Ann: GENERAL: NWF: Environment Court Decision

• Release Date: 22/04/15 10:54
• Summary: GENERAL: NWF: Environment Court Decision
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					NWF
22/04/2015 10:54
GENERAL
PRICE SENSITIVE
REL: 1054 HRS NZ Windfarms Limited

GENERAL: NWF: Environment Court Decision

NZ Windfarms Limited ("NWF") advises it has received the Environment Court's
decision on an application by Palmerston North City Council for declarations
on the company's compliance with its operating consent.

The applications challenged the way NWF is operating in relation to the noise
conditions of its resource consents, and sought to establish that NWF was not
compliant with them.

The Court has:

- Found in favour of Declaration 1.1 sought by the Council -- that the noise
emissions from NWF's wind turbines at the Te Rere Hau wind farm have known
special audible characteristics when measured in the near field.

- Declined Declaration 1.2 -- that a penalty of +5dB is to be applied to the
measured sound levels at the reference sites, which are noise receiving
locations in the far field.

- Declined Declaration 1.3 -- that, for the purposes of undertaking an
objective test for tonality in accordance with specific noise condition 5(l)
of the resource consent, the assessment technique contained in IEC61400-11
(2002) is to be used. This requires measurements and assessments to be
undertaken at locations close to the wind turbine generator (in the near
field).

- Declined Declaration 1.4 -- that NWF is not (even without special audible
characteristic penalty) complying with noise limits of its resource consent
at certain receiving locations in several wind speeds and directions (6
listed instances). The Court found that the declaration was not confirmed for
five of the listed instances and that there is uncertainty in the sixth case.
This uncertainty was sufficient for the Court not to make a declaration in
that instance.

In declining to make the declarations sought by the Council the Environment
Court has agreed with NWF's conclusion, following exhaustive monitoring by
acoustic experts, that the wind farm is meeting the specific noise conditions
of the existing consent near residents' boundaries. The Environment Court has
previously found that due to deficiencies in the Assessment of Environmental
Effect provided in support of the original resource consent application and
the limitations of the wording of the consent conditions, the Council can
initiate a review of the consent conditions. The decision announced today
reiterates that the Court's previous findings stand, and are expanded by its
conclusion on these final outstanding determinations.

In August 2014 NWF applied to the Council for a review of some conditions of
the resource consent under section 127 of the Resource Management Act. This
application was designed to clarify the technical issues in regard to the
assessment, monitoring and reporting of noise output from the wind farm. NWF
saw benefits in the proposed review process as the changes were designed to
enable compliance to be clearly assessed and any necessary remedial actions
to be identified. The Council did not accept the application at that time.

NWF is pleased that the Court has agreed with NWF's expert advice and remains
committed to working with the Council and the local community on
constructively resolving issues concerning noise, rather than further
litigation. The extensive litigation to date has cost both parties a
significant sum of money without advancing the practical resolution of the
issues raised.

ENDS
For further enquiries contact:
Chris Sadler
Chief Executive Officer
Ph (021) 918 216
End CA:00263403 For:NWF    Type:GENERAL    Time:2015-04-22 10:54:20