Skip to main content.

Questions and answers on the proposed National Environmental Standards for Electricity Transmission Activities

The National Environmental Standards (NES) for Electricity Transmission Activities are regulations made under the Resource Management Act 1991. They set out which transmission activities are permitted, subject to conditions to control the environmental effects. The standards also specify consent requirements for activities which fail to meet the permitted activity conditions.

The purpose of the standards is to:

  • Minimise the cost to councils of implementing the National Policy Statement on Electricity Transmission (NPS)
  • Ensure that planning requirements are nationally consistent and provide adequately for maintenance and upgrading of transmission lines to achieve the intention of the NPS
  • Minimise RMA processing costs and delays

What does the NES do?

The standards provide a consistent national framework for the management of the environmental effects of the operation, maintenance and upgrade of the existing high voltage electricity transmission network (the national grid).  The standards apply to the existing transmission network but not to substations or the construction of new lines.

What are permitted activities?

The NES specifies that activities which do not have significant adverse effects are classified as ‘permitted activities’. This means that resource consent is not required, Conditions to control any adverse effects must be complied with.

Activities that are permitted include:

  • operating existing transmission lines
  • maintaining conductors (wires) and adding a limited number of conductors provided limits on electric and magnetic fields are not exceeded  
  • signs on transmission line support structures (within specified size limits)
  • strengthening, upgrading and replacing support structures and foundations.

Which transmission activities will need resource consent?

The NES sets out resource consent requirements for other transmission activities:

  • For ‘controlled’ activities the council has the discretion to impose conditions on specified matters, but cannot decline the consent (unless insufficient information is provided). Some activities that fail the permitted activity conditions will be controlled.  Examples include placing overhead transmission lines underground, moving poles and towers more than a specified distance from their existing location, and discharges to water that are more than minor.
  • For ‘restricted discretionary’activities the council may decline the consent or grant it subject to conditions on specified matters.  Some activities that fail the permitted activity terms and conditions will be restricted discretionary. Examples include moving poles and pylons beyond the distanced specified for a controlled activity, earthworks on potentially contaminated land, and adding circuits.
  • For ‘discretionary’ activities the council may decline the consent or grant it with or without conditions. Any transmission activities that are not listed elsewhere in the NES would be discretionary.
  • For ‘non-complying’ activities the council may decline the consent or grant it with or without conditions.  The council may grant resource consent for a non-complying activity only if it is satisfied that the adverse effects on the environment will be no more than minor or the application is for an activity that will not be contrary to the objectives and policies of the relevant plan or proposed plan.

Will transmission activitites need more or fewer resource consents?

Overall, nationally, Transpower (or its contractors) will need fewer resource consents for activities that do not have “significant adverse effects”.   However if a particular regional or district plan is lenient, then Transpower may need more resource consents for maintenance and upgrading under the NES than they did under the plan. 

Will I still be able to submit on consent applications?

It is the council’s decision whether to publicly notify a resource consent application or not.  If the council does decide to publicly notify a resource consent application, then it will consider submissions in deciding whether to grant consent or not.

Further information on notification decision-making is available on the Quality Planning website

Does the NES cover the building of new lines?

No. The transmission activities NES applies to the operation, maintenance and upgrading of existing transmission lines, but not to the construction of new lines.

Does the NES give Transpower the right to enter private land for operation, maintenance and upgrade activities?

No. The RMA cannot confer any rights of access to private land.  Existing access provisions (under the Electricity Act, or through existing easement agreements) will not be affected in any way by the proposed NES.

What happens to current plan rules now that the transmission activities NES is in place?

Rules in regional and/or district plans may not be more lenient than a NES (i.e. authorise an activity that the NES restricts).  So, any rules in a plan or proposed plan which are more lenient than the NES cease to have effect.

The transmission activities NES does not allow plan rules to be more stringent (i.e. to prohibit or restrict an activity that the standard permits or authorises).

Councils will need to revise their plans as soon as practicable to remove rules that duplicate or conflict with provision(s) in the NES. 

Councils do not need to undertake consultation to amend their plans to be consistent with the NES.  The Ministry will produce further guidance on this.

How does the NES relate to the National Policy Statement on Electricity Transmission?

The National Policy Statement on Electricity Transmission (NPS) sets out high level objectives and policies for managing electricity transmission. National environmental standards provide the equivalent of plan rules. 

Councils must give effect to the NPS by 2012.

The NES aims to reduce the number and extent of plan changes required to give effect to the NPS.  The NES will also reduce costs to councils and ensure the parts of the NPS that relate to existing transmission lines are implemented consistently at a national level.

Does the NES apply to Transpower’s new North Island transmission line?

The NES does not apply to the construction of new lines and therefore does not apply to Transpower’s Upper North Island Upgrade Project.

Where can I get more information?

The Ministry is producing guidance on implementing the NES.  This will be available in early 2010. We will also be running workshops on the NES in March 2010.

See the National environmental standards for electricity transmission webpage or email standards@mfe.govt.nz

 

Last updated: 22 January 2010