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Resource Management Act 1991

Designations and heritage orders - Designations

168: Notice of requirement to territorial authority

You could also call this:

“Telling the council about a big project that needs special rules”

If you are a Minister of the Crown or a local authority, you can give notice to a territorial authority about a public work that needs a designation. You can do this for a public work or for land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning of the work. You must give notice in the prescribed form.

You can also give notice for a project or work that has been approved under section 167. This can be for the project or work itself, or for land, water, subsoil, or airspace where a restriction is necessary. Again, you must give notice in the prescribed form.

A local authority can give notice for a work related to constructing eligible infrastructure. If you have given a notice, you can withdraw it by giving written notice to the territorial authority. When a territorial authority gets a withdrawal notice, they must publicly notify the withdrawal and tell all the people who got the original notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236221.

Topics:
Environment and resources > Town planning Government and voting > Local councils
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167: Application to become requiring authority, or

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

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168A: Notice of requirement by territorial authority, or

"A council can ask for a special approval to do a big project in their area, like a road or a park, and must think about how it affects the environment."

Part 8 Designations and heritage orders
Designations

168Notice of requirement to territorial authority

  1. A Minister of the Crown who, or a local authority which, has financial responsibility for a public work, may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation—

  2. for a public work; or
    1. in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.

      1. A requiring authority for the purposes approved under section 167 may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation—

      2. for a project or work; or
        1. in respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of such a project or work.

          1. In addition, a local authority may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation for a work that relates to the construction of eligible infrastructure for which the local authority is a responsible infrastructure authority.

          2. Repealed

          3. A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority affected.

          4. Upon receipt of notification under subsection (4), the territorial authority shall—

          5. publicly notify the withdrawal; and
            1. notify all persons upon whom the requirement has been served.

              Notes
              • Section 168(1): amended, on , by section 60(1) of the Resource Management Amendment Act 2003 (2003 No 23).
              • Section 168(2): amended, on , by section 60(2) of the Resource Management Amendment Act 2003 (2003 No 23).
              • Section 168(2): amended, on , by section 85(a) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 168(2)(a): replaced, on , by section 85(b) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 168(3): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
              • Section 168(3): repealed, on , by section 60(3) of the Resource Management Amendment Act 2003 (2003 No 23).