Submission by Transpower New Zealand Limited on:

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3 Submission by Transpower New Zealand Limited on: Proposed Plan Change 38: Network Utilities & Renewable Energy Generation to the Upper Hutt City District Plan 30 January 2015

4 2 ADDRESS FOR SERVICE Sarah Shand Environmental Planner Transpower New Zealand Ltd PO Box 1021 WELLINGTON Phone (04)

5 1.0 INTRODUCTION Transpower New Zealand Limited (Transpower) is the State Owned Enterprise that plans, builds, maintains and operates New Zealand s high voltage transmission network the National Grid which links generators to distribution companies and major industrial users. The Grid, which extends from Kaikohe in the North Island down to Tiwai in the South Island, transports electricity throughout New Zealand. The National Grid comprises some 12,000km of transmission lines and 173 substations. The national control centres (located in Wellington and Hamilton) operate a network of some 300 telecommunication sites that link together the components that make up the National Grid. 1.2 Transpower appreciates the chance to review and provide comment on the Plan Change in order to ensure that the policies of the National Policy Statement on Electricity Transmission are given effect and Transpower s National Grid assets subsequently provided for and protected. NATIONAL GRID TRANSMISSION ASSETS IN UPPER HUTT CITY 1.3 Transpower s National Grid infrastructure within Upper Hutt City are: Bunnythorpe Haywards A (BPE-HAY A) 220kV single circuit line on towers Bunnythorpe Haywards B (BPE-HAY B) 220kV single circuit line on towers Haywards Upper Hutt A (HAY-UHT A) 110kV double circuit line on towers Masterton Upper Hutt A (MST-UHT A) 110kV double circuit line on towers Bunnythorpe Wilton A (BPW-WIL A) 220kV double circuit line on towers Gracefield Haywards A (GFD HAY A) 110kV single circuit line on towers Mount Climie (MCL) communications site Upper Hutt Substation (UHT) (Akatarawa Road) Haywards Upper Hutt (HAY_UHT_Trunk) underground fibre optic cables Masterton Upper Hutt (MST_UHT_Trunk) underground fibre optic cables These assets are shown on the map provided in Appendix STATUTORY CONTEXT NATIONAL POLICY STATEMENT ON ELECTRICITY TRANSMISSION 2008 (NPSET) 2.1 Under the Resource Management Act 1991 (the Act) Transpower's electricity infrastructure is a significant physical resource that must be sustainably managed, and adverse effects on that infrastructure must be avoided, remedied or mitigated. The NPSET confirms the national significance of the resource and the need to appropriately manage activities and development under, and close to it. 2.2 The preamble to the NPSET makes it clear that decision makers are to be guided by it when drafting plan rules and that it should be taken into account during the hearing and decision making process. Section 75(3)(a) of the RMA requires a district plan to give effect to a National Policy Statement (NPS).

6 2.3 The objective of the NPSET is as follows: 4 To recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network and the establishment of new transmission resources to meet the needs of present and future generations, while: a) Managing the adverse environmental effects of the network; and b) Managing the adverse effects of other activities on the network. 2.4 The NPSET contains 14 policies. Policy 1 recognises the national benefits of the National Grid while policies 2 through 9 guide the management of the environmental effects of the National Grid. Policies 10 and 11 seek to manage the adverse effects of activities on the National Grid network. Policy 12 requires district councils to identify the electricity network on their planning maps. Policy 13 requires decision makers to recognise the designation process as facilitating long-term planning of the infrastructure and Policy 14 is directed towards regional councils. 2.5 Policies 10 and 11 are of particular relevance to proposed Plan Change Policy 10 of the NPSET is as follows: In achieving the purpose of the Act, decision-makers must to the extent reasonably possible manage activities to avoid reverse sensitivity effects on the electricity transmission network and to ensure that operation, maintenance, upgrading, and development of the electricity transmission network is not compromised. 2.7 This policy imposes obligations to the extent reasonably possible manage activities to avoid reverse sensitivity effects and, as a separate matter, ensure that the operation, maintenance, development and upgrading of the National Grid is not compromised. This direction sets a relatively high level of protection for the National Grid. 2.8 Policy 11 of the NPSET is as follows: Local authorities must consult with the operator of the national grid, to identify an appropriate buffer corridor within which it can be expected that sensitive activities will generally not be provided for in plans and/or given resource consent. To assist local authorities to identify these corridors, they may request the operator of the national grid to provide local authorities with its medium to long-term plans for the alteration or upgrading of each affected section of the national grid (so as to facilitate the long-term strategic planning of the grid). 2.9 This policy identifies that the Council must identify a buffer corridor within which sensitive activities will generally not be allowed. It is Transpower s view that the buffer corridor approach proposed in this submission is the appropriate mechanism for giving effect to both Policies 10 and 11 of the NPSET. Further, it is Transpower's view that the term generally not allowed requires a non-complying activity status for sensitive activities and other activities that could compromise the operation and maintenance of the National Grid within the buffer corridor in the District Plan. RESOURCE MANAGEMENT (NATIONAL ENVIRONMENTAL STANDARDS FOR ELECTRICITY TRANSMISSION ACTIVITIES) REGULATIONS The Resource Management (National Environment Standards for Electricity Transmission Activities) Regulations 2009 ( the NESETA ) came into effect on 14 January The standards:

7 - Specify that transmission activities are permitted, subject to terms and conditions to ensure that these activities do not have significant adverse effects; and - Specify resource consent requirements for transmission activities that do not meet the terms and conditions for permitted activities (note that this is a different approach to the Telecommunications NES) The NESETA applies to existing (as at 14 January 2010) high voltage transmission lines owned and operated by Transpower (i.e. existing National Grid transmission lines). The standards in the NESETA recognise and provide for the operation, maintenance, upgrading, relocation and removal of the National Grid lines, having considered operational constraints and technical requirements. The standards provide a framework of consent requirements and permissions that take into account the policies of the NPSET. The NESETA does not apply to substations, new lines or lines that are not owned and operated by Transpower The NESETA applies to all of the National Grid lines within Upper Hutt City as they were all in existence on 14 January REGIONAL POLICY STATEMENT FOR THE WELLINGTON REGION 2.13 As well as the NPSET, district plans must also have regard to any proposed RPS (section 74 of the RMA) and must give effect to any RPS (section 75 of the RMA) The Regional Policy Statement for the Wellington Region ( the RPS ) establishes a policy framework that identifies the major resource management issues for the Wellington Region and provides and overriding direction and consistency in managing matters across local government boundaries Section 3 of the RPS includes an overview of the issues addressed in the RPS. Section 3.3 identifies two regionally significant issues that are of relevance to the National Grid: Energy The Wellington region is dependent on externally generated electricity and overseas-sourced fossil fuels and is therefore vulnerable to supply disruptions and energy shortages. In addition, demand for energy is increasing. However, significant renewable energy resources exist within the region. Infrastructure Infrastructure enables communities to provide for their social, economic and cultural wellbeing. The management, use and operation of infrastructure can be adversely affected when incompatible land uses occur under, over, or adjacent Following on from these issues, the provisions of particular relevance to the protection of the National Grid include the following: - Recognising and protecting the social, economic, cultural and environment benefits of regionally significant infrastructure (Objective 10). - Requiring regional and district plans to recognise the benefits from regionally significant infrastructure (Policy 7). - Requiring regional and district plans to protect regionally significant infrastructure (Policy 8). - Recognising the benefits from renewable energy and regionally significant infrastructure (Policy 39). 5

8 2.17 It is, therefore, appropriate given the regional (and national) significance of the National Grid that its management is comprehensively addressed in the Upper Hutt City District Plan, to ensure that the RPS and the NPSET are given effect to. Like the NPSET, Objective 10 and Policy 8 of the RPS provides a high level of protection for the National Grid from other activities. This direction must be given effect to in the Hutt City District Plan GENERAL SUBMISSION GIVING EFFECT TO THE NPSET AND RPS 3.1 Transpower supports the general intent of the Plan Change insofar as it makes provision for network utilities within Upper Hutt City. Notwithstanding this general support, Transpower considers that some refinement and a number of amendments are required to ensure that the NPSET is given effect to. These specific changes are detailed in Section 4 below. 3.2 That Proposed Plan Change 38 is approved, subject to appropriate amendments that ensure: Full effect is given to the National Policy Statement on Electricity Transmission 2008; Effect is given to the policies of the RPS; Recognition of the NESETA and ensure that there are no conflicts with provisions of the District Plan and the NESETA (s44a of the RMA); Provide an appropriate policy framework for the protection of National Grid infrastructure, including reverse sensitivity effects. Provide for the on-going operation, maintenance, upgrading and development of existing National Grid infrastructure. 4.0 SUBMISSIONS ON SPECIFIC PLAN CHANGE PROVISIONS 4.1 As noted above, Transpower generally supports the Plan Change however seeks a number of specific amendments to particular objectives, policies, rules, performance standards and definitions in order for the Plan Change to give appropriate effect to the relevant documents referred to in Section 2 of this submission and to, more specifically, ensure the successful implementation of the NPSET. The majority of the amendments sought below were requested by Transpower in the earlier draft versions of the Plan Change. These proposed amendments are provided as one option for achieving Transpower s relief sought; however, Transpower notes that there may be other means of drafting provisions to achieve the outcomes sought in submission point 3.1 in Section 3 above. Therefore, Transpower welcomes opportunities to confer with the Council and/or other interested parties if desired before the draft Plan Change is notified.

9 7 4.2 Transpower supports in part the background section of Chapter 16 subject to a minor amendment to the wording of a new sentence added to paragraph seven of the background section that was not included in the draft version of the Plan Change. The inclusion of new buildings and structures in the sentence is in line with the rules in each of the zone chapters that control new buildings and structures within the transmission line corridor. 4.3 Retain Section 16.1 as proposed except for the amendment to paragraph seven as follows: Network utilities can be vulnerable to reverse sensitivity effects when new buildings or structures and activities (that are sensitive to the effects of the existing network utility) are established nearby, leasing to constraints on the operation of the network utility Transpower supports in part Issue as proposed. In particular, Transpower supports the acknowledgement in paragraph three of the explanation that network utilities may have perceived adverse effects on public health and safety. Transpower also supports the later part of paragraph three where it is acknowledged that in some cases, it may not be possible to avoid, remedy or mitigate all adverse effects associated with a utility, and that in these circumstances, consideration will be given to both the benefits of the utility and the significance of the adverse effects on the surrounding environment. Transpower notes that a minor wording change should be made so that this paragraph refers to network utility as is defined in the Plan Change, not utility. 4.5 In addition to the above, Transpower seeks that a minor grammatical amendment to ensure that the explanation to the policy correctly refers to the National Grid as defined in the NPSET. 4.6 Retain Issue as proposed except for the amendments to paragraph three as follows: The high voltage electricity transmission lines that form part of the Nnational Ggrid play a vital role in the well-being of the community. The adverse effects of the high voltage electricity transmission lines are often local, while the benefits may be in a different locality and/or extent beyond the local to the regional and national Adverse effects may only occur at the time of construction or installation of the network utility, but in some instances may continue throughout its operation or during maintenance and upgrade works. In some case, it might not be entirely possible to avoid, remedy or mitigate all adverse effects associated with a network utility, meaning there will be some level of adverse effect on the surrounding environment. In such circumstances, there is a need to carefully consider both the benefits the network utility will provide and the significance of the adverse effects on the surrounding environment. 4.7 And, any consequential amendments replacing national grid with National Grid and utility with network utility.

10 8 4.8 Transpower opposes Issue as the issue and its explanation fails to recognise the adverse effects that earthworks can have on the National Grid. Notwithstanding this opposition it is recognised that the relief sought by Transpower in the draft Plan Change, being the inclusion of inappropriate activities in the sentence relating to reverse sensitivity has been incorporated into the proposed Plan Change. The sentence now proposed recognises that reverse sensitivity activities can occur when both sensitive activities or inappropriate subdivision, use and development occurs near network utilities. This amendment is supported. 4.9 Amend Issue as follows: Inappropriate subdivision, use and development including earthworks in the vicinity of regionally significant network utilities Transpower supports the retention, without amendment to Issue as it sets the policy framework for the rules contained within the zone chapters restricting buildings and subdivision within a set distance to the transmission line corridor Retain Issue without amendment Transpower opposes Objective and seeks inclusion of protect to the objective so that the objective is consistent with relevant provisions of the RPS (namely Objective 10 and Policy 8) that seek to recognise and protect the benefits of regionally significant network utilities. Transpower also seeks that the word unreasonably be deleted from the objective. The inclusion of the statement unreasonably compromised is inconsistent with and does not provide the same direction as the RPS and the NPSET. In particular Policy 10 of the NPSET states that decision makers must manage activities to avoid reverse sensitivity effects and to ensure that the operation, maintenance, upgrading, and development of the electricity transmission network is not compromised ; it does not place a qualifier on this statement Lastly, Transpower seeks an amendment to replace incompatible subdivision, use and development with inappropriate subdivision, use and development in order to achieve consistency with the explanation and other provisions of the Plan Change including the explanation to Issue to which this objective relates Amend Objective and its explanation as follows: To recognise the benefits of and protect regionally significant utilities and ensure their functions and operations are not unreasonably compromised by other activities The objective and supporting policies are focused on recognising the benefits that these regionally significant network utilities have locally, regionally and nationally and ensuring that

11 these network utilities benefits are protected from incompatible inappropriate subdivision, use and development And, make any other consequential amendments to the Plan Change to ensure that the benefits of regionally significant network utilities are both recognised and protected Transpower supports in part Objective on the basis that the reference to avoid, remedy or mitigate adverse effects on the environment should be qualified with the inclusion of to the extent practicable. This is consistent with the NPSET and in particular the preamble of the NPSET which recognises that, in not all effects can be avoided, remedied or mitigated Amend Objective as follows: The sustainable, secure and efficient use and development of the high voltage (110kV or greater) electricity lines which avoids, remedies or mitigates adverse effects on the environment to the extent practicable and recognises the technical and operational constraints of the network.. Technical, operational and security requirements associated with high voltage electricity transmission lines can limit the extent to which it is feasible practicable to avoid or mitigate all adverse environmental effects Transpower supports in part Objective Given that the definition of Network Utilities specifically includes Regionally Significant Utilities this objective covers the National Grid. Accordingly, Transpower seeks the inclusion of the terms maintenance and upgrading to the objective to ensure consistency with Policy 2 of the NPSET. Policy 2 includes operation, maintenance, upgrading and development and as such it can be implied that the term development does not capture or incorporate upgrading and maintenance activities Amend Objective as follows: To recognise and provide for the sustainable, secure and efficient use, operation, maintenance, upgrading and development of network utilities within the City 4.20 Transpower supports in part Objective While the last part of the explanation correctly recognises that all adverse effects of network utilities cannot always be mitigated, it then states that there will always be some level of adverse effect on the surrounding environment that requires mitigation. This statement is contradictory and as such Transpower seeks that, the requirement to mitigate some level of adverse effect be deleted.

12 Amend the explanation to Objective as follows: However in some cases, it might not be entirely possible to avoid, remedy or mitigate all adverse effects associated with a network utility, meaning there will be some level of adverse effect on the surrounding environment. that requires mitigation 4.22 Or amend the paragraph in line with the explanation of Issue as follows: However in some cases, it might not be entirely possible to avoid, remedy or mitigate all adverse effects associated with a network utility, meaning there will be some level of adverse effect on the surrounding environment. that requires mitigation In such circumstances, there is a need to consider both the benefits the utility will provide and the significance of the adverse effects on the surrounding environment Transpower supports in part Policy as the policy provides the policy framework for the inclusion of the National Grid network (or transmission line corridor as per the District Plan) on the District Plan maps in accordance with the NPSET. Transpower also supports the use of the term as practicable in the policy, as, and in accordance with Transpower s comments on the draft Plan Change, this recognises that it is not practical or feasible to map local gas and electricity distribution networks and Transpower s underground fibre optic cables Transpower however seeks a minor wording amendment as proposed below as the transmission line corridor is already shown on the District Plan maps Retain Policy as proposed and amend the explanation to the policy as follows: In the case of the National Grid, which is not designated, this network will be is specifically recognised and mapped, as required by the National Policy Statement on Electricity Transmission Transpower supports in part Policy subject to amendments sought in accordance with the amendments also requested for Objective (refer paragraph 4.9 above) Amend Policy as follows: Recognise the national, regional and local benefits of, and protect regionally significant network utilities.. People have access to electricity and gas to meet their needs, and the security of supply of these services can be maintained or improved And make any other consequential amendments to the Plan Change to ensure that the benefits of regionally significant network utilities are both recognised and protected.

13 Transpower supports in part Policy insofar that a minor amendment is sought to the wording of the policy to ensure consistency with the explanation to the policy, the explanation to Objective and other provisions of the District Plan and plan change Amend Policy as follows: Avoid, or as appropriate, remedy or mitigate, the potential for any adverse effects including reverse sensitivity effects on regionally significant network utilities from incompatible inappropriate subdivision, use and development occurring under, over, or adjacent to regionally significant network utilities 4.31 Transpower opposes in part this policy as it seeks the replacement of to manage to to control subdivision and development within close proximity to existing high voltage electricity transmission lines Delete Policy and replace with the following: To protect the safe, secure and efficient use and development of existing high voltage (100kV or greater) electricity transmission lines and the safety and amenity values of the community by avoiding subdivision and development in the immediate proximity of and adjacent to the lines Transpower supports in part Policy as it seeks a minor amendment to its explanation to ensure consistency with the NPSET Retain Policy as proposed except for the following amendment: In some cases, some level of adverse effects may need to be accepted to recognise the necessity for, and benefits derived from, some network utilities and meet their operational requirements Transpower supports policies and as proposed Retain Policy and Policy as proposed without amendment.

14 Transpower supports in part Policy and seeks minor amendments to the explanation of the policy to recognise that in all instances it may not be possible to utilize a notice of requirement process Amend Policy as follows: Network utility operators, particularly those who operate regionally significant network utilities, should use the notice of requirement for designation process where appropriate when they seek Transpower opposes Policy as proposed for the reasons outlined for Objective and to ensure consistency with the NPSET Amend Policy as follows: 4.41 Ensure that network utilities are designed, developed, constructed, located, upgrade, operated and maintained to avoid, remedy or mitigate any actual or potential adverse effects on the environment to the extent practicable 4.42 Transpower opposes Policy Transpower seeks the deletion of reference to the generation of electrocution by electricity transmission / distribution. As currently worded the explanation regarding EMF is vague which is unnecessary given the clear direction provided by the NPSET and the NESETA. The wording as proposed by Transpower below is considered to be more consistent with the intention of the policy, which is that network utilities comply with relevant standards Amend Policy as follows: Electricity transmission / distribution can generate electromagnetic fields (EMF) which may be a risk to health, and also generates the risk of electrocution., the National Policy Statement on Electricity Transmission, and the National Environmental Standard for Electricity Transmission require that the exposures be limited to the guidelines of the International Commission on Non-Ionising Radiation Protection (ICNIRP) to prevent the potential for health effects Transpower supports in part Policy subject to a wording change to the policy that, like the explanation recognises that there are a number of technical constraints to the colocation of or multiple use of network utilities.

15 Amend Policy as follows: Enable the co-location or multiple use of network utilities where this is efficient and practicable technically feasible and assists with avoiding, remedying or mitigating adverse effects on the environment 4.46 Transpower opposes Policy While it is accepted that the transmission and distribution of electricity can occur underground, the undergrounding of new high voltage transmission lines for the National Grid can be up to times more expensive than above ground lines. This key constraint should be recognised in the policy or the National Grid should be specifically exempt from this policy Amend Policy as follows: Except for transmission lines 1, rrequire the underground placement of new network utilities 4.48 Or any other such amendment to recognise that the cost of undergrounding network utilities is a relevant and important consideration Transpower supports in part the methods contained in Method subject to minor wording changes requested below. Plan provisions for managing reverse sensitivity effects on regionally significant network utilities are already contained within the Operative District Plan Retain Method as proposed except for the following amendment: 5. Plan changes(s) to introduce new provisions to manage reverse sensitivity effects 4.51 Transpower supports methods , , , and The methods as proposed are appropriate implementation mechanisms to address the resource management issues, objectives and policies outlined in amended Chapter Retain methods , , , and as proposed.

16 Transpower opposes Method as, while the concept of building relationships with network utility providers is supported, it is unclear as to what is intended by the education of network utility providers Amend Method as follows: Education of and bbuilding relationships with network utility providers 4.55 Transpower opposes the amendments made to Chapter 18. In particular the exclusion of the National Grid from the new matters of consideration bullet points in sections 18.6, 18.28A and It is understood that the National Grid has been specifically excluded as specific matters of consideration are included in the District Plan for subdivision requiring consent under Rule where the subdivision creates building platforms with 20m of electricity transmission lines As currently drafted however, there is no obligation for applicants to consult with Transpower if a subdivision were to take place on land where National Grid assets, or access to National Grid assets are located where the proposed building platforms were proposed more than 20m from the transmission line. While the building platforms may be proposed at an appropriate distance any subdivision of land containing National Grid assets or access to National Grid assets has the potential to constrain Transpower s ability to access, inspect, maintain, or upgrade these assets through alterations to lot boundaries and access arrangements Amend Section 18.6 and Section 18.28A as follows: The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Subdivision which creates building platforms within 20m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps also requires resource consent under Rule Amend Section as follows: The design and layout of the subdivision where any lot may affect the safe and effective operation and maintenance of, and access to, regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in close proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Subdivision which creates building platforms within 20m of high voltage (110kV or greater)

17 electricity transmission lines as shown on the planning maps also requires resource consent under Rule Transpower opposes the amendments made to Chapter 19 for the reasons outlined in paragraphs above Amend Section 19.6 as follows: The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Subdivision which creates building platforms within 32m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps also requires resource consent under Rule Amend Section as follows: The design and layout of the subdivision where any lot may affect the safe and effective operation and maintenance of, and access to, regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in close proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Subdivision which creates building platforms within 32m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps also requires resource consent under Rule Transpower opposes the amendments made to Chapter 20 for the reasons outlined in paragraphs above Amend Section 20.6 as follows: The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Subdivision which creates building platforms within 20m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps also requires resource consent under Rule

18 4.64 Amend Section as follows: 16 The design and layout of the subdivision where any lot may affect the safe and effective operation and maintenance of, and access to, regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in close proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor which creates building platforms within 20m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps Transpower opposes the amendments made to Chapter 21. In particular the exclusion of the National Grid from the new matters of consideration bullet points in sections 21.5A, and It is understood that the National Grid has been excluded, as per the other zone chapters, as there are specific rules relating to subdivision that creates building platforms within the Electricity Transmission Corridor. It is however noted that no such subdivision rule is provided in the open space zone chapter and as such the cross reference to Rule (which covers buildings and structures within the Electricity Transmission Corridor) is incorrect and should be deleted Amend Section 21.5A and as follows: The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor Transpower opposes the amendments made to Chapter 22 for the reasons outlined in paragraphs above Amend Section and 22.7 as follows: The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. Note: Rule covers subdivision within the Electricity Transmission Corridor which creates building platforms within 32m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps And, Amend Section as follows:

19 The design and layout of the subdivision where any lot may affect the safe and effective operation and maintenance of, and access to, regionally significant network utilities (excluding the National Grid) located on or in proximity to the site. The outcome of consultation with the owner or operator of regionally significant network utilities (excluding the National Grid) located on or in close proximity to the site. 17 Note: Rule covers subdivision within the Electricity Transmission Corridor which creates building platforms within 20m of high voltage (110kV or greater) electricity transmission lines as shown on the planning maps Transpower opposes the amendments sought to Chapter 28. While Transpower supports the activity status of network utilities as restricted discretionary activities under Rule 28.5, Transpower s earlier comments on the draft Plan Change sought the exclusion of a requirement for network utilities to comply with the rules and standards in the zone chapters of the District Plan. Transpower requests that this be extended to overlay areas also. The inclusion of network utilities in this chapter does not make sense as the rule framework relies on a base rule in an underlying zone but network utilities are not covered by zone rules Transpower considers that the rules, standards and matters of consideration contained in the new utilities Chapter 30 (subject to the amendments to this Chapter requested by Transpower) provide sufficient scope for the potential adverse effects (namely landscape and visual effects) of network utilities within the Southern Hills Overlay Area and on protected ridgelines to be adequately assessed Delete all proposed amendments to Chapter Transpower opposes the new activity status table. While Transpower accepts the likely activity status of the rules expected to apply to National Grid assets (i.e. not non-complying as initially proposed in the draft Plan Change), the rules are unclear. As a result determining which rule applies to which activity is not easy. In addition, and in light of the new definition of line, it is unclear which rules specifically apply to transmission line support structures. Notwithstanding opposition to the rules table, Transpower specifically supports the noncomplying activity status for network utilities that do not comply with the permitted activity standards for radiofrequency and electro-magnetic fields in standard Transpower designs and operates its infrastructure to comply with these standards.

20 Amend the proposed activity status tables to achieve the following activity status : Permitted: The operation, maintenance, minor-upgrading of transmission lines, transmission line support structures and substations. Restricted Discretionary: The upgrading of transmission lines, transmission line support structures and substations. Discretionary: New transmission lines, transmission line support structures and substations. Non-complying: All network utilities which do not comply with the permitted activity standards for radiofrequency And, make any other consequential amendments to the proposed matters of discretion for restricted discretionary activities and the inclusion of consultation with network utility operators as matters of discretion for the upgrading on transmission lines and transmission line support structures And, to avoid the potential for confusion and dispute include a clear statement to the effect that the provisions of other chapters do not apply to network utilities (as stated in the last paragraph of Section 16.1) Transpower supports the notes section to the activities table as it correctly references all relevant standards that control electricity transmission activities. Transpower also supports the inclusion in the notes section of words clarifying how the NES applies to network utilities Retain the notes section of Chapter 30 as proposed Transpower opposes the proposed maximum height standards for network utilities as, given the proposed definitions of line and of network utility structure it is unclear what standard would apply to transmission line support structures. The first height standard in the proposed table specifically refers to single pole support structures and accordingly it could be perceived that any other support structure, that is not attached to a building, would fall under the following standards:

21 19 The height limits in the standard above are inappropriate for transmission line support structures Amend the maximum height standards to specify a specific and appropriate height standard which provides for transmission line support structures Transpower opposes the setback standards provided in Section 30.6 and Section The standards are entirely inappropriate to apply to transmission lines. Transmission lines, whether temporary or permanent, commonly cross rivers and therefore will encroach within the riparian setback, without adverse effect. It is unclear what effect applying this setback standard to lines is intended to manage Exclude transmission lines and their associated support structure from the separation distance and setback standard Delete Section Transpower opposes the matters of discretion contained in Section As proposed, the matters of discretion fail to allow recognition of the benefits of regional significant network utilities. Provision for the recognition of benefits is established through the inclusion of Objective and Policy and this should be reflected as a matter of discretion when considering resource consent applications for upgrading In addition, the matters of discretion must include recognition of the technical and operational effects of the network utility and how this may limit measures to avoid, remedy or mitigate environmental effects. Amend Section to include the following matters of discretion:

22 Local, national and/or regional benefits derived from the activity 20 Any constraints arising from technical and operational requirements of the network which may limit measures to avoid, remedy or mitigate environmental effects 4.86 Transpower supports in part this definition, but seeks a minor amendment to clarify that the activity does not need to meet the definition of line under both Acts referenced Amend the draft definition as follows: Means line as defined in section 5 of the Telecommunications Act 2001 and or in section 2 of the Electricity Act Transpower opposes this definition, as it is too restrictive and does not appropriately provide for standard maintenance activities that Transpower regularly undertakes on the National Grid such as: Dry Abrasive Blasting of towers; Painting of towers; and, Grillage refurbishment Transpower considers that the definition as drafted provides no greater right than what is provided for through existing use rights. The definition also lacks certainty and Transpower is unclear which of its maintenance activities are covered by it Replace the definition of maintenance with one that is clear and which provides for standard National Grid maintenance activities; 4.91 Or alternatively, delete the definition of maintenance Transpower opposes in part this definition. While many of the activities covered are appropriately defined as minor upgrading, Transpower has three concerns Firstly, exclusion (iv) requires clarification to ensure that in stating the addition of it means an increase in the number of, rather than the replacement of existing circuits, lines and utility structures, which should be considered a minor upgrade Secondly, the term Tower in clause (7) is not used elsewhere in the chapter and should be amended to support structure.

23 4.95 Lastly, it is noted that the note associated with the definition is not clearly worded Amend clause (7) as follows: (7) Tower Support structure replacement in the same location or within the existing alignment of the transmission line corridor; and 4.97 Amend clause (iv) as follows: (d) the addition of any new circuits, lines or utility structures where this results in an increase in the number of new circuits, lines or utility structures Amend the note as follows: Note: The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 applies to all the existing n National g Grid, and applies to all Transmission Lines that were operational, or able to be operated, on 14 January Transpower opposes in part the definition of Network Utility. The definition references section 2 of the Electricity Act 1992, but it is not clear which definition from that Act is being referred to; there is no direct definition for the conveyancing of electricity. Transpower seeks that a clear definition is included which specifically includes the National Grid Retain the definition of network utility without amendment, except as requested below Replace clause (iii) with the following:...(iii) works (as defined in section 2 of the Electricity Act 1992) for conveyancing of electricity Transpower opposes the definition as it does not specifically include transmission line poles or towers / support structures. It is considered appropriate that these structures are explicitly included in the definition Amend the definition of Network Utility Structure as follows: means any structure associated with a network utility and includes, but is not limited to, electricity line support poles and towers, pipes, valves, meters, regulator stations, transformers (other than pole mounted transformers), substations (other than overhead substations), compressor stations, pumping stations, navigational aids, meteorological installations, containers and similar structures. It does not include cabinets, lines, antennas and masts.

24 Transpower supports this definition and in particular bullet point two which refers to the National Grid, as defined by the NPSET. It is important that reference to the NPSET remains as the National Grid has not been or is not proposed to be defined separately in the District Plan Retain the definition of Regionally Significant Network Utilities without amendment Transpower opposes the definition of upgrading. Generally this is because it remains unclear what is the difference between minor upgrading, upgrading and new facilities. Transpower is unable to determine what activities would fall under the upgrade category of activities. At present, for example, some of the activities included in upgrading bear little difference to those defined as minor upgrading. In turn, many of the activities included in upgrading are activities that would be simple maintenance or minor upgrade activities that either do not result in a physical change to the asset(s) or do not result in a change to the environment in which they are located Replacement, repair, renewal or an improvement in the operating efficiency of the National Grid are not considered to be upgrades In relation to transmission lines, including their support structures, Transpower considers that the definition should provide for all upgrading that is not minor upgrading and which is not the establishment of new transmission lines. The definition also needs to allow for upgrades to substations In addition Transpower is concerned specifically with clause (c) which references permitted activity standards. Standards relevant to upgrading activities rules should be listed in the rule itself, and not in both the definition and in the rule. Including standards in multiple locations simply adds to the complexity of the plan change Amend the definition of upgrading so that it is clear that all activities which are not operation, maintenance or minor upgrades of transmission lines and substations, or the establishment of new transmission lines or substations, are defined as upgrading.

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26 -T EE - B Paraparaumu Paraparaumu KAM HO - PKK -B PR M Raumati -P K MH O 1 IL A -A -U H T MST Upper Hutt BPE-HAY-A W EBP BPE -HAY -B PKK-TK R-A Paekakariki HA YJF D HAY-TKR -A -A Upper Hutt _TR HT U _ Y HA UN 2 UNK K Haywards DC Haywards AC Path: S:\GISProjects\p15010_DistrictRegional_TPNZ_AssetMaps\MXDs\p15010_Assets_UpperHuttCity.mxd HA Y_ M LG _T R51 7 A AYB-H T O 58 YHA A TUH MS T_U HT_ TR D GF Y-A -H A Site District Boundary Substation Comms Site HVDC Site Transmission Line 110 kv Overhead 220 kv Overhead 350 kv Overhead External Disclaimer Underground Fibre Optic Cables This document is produced for external release. Its conclusions are based on the information currently available to Transpower and may change as further information becomes available either internally or externally. Major Road Transpower Assets, Upper Hutt District Prepared by: Geospatial & Drawings Projection: NZTM 2000 Scale: 1:110,000 Plan Size: A3P Km COPYRIGHT 2015 TRANSPOWER NEW ZEALAND LIMITED. ALL RIGHTS RESERVED This document is protected by copyright vested in Transpower New Zealand Limited ("Transpower"). No part of the document may be reproduced or transmitted in any form by any means including, without limitation, electronic, photocopying, recording or otherwise, without the prior written permission of Transpower. No information embodied in the documents which is not already in the public domain shall be communicated in any manner whatsoever to any third party without the prior written consent of Transpower. Any breach of the above obligations may be restrained by legal proceedings seeking remedies including injunctions, damages and costs. Date: 23/01/2015 Drawn by: heymannsl