Wellington Electricity Lines Ltd
2
Submission on the Wellington Town Belt Bill
__________________________________________________________________
To:
Local Government and Environment Select Committee
Parliament Buildings
Wellington
Name:
Wellington Electricity Lines Limited
PO Box 31049
Lower Hutt 5040
Introduction
1.
Wellington Electricity Lines Limited (Wellington Electricity) is the local
electricity distribution company in the Wellington region.
2.
Wellington Electricity's distribution network covers an area from the
southern most points of the North Island out to Pukerua Bay on the
coast and Kaitoke to the north. The network distributes electricity from
exit points on the National Grid to about 166,000 electricity consumers;
including businesses, essential services, and households.
3.
Wellington Electricity’s distribution network is regionally significant
infrastructure and the continued operation of its network is essential for
providing Wellington with a reliable supply of electricity. It is also
important that Wellington Electricity has the ability to reinstate critical
parts of the network unhindered in the event of a natural disaster.
4.
Part of Wellington Electricity’s distribution network is located within
Wellington’s Town Belt, and Wellington Electricity considers it likely that
it will need to install new infrastructure on land within the Town Belt in
the future.
5.
Wellington Electricity’s ability to operate, maintain and develop its
network in part relies on unambiguous, efficient and effective
procedures for coordinating its activities with the relevant land owner’s
expectations.
6.
Wellington Electricity understands the intent of the Bill will change the
legal framework for the Town Belt land, and will introduce a modern
regime for the day to day management of land use activities within the
Town Belt.
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
7.
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Wellington Electricity therefore supports the intent of the Bill providing
the provisions do not prevent or hinder its ability to operate, maintain,
recover and develop an electricity distribution network that is fit for
purpose, and provides an essential service.
Key Issue – Existing Infrastructure
8.
Wellington Electricity has existing infrastructure located on the land to
which Schedules 2 – 6 of the Bill refer. This infrastructure and the land
upon which it is located is shown on the maps included in Attachment
A to this submission.
9.
Wellington Electricity’s Palm Grove substation and the underground 33
kV cable connecting it to Transpower’s Central Park substation are key
components of the network supplying electricity to the eastern part of
the City. The Palm Grove substation and a 900 metre long section of
the 33 kV cable between the substation and Finnimore Terrace are
located on land within the Town Belt (McAllister Park).
10.
Wellington Electricity’s existing infrastructure is lawfully established in
terms of planning law [under sections 9(3) and 10 of the Resource
Management Act 1991], and in terms of any related property
considerations in terms of Part 3 of the Electricity Act 1992.
11.
Wellington Electricity submits that the provisions of the Bill must not
denigrate from these existing rights.
Key Issue – New Infrastructure
12.
Wellington Electricity does not have any specific plans to upgrade its
network by constructing new distribution lines on land within the Town
Belt. Nonetheless, it would be inappropriate for this option to be
foreclosed. Open space land in public ownership often provides for
more direct, and therefore more cost effective, routes, or in some
instances there may be no other alternative available.
13.
New under-ground distribution cables are able to be installed with
minimal land disturbance or disruption to the recreational activities,
and with the land’s overall value not being diminished.
14.
Wellington Electricity submits that the provisions of the Bill should ensure
that the Town Belt is able to be used for appropriate in-ground
infrastructure.
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Wellington Electricity Lines Ltd
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Key Issue – Critical Lines
15.
Wellington Electricity is a lifeline utility in the context of the Civil
Defence Emergency Management Act (the CDEMA) 2002 which
defines these as being businesses providing essential services to the
community and required during the response and recovery phases of
an emergency, and more specifically includes a business that
“distributes electricity through a network”.
16.
As a lifeline utility Wellington Electricity has certain statutory duties as
specified in section 60 of the CDEMA. It is required to: “ensure that it is
able to function to the fullest possible extent, even though this may be
at a reduced level, during and after an emergency.”1
17.
Two major fault lines (Ohariu Fault and Wellington Fault) run the entire
length of Wellington Electricity’s system network. Wellington Electricity is
thus developing a resilience strategy to address this seismic risk by
being able to function to the fullest extent possible during and after an
emergency. More specifically Wellington Electricity is planning the
design and location of temporary overhead 33,000 V (33 kV) lines that
can be erected following a major earthquake and associated seismic
damage to underground cables, so supply to the CBD and eastern
suburbs (including Wellington Airport and Wellington Hospital) can be
promptly restored. The work required to establish these temporary
networks will comprise: forming access, vegetation trimming or
removal, forming foundation, erecting poles and stringing the
overhead conductors.
18.
Wellington Electricity’s preferred routes for these temporary overhead
lines partly occupy Town Belt land. This infrastructure and the land
upon which it is located is shown on the maps included in Attachment
B to this submission. These are the preferred routes due to the ease of
access and construction due to the largely vacant land areas.
19.
In this respect it is noted that the February 2011 Canterbury earthquake
resulted in about one-half of Orion Network’s 60 km long network of 66
kV cable being damaged. The earthquake response was significantly
aided by Orion being able to erect two temporary high voltage lines
within one week. These two lines have provided electricity to over
20,000 home in the eastern suburbs of Christchurch for over 4 years and
are only now due to be removed later this year.
1
Section 60(a) of the Defence Emergency Management Act 2002
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
20.
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Wellington Electricity submits that in order to meet its statutory duties
under the CDEMA, together with the public benefit, allowing
temporary occupation of Town Belt land for this purpose must be
accommodated, and that the provisions of the Bill must specifically
permit this installation and operation as a temporary and critical
activity.
Key Clauses of the Bill
21.
In respect of the issues identified above Wellington Electricity provides
the following commentary about the related clauses of the Bill.
22.
Clauses 13 and 20 – Restrictions on the Council’s Powers
Under Clause 13 of the Bill the Council is not able to:

grant any easement, lease, or licence “other than in
accordance with sections, 16, 17, 19 or 20 ..”;2 or,

authorise any business activity “other than in accordance with
Section 18 to 20.”3
Clause 20(1) of the Bill – Public Services – reads:
(1)
Despite anything in this Act, the Council may, on any conditions
that it considers appropriate, grant easements, leases, and
licences and authorise business activities in respect of the
Wellington Town Belt for public services and sections 16 to 18 do
not apply.
Clause 5 defines ‘public services’ as follows:
public services means, irrespective of public or private
ownership, network infrastructure that is, in the public interest,
necessary for—
(a)
the distribution or transmission of energy (including an
electrical installation or work as defined in section 2 of the
Electricity Act 1992 and a distribution system as defined in
section 2 of the Gas Act 1992); and
(b)
the provision of telecommunications services; and
(c)
the provision of water, wastewater, and stormwater
services
The operation, maintenance and upgrade of Wellington Electricity’s
network is a ‘public service’ as defined in Clause 5 of the Bill and
2
3
Clause 13(b) of the Bill
Clause 13(c) of the Bill
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
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accordingly the Council is able to grant property rights to it [under
Clause 13(b)] and authorise its activities [under Clause 13(c)].
Wellington Electricity supports these provisions of the Bill as far as they
relate to its existing network and any future upgrades.
Wellington Electricity’s occupation of Town Belt land by erecting a
temporary overhead line for emergency purposes is also a ‘public
service’ as defined in Clause 5 of the Bill, and the Council is able to
authorise that activity [under Clause 13(c)].
However, Clause 20(2) of the Bill requires the Council to adopt an
assessment process before it authorises such an activity. Clause 20(2)
requires the Council to consider (a)
(b)
the effect on the Wellington Town Belt of the proposed
public service; and
alternative sites, routes, or other methods for achieving the
objectives of the proposed public service.
Wellington Electricity submits the evaluation process to which Clause
20(2) of the Bill refers could introduce life-threatening delays, and
accordingly emergency work of this nature should be exempt so long
as the work accords with:

its emergency management plan prepared under section 60(b)
of the Civil Defence Emergency Management Act (2002); or,

a formal agreement between Wellington Electricity and the
Council.
Wellington Electricity seeks an amendment to these provisions to
ensure that procedures and processes under the Bill do not impede its
ability to undertake emergency work.
23.
Clauses 18(1) and 5 – Temporary Business Activities
Clause 18(1) [Business Activities] reads:
(1)
The Council must not authorise a business activity (including
under an easement, lease or licence) on the Wellington Town
Belt unless—
(a)
the activity is temporary, and any effect of the activity on
the Wellington Town Belt and the public will be no more
than minor;
Clause 5 defines ‘temporary’ as follows:
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
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Temporary, in relation to an activity, means an activity that—
(a)
is of a non-repetitive, transient nature; and
(b)
does not exceed four weeks’ duration; and
(c)
does not involve the construction of permanent structures
or facilities.
Wellington Electricity believes that a realistic post-earthquake scenario
will require temporary overhead lines in accordance with its resilience
strategy to be in place for longer than four weeks. However,
Wellington Electricity’s business is a ‘public service’, and therefore these
provisions of the Bill do not apply to the operation, maintenance and
upgrade of its network.
Wellington Electricity supports this delineation between a business
activity and a public service.
However, in the case of Wellington Electricity there is an overlap
between the definition of ‘business activity’ and the definition of
‘public service, and it would be beneficial if any confusion in this
respect was avoided. Accordingly, Wellington Electricity submits that
the definition of ‘business activity’ should be amended to confirm that
it does not include an activity defined as a ‘public service’.
24.
Clause 15 – Consultation
Under Clause 15(4) of the Bill, before the Council exercises its power to
grant an easement, lease or licence under Clause 20:
(4)
The Council must consider the views of the public and persons
likely to be affected by, or to have an interest in, the proposed
exercise of the power, including by —
(a)
making information on the proposed exercise of the power
publicly available and inviting submissions on it; and
(b)
taking into account all submissions made on the proposed
exercise of the power.
Wellington Electricity does not support this provision of the Bill as far as
they relate to its existing network and any future upgrades or
emergency recovery.
Wellington Electricity submits that the Council can appropriately
manage the granting of property rights without the need for the
process to be opened to public notification and submissions.
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
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Wellington Electricity agrees that a public process can, depending on
the circumstances, result in better decisions about resource
management issues. However, that is already provided for under the
provisions of the Resource Management Act. Wellington Electricity
sees no benefit in duplicating regulation in this regard.
25.
Clause 26 – Existing Rights
Clause 26(1)(e) confirms that:
This Act does not affect …. any public service that is lawfully
established on the Wellington Town Belt.
Furthermore, Clause 26(2) confirms that:
(2)
This Act does not affect the operation of any law that confers
rights to access, operate, inspect, maintain, replace or upgrade
public services
Some of Wellington Electricity’s existing rights relate to section 24 of the
Electricity Act 1992 which allow it to: “ … construct and maintain works
in, on, along, over, across, or under any road ..”.
Schedule 2 lists several parcels of land that are currently road but will
become Town Belt land, while some land parcels that are currently
part of the Town Belt and are to become road are listed in Schedule 3.
In addition, land that will not be Town Belt but local purpose reserve is
described in Schedule 4.
Wellington Electricity has reconciled these specific parcels of land with
its records about asset location. Having done so Wellington Electricity
confirms it has assets located within:

road that will become Town Belt (Schedule 2);

Town Belt that will become road (Schedule 3); and,

within Town Belt that will become local purpose reserve
(Schedule 4).
Wellington Electricity needs to be assured that any redefinition of these
parcels of land will not denigrate its rights in terms of section 24 of the
Electricity Act (in the case of road to be stopped) or introduce doubts
about the applicability of the provisions of the Electricity Act (in the
case of new road).
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
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Wellington Electricity submits that the provisions of the Bill must
recognise Wellington Electricity’s existing rights to operate and
maintain the parts of its existing network within Town Belt.
Conclusion and Recommendations
26.
Wellington Electricity is the electricity distribution business that owns
and operates the network within Wellington, Porirua and Hutt Valley.
Some of Wellington Electricity’s network occupies land in the Town Belt
and it is possible that future upgrades and emergency work will also be
located in the Town Belt.
27.
Wellington Electricity has reviewed and considered the provisions of
the Wellington Town Belt Bill, and generally supports the intent of the
Bill.
28.
Wellington Electricity considers that the Bill:
(a) appropriately recognises its existing rights to operate and
maintain the parts of its existing network within Town Belt; and,
(b) enables the Council to grant property rights to Wellington
Electricity and authorise activities associated with upgrading its
network; and,
(c) enables the Council to authorise activities associated with the
erection of emergency 33,000 V over-head electricity lines to
critical locations.
29.
The Bill does require the Council to adopt an assessment process
before it authorises such an activity. Wellington Electricity considers
that the Bill should be amended so this process need not apply where
there is an existing emergency plan in place or if Wellington Electricity
has an existing agreement with the Council which may be in the form
of a memorandum of understanding or similar.
30.
Wellington Electricity considers the provisions of the Bill relating to
notification and submissions (where a new property right for its network
is proposed) unnecessarily duplicate public engagement under the
Resource Management Act, and the Bill should be amended
accordingly.
31.
Wellington appreciates the opportunity it has had to review and
comment on this Bill.
Wellington Town Belt Bill – submission by Wellington Electricity
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Wellington Electricity Lines Ltd
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Dated at WELLINGTON this 28th day of October 2015.
Signed on behalf of the
Asset and Planning Manager
Wellington Electricity
cc
Sol Friedman
Asset and Planning Manager, Wellington Electricity
Address for service:
Align Limited
P O Box 33215
Petone
Lower Hutt 5046
Attention: Brian Warburton
DDI: (04) 974 5306
Email: bwarburton@align.net.nz
Wellington Town Belt Bill – submission by Wellington Electricity
Last Saved: 28 October 2015
Attachment A
Existing Assets in Relation to Town Belt Land
Attachment B
Routes of Overhead Emergency Electricity Lines