PHOEBE PARSON, UNIVERSITY OF WAIKATO IGC 2018 - Breaking the Barriers The 4th Iceland Geothermal Conference will be hosted in Iceland in April 2018. The conference offers an in-depth discussion of the barriers that hinder development of the geothermal sector and how to overcome them. It also focuses on the business environment through three separate themes: vision, development, and operations. Having established itself as an important regular conference of the international community, IGC 2018 brought together more than 600 participants from 40 countries from around the world. The 4th Iceland Geothermal Conference will be hosted in Iceland in April 2018. The conference offers an in-depth discussion of the barriers that hinder development of the geothermal sector and how to overcome them.

1. New Zealand’s Geothermal Law
Resource Management Act 1991
Phoebe Parson
Doctoral candidate | Law | Research Centre for Environmental, Resources and Energy Law

2. Contents
• Resource Management Act 1991
• Legal Status of Geothermal Resources
• Sustainable Resource Management
• Regional Policy and Rules
• Public Participation in Environmental Decision-making

3. New Zealand

4. New Zealand Overview & Resources
Waikato
Region
Bay of Plenty
Region

5. New Zealand - Geothermal Electricity Production

6. Resource Management Act 1991
Geothermal Resources
• Classified under the Act as part of water resources
• Geothermal resources cannot be owned by anyone
• Geothermal resources are for the benefit of all citizens, including
present & future generations

7. Resource Management Act 1991
RMA 1991
National
Legislation
Regional Plans Policy & Rules
Regulatory
Management
Regional
Authorities
Regional
Authorities

8. Resource Management Act 1991
Sustainable resource management principle
“Sustainable Management”
… Attempts to balance resource use & protection
with social & economic wellbeing, while recognising
the need to sustain natural resources for the
reasonably foreseeable needs of future generations
Champagne Pool, Waiotapu, Waikato Region (Black Robin Photography ©)

9. Regional policy - resource classification
DEVELOPMENT
LIMITED
DEVELOPMENT
Classification is based on ranking each system’s characteristics and aims to balance
development with the protection of highly valued surface features. There is a different
management approach for each category.
Smaller uses that will not
damage resource surface
features are allowed
Large-scale uses are allowed
as long as they are
undertaken in a sustainable
and environmentally
responsible manner
Not enough about the system
is known to classify it. Only
small uses and those
undertaken for scientific
research are allowed
RESEARCH
PROTECTED
Protected systems contain
vulnerable geothermal features
valued for their cultural and
scientific characteristics.
Underground geothermal water
source cannot be extracted and
surface features are not to be
damaged by unsuitable land uses
PROTECTED

10. Sustainable resource management
Regional Rules
Peer Review Panel Monitoring
Panels are technical experts & sometimes a Maori representative:
• Geothermal reservoir engineer; geophysicist; geochemist
Panels help the regulator:
• Assess permit applications
• Monitor permit conditions and system management plans
System management plans every 4 years
• Expand on general permit conditions
• Demonstrate Adaptive Management approach

11. Resource Management Act 1991 -
Public participation
Public participation at a strategic level:
• regional policy and plan development process
Public participation at an operational level:
• limited participation in permit application process
Requires access
to
environmental
information

12. Limits of public participation
• Developers can make private contracts to reduce appeals against development
• Developers, landowners, and local residents are those who typically participate
• Regional authorities protect the commercial interests of developers
• Lack of national-level strategy for renewable energy development in New Zealand
• No centralised repository for geothermal resource data and information

13. Thank you
Phoebe Parson, PhD Candidate
Centre for Environmental, Resources, and Energy Law
Te Piringa Faculty of Law
University of Waikato, New Zealand
prp6@students.waikato.ac.nz