is a term used in many District and Regional plans. This term often is not specifically defined. It is left to the natural meaning to guide the interpretation.

3. Either the heading should be deleted or a definition be provided

4. Meridian seeks the following relief:

a) Delete the heading „minor upgrading from the District Plan of Infrastructure in the District Plan

b) Insert a definition to read:

Minor Upgrading (in relation to existing energy facilities) – means modification of an energy facility including structures and associated earthworks and site works where the effects of that utility remain the same or similar in character, and scale. Minor upgrading includes the replacement of a structure in the same location, and replacement of parts such structures.

c) In addition to the above, the following relief is also sought:

i. Any additional or alternative relief that achieves the same or similar outcome; ii. Consequential or ancillary changes to the above.