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6 Implementing the national environmental standards

6.1  How does an NES relate to the proposed national policy statement?

The proposed national policy statement sets out objectives and policies for transmission. Once the NPS is in place, these objectives and policies will be given effect to by district and regional councils.

NES stand alone, so it is not necessary to have an NPS to support an NES. However, in the case of electricity transmission, the NPS and the NES will work together to provide a consistent framework for managing electricity transmission. The NES will set out a framework of permitted activities and consent requirements, and matters to be considered in assessing consent applications. The NPS will provide a framework of objectives and policies, which will be used by local authorities in making decisions on consent applications under the NES, and for decisions on approvals for constructing new lines and other matters not covered by the NES.

6.2  How does an NES relate to rules in plans?

In general, an NES overrides a rule in a plan. A rule in a plan:

  • cannot be more lenient than an NES
  • can specify that an activity (which is permitted by the standard) is permitted, subject to terms and conditions to regulate effects not covered by the standard
  • can be more stringent if the NES specifically allows a rule in a plan to be more stringent.

There is no requirement for councils to change their plans to accommodate NES. Rules in plans that differ from the proposed transmission activities standards, or are more lenient than the transmission risks standards, will simply no longer apply.

For the proposed transmission activities NES, rules in plans that cover the same activities cannot be more lenient and will not be able to be more stringent than an NES. The permitted activities listed in the NES will be subject to terms and conditions. However, plans can deal with terms and conditions not covered in the NES. For example, if a standard permits painting of towers, then a plan could specify the colour for towers to be painted.

For the proposed transmission risks NES, rules in plans will be able to be more stringent than the NES, because the NES will stipulate this. They cannot be more lenient. This allows for specific local issues to be taken into account. For example, the NES may control excavation of more than 750 mm in depth within 5 metres of a transmission pole, to avoid destabilising the pole. A regional plan that deals with land disturbance may contain more stringent rules about excavations in erosion-prone areas to deal with this specific local issue.

6.3  How does an NES relate to resource consents and designations?

  • In general, an NES does not affect authorisations in place at the time the NES commences. The following relationships apply.
  • An existing resource consent prevails over an NES.
  • An NES prevails over resource consents or designations granted or made after the NES.
  • An existing designation prevails over an NES unless the designation lapses or is altered.2
  • Work undertaken before an NES was made and then covered by a designation after the NES was made does not have to comply with the NES.
  • An NES prevails over an existing designation which requires an outline plan if:
    • the designation was in existence when the standard was made, and
    • no outline plan for the designation has completed the process in section 176A of the RMA.
  • A requiring authority can issue a Notice of Requirement seeking a designation for a matter covered by an NES.
  • A bylaw only prevails over an NES if it is more stringent than the NES and the standard says that a bylaw may be more stringent. Bylaws cannot be more lenient than an NES.

6.4  What about existing-use rights?

The rights to continue existing uses of land in section 10 of the RMA (see section 2.3) also apply to an NES. However, if an activity was not lawfully established (eg, if it was established in violation of NZECP 34) then it cannot claim existing-use rights. Activities carried out in violation of NZECP 34 would need to be rectified through action under the Electricity Act. Standards under the RMA cannot be applied retrospectively to correct violations under another Act.

Existing-use rights only apply if there is no change in the nature, scale and intensity of the land use. Existing-use rights do not apply to subdivision consents, but may apply to buildings.

2  However, a use that was lawfully established by way of a designation before the standard was made but has lapsed is not required to comply with the NES if the effects of the use, in character, intensity and scale, are the same as or similar to those that existed before the NES was made, provided the use itself did not lapse.

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