Kyoto behind wind farm call-in

BY KATIE CHAPMAN

Large renewable energy projects will be called in under the National government because of the Kyoto Protocol on greenhouse gas emissions, Environment Minister Nick Smith says.

The minister yesterday defended his decision to call-in the Turitea Wind Farm, saying the project's national significance was unquestionable.

New Zealand's emissions were growing, and the issue had to be tackled, he said.

"Let's be honest about New Zealand's situation ... The biggest area of growth in emissions has been in terms of the energy sector."

New Zealand signed the Kyoto Protocol in 2002, committing the country to 90 per cent renewable energy by 2025.

Projects like the Turitea Wind Farm were needed to meet that goal, Dr Smith said.

"Large renewable energy projects will, under this government, be called in."

Asked if the Kyoto Protocol was the reason he called the Turitea project in, Dr Smith said it was.

"The clear reality is that the Turitea Wind Farm, with 131 turbines [now adjusted to 122 turbines], is large and does have an impact on New Zealand's overall generation mix.

"I'm surprised anyone would argue with that."

He listed about five small-scale wind farms he had not called-in, and said about 100 megawatts was the line between large and small projects.

The Turitea Wind Farm is about 360mW.

Questions arose over Dr Smith's call-in decision last week, when documents released to the Manawatu Standard under the Official Information Act showed Mighty River Power's proposed wind farm fitted only two of the eight national significance criteria: that it is in more than one district, and it is "likely to affect, or is relevant to New Zealand's international obligations to the global environment".

Other criteria were deemed to be locally, but not nationally, significant.

Legally, the project had to meet only one national significance criterion to be eligible for a call-in, Dr Smith said.

When it was put to him that the decision was still at his discretion, he agreed, but reiterated that he believed it was nationally significant.

Asked why he did not publicly state the Kyoto Protocol as a reason for calling in the project in his December press release, he said that was covered by the statement.

The statement announced the call-in, and then read: "This project is of a size and scale that justifies a board inquiry. I have consulted with local councils on the make-up of the board and appointed members they were intending to use as commissioners or were appointed to me."

The statement then named the board, and explained the public notification process, before listing two more reasons for calling in the project.

Those were that it covered more than one district and had wide public interest, and the perceived bias of the Palmerston North City Council.

City residents'misguided'

Palmerston North residents are "misguided" for wanting the Turitea Wind Farm application heard locally.

Environment Minister Nick Smith said yesterday a board of inquiry was the best way to handle Mighty River Power's wind farm application, because it would be appealed to the Environment Court anyway.

This comes after documents showed Dr Smith expressed confidence in the Palmerston North City Council's ability to hear the consent in a memorandum to Cabinet, then later cited concern over the council's perceived bias as a reason for the project's call-in.

Dr Smith said while he had confidence in the council's abilities, the community thought the council was biased. That had to be addressed.

"The key difference there is between perception and reality.

"Did I believe that there was a potential perception of conflict of interest given that they are a land owner? Answer: yes."

In September, more than 60 people attended a city council meeting to support a submission opposing the call-in of the Turitea Wind Farm. A council meeting typically attracts two to five members of the public.

The message to the council was that people wanted the hearing process kept local, chaired by commissioners appointed by the city council.

But Dr Smith still insisted there was a perception of bias in the community, that people thought the council could not hold a fair hearing.

"Those range of views have been expressed quite clearly through the board of inquiry process."

He believed people who wanted the project heard locally were "misguided".

"Even if the Turitea Wind Farm was not called in, it is inevitable it would end up going to the Environment Court."

Call-in part of Act

Environment Minister Nick Smith plans to use the call-in process more as part of his changes to the Resource Management Act.

In a memorandum to Cabinet in December, Dr Smith said the decision to call-in the Turitea Wind Farm application was "consistent" with changes he plans to make to the Resource Management Act.

When asked how an unratified law change could be used to justify a call-in, Dr Smith said the decision was consistent with National Party policy.

"There is absolutely nothing improper in indicating to the public and community of Palmerston North that making this decision is consistent with what National campaigned on during the election."

He had "properly noted" that to his Cabinet colleagues, he said.

"It is my intention, in future, to make greater use of the board of inquiry process."

The Resource Management (Simplifying and Streamlining) Amendment Bill 2009, including the proposal for an Environmental Protection Authority, has been referred by Parliament to the local government and environment committee for consideration.

It will report back to Parliament on June 19.

- © Fairfax NZ News