Meridian Energy Ltd

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

09/04/2011

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

RESOURCE MANAGEMENT - successful application for resource consent for a wind farm - applicant proposed to construct and operate a 33 turbine wind farm 4km from the recently consented Mt Cass wind farm - site between the Waipara and Hurunui Rivers, between the Greta Valley and Omihi settlements - no outstanding natural features or landscapes - application referred directly to the EnvC for hearing under s87C(1) Resource Management Act 1991 (RMA) - proposal a discretionary activity under s104 RMA - Court took into account the impact of the consented but not yet constructed Mt Cass wind farm - opposition to the proposal mainly from the local community - NZS 6808:2010 (the Standard) most workable noise assessment framework for this proposal - no property treated as a high amenity area for the purposes of the Standard - applicant proposed to establish a fund to support projects in the local community (the Community Fund) - parties' views differed as to the amount of the fund, when amounts would be paid and how it would be administered - whether to grant consent

HELD: consent granted subject to amended conditions - decision final in respect of the grant of resource consent (on amended conditions), but interim in respect of the precise wording of conditions, particularly the Community Fund conditions - respondent Councils directed to submit to the Court amended consent conditions giving effect to this decision by 17 May 2013 - in preparing the amended conditions, Council to consult with other parties, particularly in relation to the Community Fund conditions - any party wishing to make submissions regarding the Community Fund conditions to file them by 17 May 2013 - costs reserved

CASE DOCUMENTS

Meridian Energy Ltd [2013] NZEnvC 59