Jason Welsh acts for Tilt Renewables in respect of its 48 turbine coastal Waverley Wind Farm proposal located in South Taranaki. The application also involves the construction a of 13km transmission line. Regional Council consents were granted on a non-notified basis, and a hearing on the District Council consents was held in May 2017 before Independent Commissioners. Following engagement prior to and during the hearing, all key stakeholders (including iwi) either withdrew their submissions or amended their positions to that of neutrality. In July 2017 the Independent Commissioners released their decision, granting consent for all 48 turbines sought by Tilt Renewables. On 17 October 2018 Genesis and Tilt Renewables announced a strategic partnership which will allow construction of the Waverly Wind Farm to begin as early as the first half of 2019.
Chris Simmons acts for Two Degrees Mobile Limited across a range of policy and project matters. This has involved assisting with consenting new telecommunications facilities throughout New Zealand, installation of updated or expanded infrastructure at existing sites, and policy issues including the National Environmental Standard for Telecommunications Facilities and the Auckland Unitary Plan.
Refining NZ operates New Zealand’s only oil refinery at Marsden Point, Whangarei, producing all of the country's jet fuel, nearly 80% of its diesel requirements, and around half of all petrol used. The principal means of transport for bulk fuel from the refinery to the Auckland region is the 'Refinery to Auckland' pipeline, also owned and operated by Refining NZ.
ChanceryGreen acted for Refining NZ in seeking designations for the Refinery to Auckland pipeline, to provide additional and enhanced protection for the facility against future changes in land use and development that could compromise its ongoing security and integrity. ChanceryGreen led the Refining NZ team through consecutive Council hearings over the length of the pipeline. All Councils recommended that the designations be approved, and Refining NZ issued its decisions confirming the designations, protecting the pipeline subject to conditions.
ChanceryGreen advises Refining NZ on all environmental matters, including compliance, risk management, hazardous substance management, climate change matters and resource consenting. ChanceryGreen is currently assisting Refining NZ with a coastal dredging project to enable more efficient use of its terminal.
ChanceryGreen acted for Sanitarium Health & Wellbeing Company in successfully reconsenting the air discharge permit for its principal New Zealand manufacturing site. The Pah Road site operates 24 hours a day, up to six days a week and produces, stores, packages and delivers many of New Zealand’s favourite breakfast cereals and cereal-based food products.
As the site is located among residential and industrial areas, a comprehensive Air Quality Management Plan and consent conditions were prepared to mitigate any adverse effects from the site’s operations on neighbouring properties. Sanitarium was granted the air discharge consent from Auckland Regional Council upon satisfactory conditions following a week-long hearing in May 2010.
ChanceryGreen acts for Mighty River Power in respect of its Puketoi Wind Farm, which consists of up to 53 wind turbines located in the Puketoi Ranges, near Palmerston North. Resource consent was granted by a joint council hearing panel in June 2012, and appeals in respect of that decision are currently before the Environment Court.
The Puketoi site was selected in particular for its outstanding wind resource, and its proximity to existing infrastructure, including Mighty River Power's first consented wind farm at Turitea.
Once constructed, the Puketoi Wind Farm will have an installed capacity of between 159 and 326 MW, depending on turbine selection. It will generate up to 1,272 GW per year, which is sufficient electricity for 160,000 homes.
ChanceryGreen acted for Pacific Steel Group in successfully re-consenting its steel recycling plant. Pacific Steel, a division of Fletcher Building, is New Zealand’s largest metal recycler, converting around 300,000 tonnes annually of scrap metal into quality steel products. Pacific Steel is New Zealand’s only steel rod and bar manufacturer, and plays a major role in the construction market, holding an 85% market share in the production of reinforcing steel.
Pacific Steel’s operations are highly valuable to the meeting New Zealand’s recycling and waste management targets. Pacific Steel were granted the air-discharge consent from Auckland Regional Council upon satisfactory conditions following a week-long hearing in April 2010.
ChanceryGreen advised Mighty River Power throughout the scoping, feasibility, consultation and consenting process for the Turitea Wind Farm, a significant wind farm proposed to be located in the Tararua Ranges near Palmerston North.
Due to its national significance, the Turitea Wind Farm was called in by the Minister for the Environment in December 2008 and referred to a Board of Inquiry for determination. The hearing ran from July 2009 – March 2010. The Board's final decision, granting consent to the wind farm, was issued in September 2011.
The proposed site of the Turitea Wind Farm is considered one of the best wind generation sites in the world. As part of the Turitea Wind Farm will be situated in a reserve containing the Palmerston North City water supply, the ChanceryGreen team has been involved in a series of complex negotiations with the Department of Conservation and councils to develop a long term ecological mitigation package to ensure environmental impacts on the reserve and water supply are minimised.
ChanceryGreen acted for Contact Wind Limited and Contact Energy Limited on their applications for resource consents for the construction and operation of the Hauāuru Mā Raki wind farm and for notices of requirement necessary for related electricity transmission infrastructure. The wind farm had an installed capacity of up to 504MW and was expected to cost approximately NZD$1.5 billion to construct. It represented at the time the third largest consented renewable energy project in New Zealand, after the Manapouri and Benmore hydroelectric schemes (both of which were authorised by specific legislation). Because of the national significance of the project, the applications were ‘called in’ by the Minister for the Environment, and heard before a Board of Inquiry specifically appointed to consider them. The sheer scale and spread of this project posed significant challenges in terms of planning and managing expert input, as did the importance of Maori cultural and spiritual issues in this coastal area. Ecological considerations were also a very significant factor.
Following adjournment of the initial Board of Inquiry hearing in May 2009, Jason Welsh was appointed by Contact to advise on all aspects of project consenting and strategy, and to represent Contact in the reconvened hearing. This included refinement of the entire proposal, and in particular significant input on critical ecology and avifauna issues, and development of an extensive and novel ecological package to offset environmental impacts.
Following the reconvened hearing the Board issued its final decision granting consent to all 168 turbines, and approving the notices of requirement for the transmission line.
SKYCITY Entertainment Group is one of New Zealand’s largest entertainment providers, and has premises in Auckland, Hamilton, and Queenstown, including Auckland’s iconic Sky Tower. ChanceryGreen advises SKYCITY on all aspects of its liquor licensing needs and responsibilities in New Zealand. ChanceryGreen regularly provides high level strategic advice, ensuring that all premises are operating in accordance with the most effective licensing arrangements possible, as well as the day-to-day management of licensing matters.
ChanceryGreen successfully re-licensed the entire SKYCITY Auckland premises, splitting the original ‘whole of premise’ licence into separate locality licences. Following a similar exercise in respect of SKYCITY Hamilton, licences sought as part of the separation of the ‘whole of premise’ licence have been successfully renewed.
Jason Welsh is NZQA accredited training providers for the Licence Controller Qualification and ChanceryGreen handles all aspects of obtaining and renewing General Manager certificates on behalf of SKYCITY employees.
ChanceryGreen also acted for SKYCITY in respect of resource consent applications for the proposed Elliott Tower, a 63-level apartment complex in Auckland City. The main issues raised in this appeal were the potential effects of Elliot Tower in respect of the various telecommunications facilities that are located in the Sky Tower, which is consented as both a telecommunications and observation tower. The Environment Court appeal was settled between the parties.
Jason Welsh acted for TrustPower Limited on its successful application for resource consents from the West Coast Regional Council and Grey District Council to construct a new 46MW hydroelectric power scheme as an enhancement to the existing Arnold River hydroelectric scheme.
The new scheme is to be located in the Arnold River Valley, near the existing Arnold Dam. Water will be diverted into a new canal and pond system, before being discharged back to the Arnold River. Principal elements of the project include a canal, a white-water kayak course, a storage pond, power station and outfall. The project will also incorporate a river diversion, concrete batching plant activities and haul roads. The decision of the Joint Hearing Committee granted all resource consents sought by TrustPower.
Five appeals to the decision were lodged, and four were either withdrawn or settled by negotiation. The one remaining appeal related only to consent conditions and did not challenge the grant of consent. The appeal was heard by the Environment Court in March 2010, and an interim decision was released in June indicating that the minimum flow regime proposed by TrustPower would be confirmed by the Court. Following a reconvened hearing, the Environment Court imposed conditions acceptable to TrustPower including a simplified adaptive management regime and the residual flow defended by TrustPower.
Jason Welsh acted for TrustPower Limited in respect of the successful consenting of its 200 MW wind farm near Lake Mahinerangi in Otago. The wind farm is being developed using an 'environment first' approach, with a focus on avoiding environmental impacts in the first instance.
Consent was confirmed by the Environment Court for construction of 100 turbines located over a 1,723 hectare site, necessary electrical transmission systems including a substation, transmission lines and an underground cabling network, and ancillary infrastructure such as a rain-water collection system for water supply and on-site water treatment plant.
The project required consents from both Clutha District Council and Otago Regional Council. Community consultation took place over a number of years, and culminated in applications for resource consent being filed with both Councils in 2006. The joint Council hearing was held in May 2007, and the decision to grant resource consents issued in September 2007. That decision was appealed to the Environment Court by an incorporated society, and the grant of consents was confirmed by the Environment Court in late 2008.
Chris Simmons also represented TrustPower in an associated High Court judicial review application concerning the Mahinerangi wind farm. Those proceedings resulted in a legal challenge to the grant of consents being dismissed, with the High Court awarding costs against the incorporated society which brought the proceedings.
The Mahinerangi wind farm is located within an energy landscape and in close proximity to the Deep Stream and Waipori hydro-electric power schemes, both of which Jason Welsh advised on the sucessful consenting.
ChanceryGreen has acted for Waikato-Tainui on the tribe’s settlement negotiations with the Crown concerning management of the Waikato River. This has included advising on, and preparing the resource management aspects of, the Agreement In Principle and Deed of Settlement signed between the parties regarding the Waikato River claim. ChanceryGreen also assisted in drafting settlement legislation and Te Ture Whaimana - a Vision and Strategy to recognise the importance of the River and its surrounds to Waikato-Tainui.
Following signing of the Deed of Settlement and introduction of the settlement legislation, ChanceryGreen has also advised Waikato-Tainui in its negotiations to reach Accords with various Government departments and agencies. The purpose of these Accords is to establish a comprehensive and integrated framework for the ongoing management of the Waikato River.
Negotiation of the Waikato River claim was unique from a resource management perspective, in particular as it:
- was the first settlement to be based on the principle of the Crown and Iwi “co-managing” natural resources, in order to restore and protect the health and wellbeing of those resources for future generations;
- involved the development of Te Ture Whaimana which will have special and unique legislative status as the primary direction-setting document for the river, and will be overseen by a specially appointed co-governance body known as the Waikato River Authority (or initially known as the Guardians Establishment Committee);
- has provided a stronger voice for the Waikato River itself; and
- has united a very diverse set of communities and values affiliated with the Waikato River under a common goal to restore its health and wellbeing. This has ultimate benefit for everyone in the country.
ChanceryGreen acted for Gasbridge, a joint venture project between Contact Energy and Genesis Energy. The project sought to preserve the option of importing liquefied natural gas in the future event of a shortage of domestic natural gas sources. ChanceryGreen advised Gasbridge on all environmental matters, including compliance, risk management and assessment, overseas investment act compliance, hazardous substance management, and resource consenting. The primary focus of the Gasbridge project has been to prepare resource consent applications for the development, construction and operation of a liquefied natural gas receiving and regasification facility at Port Taranaki New Plymouth. This has included reviewing and preparing comprehensive feasibility studies, risk analysis, compilation of expert reports and detailed discussions with regulatory authorities and Port Taranaki. Gasbridge has also consulted extensively with the New Plymouth community.
Since the inception of Gasbridge however, new gas supplies have been brought to the market, or are nearing production. The Gasbridge project may be revisited in the future if, and when, there is a need for additional supply of natural gas in New Zealand.