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Resource Management Act 1991

Designations and heritage orders - Designations

166: Definitions

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“This section explains important words and ideas used in the law about planning and building things.”

This part of the law explains some important words and what they mean. Here’s what you need to know:

A ‘designation’ is something written in a district plan that puts into action a request made by a requiring authority. This request is made under section 168 or section 168A or clause 4 of Schedule 1.

‘Eligible infrastructure’ means the same thing as it does in section 8 of the Infrastructure Funding and Financing Act 2020.

A ‘network utility operator’ is someone who does things like distribute gas or electricity, run telecommunications or radio networks, manage water supply or sewerage systems, build roads or railways, or operate airports. It also includes someone called a ‘responsible SPV’ who is building or planning to build eligible infrastructure.

‘Public work’ includes work that’s related to building eligible infrastructure.

A ‘requiring authority’ can be a government minister, a local authority, or a network utility operator that’s been approved under section 167.

‘Responsible infrastructure authority’, ‘responsible SPV’, and ‘SPV’ all have the same meanings as in the Infrastructure Funding and Financing Act 2020.

Work ‘relates to the construction of eligible infrastructure’ if it involves building something that an SPV is financially responsible for, or if it’s work that’s needed to make it possible to build eligible infrastructure in the future and a local authority is financially responsible for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236206.

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Part 8 Designations and heritage orders
Designations

166Definitions

  1. In this Act—

    designation means a provision made in a district plan to give effect to a requirement made by a requiring authority under section 168 or section 168A or clause 4 of Schedule 1

      eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020

        network utility operator means a person who—and the words network utility operation have a corresponding meaning

        1. undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
          1. operates or proposes to operate a network for the purpose of—
            1. telecommunication as defined in section 5 of the Telecommunications Act 2001; or
              1. radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989; or
              2. is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or
                1. undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
                  1. undertakes or proposes to undertake a drainage or sewerage system; or
                    1. constructs, operates, or proposes to construct or operate, a road or railway line; or
                      1. is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or
                        1. is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or
                          1. is a responsible SPV that is constructing or proposing to construct eligible infrastructure; or
                            1. undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act,—

                              public work includes work that relates to the construction of eligible infrastructure

                                requiring authority means—

                                1. a Minister of the Crown; or
                                  1. a local authority; or
                                    1. a network utility operator approved as a requiring authority under section 167

                                      responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020

                                        responsible SPV has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020

                                          SPV means a responsible SPV that is identified by a levy order made under the Infrastructure Funding and Financing Act 2020 as having responsibility for the construction of eligible infrastructure.

                                          1. In this Part, work relates to the construction of eligible infrastructure if the work—

                                          2. involves such construction for which an SPV has financial responsibility; or
                                            1. is work—
                                              1. that is required to facilitate the future construction of eligible infrastructure; and
                                                1. for which the local authority or the territorial authority giving notice of its requirement for a designation (under section 168 or 168A) has financial responsibility.

                                                Notes
                                                • Section 166 heading: replaced, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) designation: amended, on , by section 83(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                                                • Section 166(1) eligible infrastructure: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) network utility operator paragraph (a): amended, on , by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).
                                                • Section 166(1) network utility operator paragraph (b): replaced, on , by section 158 of the Telecommunications Act 2001 (2001 No 103).
                                                • Section 166(1) network utility operator paragraph (c): replaced, on , by section 83(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                                                • Section 166(1) network utility operator paragraph (ha): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) public work: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) responsible infrastructure authority: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) responsible SPV: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(1) SPV: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 166(2): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).