Regulatory Settings

The Resource Management Act 1991 (RMA) is the principal regulatory instrument controlling the taking and use of geothermal fluid and energy in New Zealand. Most of the large geothermal projects are now operating under resource consents applied for and issued under the RMA, the first of which were those for Ngawha. For some projects which were in operation before the RMA, and which were operating under older instruments, consents have subsequently been obtained. Water rights previously granted have generally been replaced by resource consents.

There have been various amendments to the RMA, one of these being implemented through the passing of the Resource Management (Energy and Climate Change) Amendment Act 2004. This defined geothermal energy as renewable for the purposes of the Act, and required councils to consider the benefits to be derived from the use and development of renewable energy.

The RMA has come under close scrutiny in recent years. Key problems identified for major projects include: time delays (and the costs associated with those time delays), and variation of the quality of decision-making, particularly in relation to identification and weighing of matters of national importance. Process costs and the quality of public participation are also of concern.

The Government has given consideration as to whether various councils could be usefully guided by National Policy Statements (NPS's). Potential NPS's which could impact on geothermal development include statements on generation, transmission or biodiversity.

All geothermal resource in New Zealand are subject to Waitangi Tribunal claims, most notably the so-called "Volcanic Interior Plateau" claim. While it may be some time before these claims are resolved, the Tribunal has begun to hear evidence for these claims and a special settlement has been made with Tuwharetoa Ki Kawerau (TKK) for the Kawerau geothermal resource. Most of the recent geothermal developments have whole or partial Maori ownership of station or steamfield so the claims do not appear to be an obstacle for developers.

Resource consents are issued and administered by Regional Councils, although District Councils do have a role to be aware of the effects under section 35 (5) (j) of the RMA. There are only three Regional Councils whose areas of responsibility include high temperature geothermal systems.

In the north, the Northland Regional Council is responsible for the Ngawha geothermal system, which is the sole high temperature geothermal system in New Zealand outside the Taupo Volcanic Zone.

The Waikato Regional Council, Environment Waikato, has responsibility for most of the large high temperature geothermal systems in the Taupo Volcanic Zone and therefore in New Zealand, including all of the geothermal power plants except Kawerau. There are also many undeveloped geothermal resources in this area. Its area includes many low temperature fields. The draft Waikato Regional Plan includes a geothermal module which will provide guidelines for future geothermal developments when it becomes operative.

Environment Bay of Plenty has responsibility for the remainder of the Taupo Volcanic Zone. While the only large-scale development in their area is at Kawerau, there are many smaller direct use applications at a number of fields in their area, including Rotorua and Tauranga. At Rotorua there is a complex geothermal management situation involving many small direct users that are regulated by the Rotorua Geothermal Regional Plan. There are other undeveloped geothermal resources in their area of responsibility.

The effects of geothermal extraction at Wairakei, particularly subsidence effects, are closely monitored by the Taupo District Council.
http://www.taupodc.govt.nz/news/council+welcomes+tougher+geothermal+rules.htm
 http://www.taupodc.govt.nz/news/geothermal+fluid+re-injection+sought.htm
 http://www.taupodc.govt.nz/news/strict+conditions+attached+to+wairakei+consents.htm

The NZ Geothermal Association has identified the procedures adopted under the Resource Management Act (1992) as having been an obstacle to geothermal development. The Association is supportive of the principles of the RMA, but is also supportive of efforts to streamline its application.

The majority of New Zealand's high temperature geothermal resources are within the Waikato Region. A Draft Regional Plan has been under discussion for some years. Formal submissions were received in late 2000, leading to release of the Proposed Plan in late 2001. Further revisions of both the Plan and the Policy Statement have been proposed and these are now subject to appeal at the Environment Court. The Plan now has legal status, in that it will eventually become operative in its present form subject only to references to the Environment Court.

Environment Waikato has classified the Region's geothermal systems into five categories with a different management approach for each category. Classification is based on ranking each system's characteristics and aims to balance development with the protection of highly valued surface features.

Individual geothermal systems are classified by Environment Waikato as follows:

Classification

Geothermal field

Development

Horohoro, Mangakino, Ngatamariki, Mokai-Ongaroto, Ohaaki-Broadlands, Rotokawa, Wairakei-Tauhara

Limited Development

Atiamuri, Tokaanu-Waihi-Hipaua

Research

Reporoa, Te Kopia

Protected

Orakei Korako, Horomatangi, Taupo, Waikite-Waiotapu-Waimangu,Tongariro

Small

Numerous low temperature systems

Protected systems contain vulnerable geothermal features, and their protected status ensures that underground geothermal fluids cannot be extracted and that the surface features are not damaged by unsuitable land uses. In systems classified as Limited Development and Research, small takes that will not damage surface features are allowed. In geothermal systems classified Development, development is permitted subject to obtaining resource consents and the environmental impact being acceptable. Overall, the classification reduces the national geothermal resource that is available for development.

Definition Of Surface Geothermal Features Environment Waikato Regional Policy Statement

Molten sulphur-producing spring: A hot spring whose water supply passes through elemental sulphur bearing rock at a temperature sufficiently high to melt the sulphur (119°C) and bring it to the surface.

Mud geyser: Any naturally occurring geothermally heated mud pool that occasionally or frequently erupts. The eruption produces an intermittent or continuous discharge caused by the evolution of a phase dominated by steam or other gases. This must be vigorous enough to forcefully raise liquid mud by surging, boiling, throwing, splashing, or jetting it into the air above a static water level. This includes mud volcanoes exhibiting this behaviour. The area covered by a mud geyser includes the mud pool, its banks, and any mud formations built up by the ejection of mud from the pool.

Geyser: Any naturally occurring geothermal spring that occasionally or frequently erupts producing an intermittent or continuous discharge by the evolution of a phase dominated by steam or other gases, vigorous enough to eject forcefully liquid water by surging, boiling, throwing, splashing, or jetting it into the air above a static water level or vent opening. This includes hot water geysers, perpetual spouters, soda geysers, and crypto-geysers. The area of a geyser comprises that of the spring basin and the area covered (perhaps intermittently) by surface water composed of the undiluted discharge from the geyser, and by any sinter deposits created by that discharge.

Sinter-depositing spring: Any naturally occurring geothermal spring that deposits sinter on surfaces covered by its outflow, or any submerged geothermal spring that would be likely to deposit sinter if it were no longer submerged. The area of a sinter-depositing spring comprises that of the spring basin, together with the area covered by any surface water composed of the undiluted outflow from the pool and any sinter deposits created by that outflow.

Recent sinter: Any sinter body that has received natural sinter deposition since 1900 but which is no longer receiving natural sinter deposition. This includes carbonate sinters (travertine). The area of a recent sinter body consists of that of all interconnected sinter in a single occurrence and the land formations underlying it.

Significant geothermal habitat: Any area classified as being of International, National, Regional or District significance in the document "Geothermal Vegetation of the Waikato Region - Revised and Expanded 2003", dated June 2003, prepared by Wildlands Consultants Ltd for Environment Waikato, or any geothermal area that meets the criteria for determining significant indigenous vegetation or significant habitat of indigenous fauna in Appendix III of the Waikato Regional Policy Statement.

Superheated fumarole: Any naturally occurring vent, including those found underwater, whose main discharge consists of steam and other gases of geothermal origin with a temperature greater than the local boiling temperature of water. The area of a fumarole consists of the vent, any surface accumulating mineral deposits derived from its gases, and any ecosystems dependent on the heat and fluid flowing from the vent.

Geothermal wetland, lake, pool, or stream: Any naturally occurring wetland, lake, pool, or stream, whose chemical or temperature profile is so influenced by natural geothermal input that it either provides habitat for thermotolerant, thermophilic, or extremophilic organisms, or contains water hotter than 30°C. The area covered by a geothermal wetland, lake, pool, or stream consists of the water body, its bed and banks, any mineral deposits derived from the water body or its outflow, and any thermotolerant, thermophilic, or extremophilic ecosystems dependent on it.

Hydrothermal eruption crater: Any naturally occurring crater produced by the explosive boiling of geothermal water without the direct involvement of near-surface magma, and by the consequent ejection of material derived from the rock matrix. The area of a hydrothermal eruption crater comprises that of the crater, its sides, and the ejecta deposited around the crater.

Mud pool: Any naturally occurring basin of turbid water or mud heated (or recently heated) by geothermal processes. The area of a mud pool comprises that of the pool itself, its banks, and any mud formations built up by the ejection of mud from the pool.

Culturally significant feature: Any geothermal surface feature, whether artificial, natural, or modified that is of outstanding cultural heritage significance.

Environment Bay of Plenty has currently classified its geothermal fields into three management groups and these will shortly be expanded into five management groups. Group  1 is identified for complete preservation and includes Waimangu/ Rotomahana/ Tarawera, White Island and Whale Island. Group 2 specifically relates to the Rotorua geothermal field, with its own operative plan. Group 3 requires protection of certain surface features but may allow limited development of Tikitere/Ruahine, Taheke, Rotokawa/Mokoia Island and Rotoma/Tokorangi. Group 4 is intended for development and includes Kawerau, Lake Rotoiti and Rotoma/Puhi Puhi. Group 5 covers a range of low temperature resources.

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