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Resource Management Act 1991

Designations and heritage orders - Designations

166: Definitions

You could also call this:

“What special words mean in the Resource Management Act 1991”

When you read the Resource Management Act 1991, you will see some special words that have specific meanings. A designation is a rule in a district plan that gives effect to a requirement made by a requiring authority under section 168 or section 168A or clause 4 of Schedule 1. You can find more information about these sections by looking at the links to section 168 and section 168A and clause 4 of Schedule 1.

You will also see the term eligible infrastructure, which has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020. A network utility operator is a person who does certain jobs like distributing gas or operating a telecommunication network as defined in section 5 of the Telecommunications Act 2001 or a radiocommunication network as defined in section 2(1) of the Radiocommunications Act 1989.

A public work includes work that relates to the construction of eligible infrastructure. A requiring authority means a Minister of the Crown, a local authority, or a network utility operator approved as a requiring authority under section 167. You can also find information about responsible infrastructure authority, responsible SPV, and SPV in section 7 of the Infrastructure Funding and Financing Act 2020 and the Infrastructure Funding and Financing Act 2020 respectively.

When you see the term work relates to the construction of eligible infrastructure, it means the work involves constructing eligible infrastructure for which an SPV has financial responsibility or the work is required to facilitate the future construction of eligible infrastructure and the local authority has financial responsibility. You can find more information about this by looking at section 168 or section 168A.

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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—
                        1. an airport authority as defined in the Airport Authorities Act 1966, for the purpose of operating an airport as defined in that Act; or
                          1. an airport operator as defined in section 5 of the Civil Aviation Act 2023, for the purpose of operating an aerodrome in relation to which the airport operator is registered under that Act; 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 (g): replaced, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                                  • Section 166(1) network utility operator paragraph (h): repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                                  • 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).