Transpower backs plan to reduce appeal rights

Transpower has strongly supported a revamp of the Resource Management Act that will boost Government powers to intervene in projects and deny rights to appeal such decisions.

The embattled state-owned enterprise is facing huge opposition in the Waikato to a $500 million power line it wants to build to Auckland.

National grid general manager David Laurie told a parliamentary committee yesterday that Transpower strongly supported extra powers the bill would give the Environment Minister to "call in" projects.

That means a project would not be decided by a local council but by some other process such as a board of inquiry.

He said Transpower also supported limiting appeal rights of boards' decisions.

The act already allows appeals of these decisions to the Environment Court on both fact and law. But under the bill appeals could only be made to the High Court on points of law.

Transpower's enthusiasm for expanded call-in powers for the Government is revealed in a written briefing by officials in December to incoming Energy Minister Trevor Mallard, that was released last week.

Discussing the Waikato project, the briefing said the bill "could provide a range of options that may assist, including Government call-in of the RMA decision process if it were necessary or desirable to have the matter heard by a single body".

And yesterday Transpower environment manager Jenny Chetwynd told the committee: "These sorts of projects are suited to call-in where appropriate."

Talk of a call-in fuelled fears among the project's opponents that it will be railroaded through the consent process by a Government-appointed board.

Transpower has not ruled out asking for the project to be called-in and the Government has not ruled out granting such an application.

Meanwhile another official paper shows Transpower got what it wanted in the bill.

The Government announced its changes to the law in September and tabled the bill in December.

An Economic Development Ministry paper written in August reveals Transpower sought RMA changes to call-ins that would apply to notices of requirement (which it plans to use for the Waikato project) and restricting any appeals of boards of inquiry to points of law.

In a letter to some ministers, then Energy Minister Pete Hodgson said the paper noted: "Transpower's concerns about the RMA process would largely be addressed if proposals currently being developed in relation to the RMA review were accepted." But listed energy company Contact said yesterday appeal rights should not be reduced.

Ending the ability to appeal decisions of boards of inquiry to the Environment Court would deny applicants the chance to challenge bad decisions or alter an application.

However, Contact's submission said it also supported the ability of the Environment Minister to become involved in local authority decision-making where national interest was an issue.

Meanwhile Forest and Bird's submission slammed the provisions giving the Government and Minister more power, calling them "I am God clauses".

The submission said the powers in the bill were more draconian than those in the National Development Act introduced by the late Sir Robert Muldoon's National government in the 1970s.