BEFORE THE CANTERBURY REGIONAL COUNCIL
UNDER
the Resource Management Act 1991
IN THE MATTER
of
the
Environment
Canterbury
(Temporary
Commissioners and Improved Water Management) Act
2010
AND
IN THE MATTER
of the partly operative Canterbury Land and Water
Regional Plan
_______________________________________________________________
MERIDIAN ENERGY LIMITED RESPONSE TO COUNCIL MEMORANDUM
ON MINUTE 1
11 December 2015
_______________________________________________________________
________________________________________________________________
ANDERSON LLOYD
LAWYERS
DUNEDIN
Solicitor: S W Christensen
LCT-476000-160-186-V4
Level 10, Otago House
Cnr Moray Place & Princes
Street,
Private Bag 1959,
DUNEDIN 9054
DX YX 10107
Tel 03 477 3973
Fax 03 477 3184
1
MAY IT PLEASE THE COMMISSIONERS
1
This memorandum is filed on behalf of Meridian Energy Limited
("Meridian") in accordance with the Commissioners' direction at
Paragraph 9 of Minute 1 dated 19 November 2015.
2
Meridian wishes to make a fresh submission regarding the 'controlled
activity' matter of the partly operative Canterbury Land and Water
Regional Plan ("PLWRP").
Qualification to make fresh submissions and/or adduce fresh and
necessary evidence
3
Meridian was a submitter and further submitter on the PLWRP.
4
The parts of Meridian's original submission upon which it now relies in
terms of its ability to participate in the Commissioners' reconsideration of
the controlled activity issue are:
(a)
Page 17 (Relief Sought Section 3.1.10):
"Add a new rule before rule 5.99 which provides for replacement
consents for hydro electricity generation for the Waitaki Hydro
Electric Power Scheme as a controlled activity."
(b)
Page 47 (Appendix 1, Rule 5XA):
"Any activity for which the rules of this Plan require consent and
that is a replacement consent or is ancillary to a replacement
consent for hydro electricity generation for the Waitaki Hydro
Electric Power Scheme is a controlled activity at the time of which
application for replacement consent is made, provided the
following conditions are met:
1. The activity is subject to the same minimum river flow and/or
minimum and/or maximum lake level as on the consent being
replaced; or
2. The activity complies with the relevant (if any) minimum river
flow and/or minimum and/or maximum lake level specified in this
Plan.
The CRC reserves its control over the following matters:
LCT-476000-160-186-V4
2
a) mitigation and remediation measures that are different and
separate from the minimum river flow and/or minimum and/or
maximum lake level of the existing resource consent; and
b) measurement, monitoring and review requirements."
5
The Commissioners have previously recognised that Meridian's
submission addresses the controlled activity issue1.
What activity status is now contended to be appropriate?
6
Meridian contends that controlled activity status is appropriate for
applications for replacement consents for existing core activities
associated with the Waitaki Power Scheme. It now seeks a form of rule
that is consistent with that referred to in paragraph 8 below. Meridian
submits that the relief it now seeks is within the scope of its original
submission referred to above.
Whether an oral hearing is desired
7
Subject to paragraphs 8-10 below, Meridian does not request an oral
hearing and will be content for the Commissioners to reconsider the
controlled activity issue on the basis of written legal submissions and
any necessary planning evidence on the appropriate form of a controlled
activity rule or rules given by affidavit on behalf of parties who are
qualified to participate in the reconsideration process. However, if the
Commissioners determine that an oral hearing is more appropriate,
Meridian would wish to appear and be heard at such hearing.
8
As the Commissioners will be aware, a differently constituted panel of
Commissioners is presently considering Plan Change 3 ("PC3") to the
Waitaki Catchment Water Allocation Regional Plan ("WAP"). Those
Commissioners are in the process of considering the form of a controlled
1
1
In the Report and Recommendations of the Hearing Commissioners at Paragraph 106: "By their submissions,
Genesis Energy, Rangitata Diversion Race Management, Meridian Energy and Trustpower proposed that
resource consents to replace expiring water permits for existing hydro-electricity generation and regionally
significant infrastructure should be classified as controlled activities."
LCT-476000-160-186-V4
3
activity rule which has been agreed by Meridian, Environment
Canterbury officers, Waitaki Irrigators Collective Limited, and Genesis
Energy Limited. The rule in question concerns replacement water
permits applied for in relation to existing activities which comprise core
components of the Waitaki Power Scheme.
9
Given the stage the PC3 process has reached, it seems reasonable to
apprehend that a decision will be released on the WAP soon.
10
The core activities of the Waitaki Power Scheme require both water and
discharge permits. As such, both the WAP and LWRP rules will be
relevant when replacement consents for the existing core activities are
considered.
11
Counsel notes that by virtue of section 15 of the Resource Management
(Waitaki Catchment) Amendment Act 2004 ("Act"), and the existence of
the WAP, the PLWRP cannot deal with water allocation in the Waitaki
Catchment and that insofar as the PLWRP deals with water in the
Waitaki Catchment it must be consistent with the WAP. It is therefore
submitted that the Commissioners' reconsideration of the controlled
activity issue (as it relates to the Waitaki catchment) should be informed
by the decision on PC3 to the WAP.
DATED this 11th day of December 2015
S W Christensen
Counsel for Meridian Energy Limited
LCT-476000-160-186-V4