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Terms of reference: Board of inquiry on the proposed national policy statement on electricity transmission

Board of inquiry on the proposed national policy statement

1. Establishment of a board of inquiry

1.1 The Minister for the Environment (Minister) has decided to develop a national policy statement on electricity transmission (the proposed national policy statement), and two national environmental standards (NES) on electricity transmission.  The proposed national policy statement is attached as Appendix 1.

1.2 Pursuant to section 46A(1)(a), the Minister has chosen to use the process set out in sections 47 to 52 of the Resource Management Act 1991 (RMA) to advance the proposed national policy statement on electricity transmission.

1.3 The Minister has appointed the board of inquiry (Board), with the agreement of the Cabinet (Appointment and Honours) Committee (CAB Min 06 20/2).  The letters of appointment set out the rate of remuneration and the terms and conditions of the appointments.

Role of the Board

2. Role of the Board

2.1 The role of the Board is to inquire into and report to the Minister on the proposed national policy statement in accordance with RMA sections 48 to 51, and within terms of reference set by the Minister, by 14 December 2007.  (See attached as Appendix 2 the full text of RMA sections 45 to 55: National policy statements.)

3. Administrative support to the Board

3.1 The Ministry for the Environment (the Ministry) will provide such administrative support and assistance as the Board requires to carry out its functions efficiently and effectively.

4. Term of inquiry

4.1 The inquiry will run from the date of appointment set out in the letters of appointment until the receipt of the report and recommendations – under RMA section 51(2) – by the Minister.

Scope of the Board

5. Scope of matters to be considered by the Board and Board’s report

5.1 The Board must carry out those functions set out in RMA sections 48 to 51.  The principal function of the Board is to prepare a report and make recommendations to the Minister pursuant to RMA section 51.  In doing so it must consider the following matters:

a) the matters in RMA Part 2; and

b) the proposed national policy statement; and

c) any submissions received on the proposed national policy statement; and

d) any evidence received; and

e) any other relevant matter.

6. Matters to be explicitly addressed

6.1 The Board should provide in its report recommendations on the wording of the proposed national policy statement, including the objectives and policies.  The report and recommendations may also address:

a) the internal consistency of the proposed national policy statement as a whole, and ways to address any potential inconsistencies;

b) the level of certainty or clarity provided by the proposed national policy statement, and where this is inadequate, ways to improve it;

c) the removal or further refinement of issues, objectives and policies where this is appropriate for achieving the policy approach of the proposed national policy statement;

d) the identification of any unintended or unforeseen, but likely outcomes of the proposed national policy statement, and ways to address these.

7. Reference documents

7.1 In addition to the proposed national policy statement on electricity transmission, the Ministry will provide the following background reference documents to the Board:

  • Report of the Reference Group: The Merits and potential scope of National Guidance on the Management of Electricity Transmission under the RMA (April 2006).
  • Section 32 evaluation report on the proposed national policy statement.
  • Relevant sections of the RMA.
  • Such other documents as the Board reasonably requires in order to carry out its functions.

Other deliverables of the Board

8. Alerting the Minister

8.1 The Board should alert the Minister as soon as possible, in writing, if an unforeseen event occurs, or seems likely to occur, that could delay or prevent the Board meeting the deadline of 14 December 2007.

9. The Board’s report to the Minister

9.1 The Board’s report should be sent to the Minister’s Office as a signed hard copy, and copied to the Secretary for the Environment, as an electronic copy.

Last updated: 6 May 2008