Contact Energy - RM22.421

Contact Energy Limited – 2001.385.V3 – Approximately 1.5 kilometres upstream of Clyde, 2001.386.V4 – Upstream of Roxburgh Hydro Village, 2001.398.V2 – Lower Manuherikia River and Lake Roxburgh.

Application No. RM22.421

Council requested a report from an independent commissioner to assess whether the conditions of Contact Energy’s resource consents were adequate to avoid, remedy, or mitigate adverse effects on the environment. The commissioner concluded that conditions relating to Landscape and Visual Amenity Management Plans (LVAMPs) were inadequate. Consequently, Council served notice on Contact Energy of its intent to formally review the following conditions, pursuant to Section 128(1)(a) of the RMA:

i. Condition 17 of RM2001.385.V3 relating to the LVAMP for the Kawarau Arm of Lake Dunstan
ii. Condition 18 of RM2001.386.V4 relating to the LVAMP for the Manuherekia River
iii. Condition 8 of RM2001.398.V2 relating to the LVAMP for the Manuherekia River

The purpose of the review was to address the ineffectiveness of the listed conditions. In doing so, the review sought to achieve the following outcomes:

i. The consent conditions are direct, certain, enforceable and intra vires.
ii. The adverse effects which are not being effectively avoided, remedied or mitigated by the conditions are addressed.
iii. Adequate monitoring and reporting is undertaken by the Consent Holder as it relates to the LVAMPs.

In accordance with Section 129(1)(d), the Consent Authority invited Contact to propose new consent conditions to address the above matters. Contact Energy Ltd provided a revised set of conditions for Council’s consideration in a memorandum prepared by Mitchell Daysh Ltd dated 28 March 2023.

The review was a discretionary activity under Section 130(3) of the RMA. Council considered Contact Energy’s assessment and concluded that the revised conditions would reduce adverse effects on landscape and visual amenity, and would be consistent with the relevant statutory requirements, planning documents and Part 2 of the Resource Management Act. Contact Energy’s resource consents were reissued with the revised conditions.