3 The Brief

MfE is the government ministry responsible for administering the RMA. The functions of the Minister for the Environment, listed under s24 of the RMA, include:

The monitoring of the relationship between the functions, duties and powers of central and local government….; and

The monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance.

The brief for the project comprised the following tasks:

1. Review relevant MDC files relating to the applications lodged by TrustPower Ltd. to construct, operate and maintain a 72 Mw hydro electric power scheme in the Wairau Valley. The objective of the file review was to gain an understanding of the RMA administrative process undertaken by MDC to progress the TrustPower applications from receipt through to the issue of consent.
2. Undertake structured interviews with representatives from TrustPower, MDC consents staff, the MDC hearing panel and a targeted range of statutory agencies (e.g. Nelson/Marlborough Conservancy of Department of Conservation, Nelson/Marlborough office of Fish and Game). The purpose of the interviews was to augment information derived from the file review, clarify any process ambiguities identified and explore the conduct of the applicant and the consent authority during the process.
3. Based on the information derived from the file review and structured interviews prepare a report that:
   • documents the resource consent process associated with the TrustPower applications;
   • compares and contrasts this process with the statutory consents process set out in the RMA, including documenting any identifiable gaps or inconsistencies; and
   • identifies and documents key challenges and learnings associated with processing the TrustPower applications.

The brief focuses solely on administrative process and does not involve any review of the merits of the decisions made. Although many of the parties interviewed during the course of undertaking this review commented on this matter, none of the comments made are included within this report.

3.1 Author’s Notes

There are several stages in the consenting process prescribed in Part 6 of the Act that were not tested during the Wairau process and are therefore not discussed further in this report. In particular it was always presumed by both the applicant and the consent authority that all the applications would be publicly notified, so the provisions of sections 93 and 94 of the Act (which relate to notification) are of little relevance to this review.

Further information was sought from the applicant early in 2006 under the provisions of s92 of the Act once the peer review reports were completed. The need for further information was not contested by the applicant, and no submitter made any particular comment on this matter, so it is not discussed further here.

In a number of instances reference is made to the plan or the proposed plan. This is the (now operative) Wairau Awatere Resource Management Plan which sets a flow regime for the Wairau River. A minimum flow of 8 cubic metres per second (m3/s) is set for the river at the Tuamarina gauging site; below this no water is able to be taken. There is then a “B” allocation block from 8 to 30 m3/s. Above this water can be taken but is subject to flow sharing. Takes above the Branch River confluence (as proposed by TPL) are non-complying activities.

In places throughout the report quotes are used. Those from written reports or correspondence are verbatim (except that reference to named persons is generally changed). Those quoting oral interviews are not necessarily verbatim but reflect accurately what respondents said (records of interviews were read back to them to check for accuracy).

The statutory point of reference in this report is the RMA prior to the passing of the Resource Management (Simplifying and Streamlining) Amendment Act 2009.