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Resource Management Act 1991

Designations and heritage orders - Designations

167: Application to become requiring authority

You could also call this:

“A company that runs things like power lines or water pipes can ask the government for special permission to use land”

You can apply to become a requiring authority if you are a network utility operator. To do this, you need to send an application form to the Minister. The Minister might ask you questions or request more information about your application.

If the Minister approves your application, they will publish a notice in the Gazette. This notice will say that you are approved as a requiring authority for a specific project, work, or network utility operation. The notice might include some conditions you need to follow.

Before approving your application, the Minister needs to be sure that it’s appropriate for you to be a requiring authority for your project. They also need to believe that you can handle all the responsibilities of being a requiring authority, including financial ones. You should be able to consider the interests of people affected by your work and the environment.

If you’re a special type of network utility operator (as described in section 166(1)), you don’t need to be financially responsible for the construction work.

The Minister can take away your approval as a requiring authority if they think you won’t finish your project, won’t do your job properly, or if you’re no longer a network utility operator. If this happens, the Minister will take over your responsibilities for any designations you had.

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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 8 Designations 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).