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Resource Management Act 1991

Designations and heritage orders - Designations

167: Application to become requiring authority

You could also call this:

"Apply to be in charge of a project that affects the environment and people"

If you want to become a requiring authority, you can apply to the Minister. You need to fill out the application form and give the Minister the information they need. The Minister can then decide if you can be a requiring authority for a specific project or network utility operation. The Minister will only approve your application if they think it is a good idea and you can handle the responsibilities that come with being a requiring authority. This includes taking care of the environment and the people affected by your project. If the Minister approves your application, they will put a notice in the Gazette saying so. The notice will also say what terms and conditions you need to follow, like providing a bond. You can find more information about what a network utility operator is in section 166(1). If the Minister thinks you are not doing a good job as a requiring authority, they can take away your approval. If this happens, the Minister will take over your responsibilities under section 180.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236219.

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Part 8Designations and heritage orders
Designations

167Application to become requiring authority

  1. A network utility operator may apply to the Minister in the prescribed form for approval as a requiring authority.

  2. The Minister may make such inquiry into the application and request such information as he or she considers necessary.

  3. The Minister may, by notice in the Gazette, approve an applicant under subsection (1) as a requiring authority for the purposes of—

  4. a particular project or work; or
    1. a particular network utility operation—
        1. on such terms and conditions (including provision of a bond) as are specified in the notice.

      1. The Minister shall not issue a notice under subsection (3) unless he or she is satisfied that—

      2. the approval of the applicant as a requiring authority is appropriate for the purposes of carrying on the project, work, or network utility operation; and
        1. the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment.

          1. If the applicant is a network utility operator described in paragraph (ha) of the definition of that term in section 166(1), the applicant need not have financial responsibility for the construction work for the purpose of the Minister being satisfied of the matters in subsection (4)(b).

          2. Where the Minister is satisfied that—

          3. a requiring authority is unlikely to undertake or complete a project, work, or network utility operation for which approval as a requiring authority was given; or
            1. a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or
              1. a requiring authority is no longer a network utility operator—
                  1. the Minister shall, by notice in the Gazette, revoke the relevant approval given under subsection (3).

                1. Upon the revocation of an approval under subsection (5), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, shall be deemed to be transferred to the Minister under section 180.

                Notes
                • Section 167: replaced, on , by section 84 of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 167(4A): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).