Appendix 3: A history of electricity transmission controls in New Zealand

Under the Town and Country Planning Act 1977 (the legislation that preceded the RMA) there were designations in district schemes for most infrastructure (eg, roads and rail). Pre-1988 transmission lines were built by the New Zealand Electricity Department. The Crown did not need to arrange designations, and lines of 110 kV or less were permitted. Designations were obtained for substations only.

When the RMA came into force in 1991, other requiring authorities were able to take advantage of the ‘rolling over’ of designations into the new framework, but Transpower (by that stage a state-owned enterprise in its own right) could not, because it had never needed designations. The Electricity Act 1992 was amended to make it clear that pre-1988 lines were legally established and therefore had ‘existing-use rights’ under the RMA. However, Transpower requires easements for post-1988 lines (which include restrictions on landowner activities, but not the general public). Designations or resource consents are obtained as appropriate for new lines.

The vast majority of existing transmission lines do not have designations or registered easements. Transpower is a requiring authority under the RMA, and has the ability to arrange for designations. This has not been done, however, because the costs of acquiring an interest in the land affected (through purchase, lease or easement) is likely to be prohibitive.

For pre-1988 transmission lines, Transpower relies on:

• transitional RMA provisions (section 375) for public utilities, including that transformers and lines for conveying electricity up to voltage 110 kV (capacity 100 MVA) be permitted in transitional district plans
• section 10 of the RMA, which provides for existing uses of land to be able to continue provided they were already lawfully established and the effects are the same or similar to those that existed before the rule became operative or the proposed plan was notified
• the Electricity Act 1992 (Part 3), which confirms that existing works (completed or partially completed prior to 1 January 1988) were ‘lawfully established’ and establishes rights of access for Transpower for maintenance and upgrading (provided the land is not injuriously affected)
• Electricity Act mechanisms, such as the ‘Trees Regulations’, and NZ Electrical Code of Practice 34, which set out electrical safe distances for activities near transmission lines
• resource consents, where they are required for activities that do not have existing-use rights and are not permitted in plans.