The NES-ENA set out national activity rules and consent requirements for electricity transmission, electricity distribution and EV charging infrastructure. They also manage some third-party activities near electricity lines.
The regulations specify:
- which activities are permitted when specified conditions are met
- the consent pathways and matters councils may consider when permitted activity standards are not met
- national standards for existing and new electricity distribution assets, including lines, support structures and cabinets
- rules for EV charging infrastructure and for subdivision, buildings, structures and earthworks near electricity networks.
The transmission provisions continue to apply principally to transmission lines that were operational, or able to be operated, on 14 January 2010. The NES-ENA also apply to electricity distribution assets and EV charging infrastructure as specified in the regulations. Electricity substations are not regulated by the NES-ENA.
The NES-ENA now include nationally consistent rules for electricity distribution lines, support structures, cabinets and associated network activities.
The NES-ENA does not provide for the construction of new transmission lines.
Permitted activities
Permitted activities now include:
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operating and maintaining existing transmission and distribution lines
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installing, replacing or maintaining conductors, wires and network telecommunications equipment where the relevant standards are met
- safety and operational signs associated with electricity networks
- altering, relocating or replacing support structures, distribution lines and cabinets within specified limits
- the construction, maintenance, operation, upgrade, replacement and removal of electricity vehicle charging infrastructure
- carrying out earthworks, vegetation clearance, blasting and protective-coating work.
Activities which need resource consent
the objectives and policies of the relevant plan or proposed plan.
Controlled activities
The council may impose conditions on specified matters but cannot decline consent unless insufficient information is provided. Some activities that fail permitted activity conditions will be controlled. Examples include undergrounding overhead transmission lines, moving poles and towers more than a specified distance from their existing location, and discharges to water that are more than minor.
Restricted discretionary activities
The council may decline consent or grant it subject to conditions on specified matters. Some activities that fail permitted activity terms and conditions will be restricted discretionary. Examples include earthworks on potentially contaminated land and constructing new distribution lines or cabinets in natural areas or historic heritage place or area.
Discretionary activities
The council may decline consent or grant it with or without conditions. Any transmission activities not listed elsewhere in the NES would be discretionary. Councils also have discretion under several rules designed to protect the electricity network.
Non-complying activities
The council may decline consent or grant it with or without conditions. It may grant consent only if satisfied that adverse environmental effects will be no more than minor, or the activity will not be contrary to the objectives and policies of the relevant plan or proposed plan. Non-complying status has been reserved for non-compliance with electric and magnetic field, radiofrequency field and national grid rules where the permitted activity standards are not met, posing potential risks to human health and safety.
Public notification of resource 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.
Rights of access to private land
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 NES.
About current plan rules
From commencement, the NES-ENA apply directly without reliance on district plan rules for most electricity network activities. Equivalent plan rules are displaced unless the regulations expressly allow a district or combined plan rule to be more lenient.
The NES-ENA contains leniency provisions for specified electricity distribution and EV charging rules. Where those provisions apply, a more lenient plan rule may continue to operate. The exceptions to leniency are in relation to electric and magnetic fields, radiofrequency fields and national grid rules, to ensure these rules provide standard levels of protection.
Plan rules addressing effects that are outside the scope of the NES-ENA may still apply. Councils should review and update provisions that duplicate or conflict with the NES-ENA.