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
3. 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.

4. 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—

5. for a project or work; or
6. 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.

7. 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.

8. Repealed

9. A notice given under subsections (1) to (3) must include an assessment of any effects that the project or work will have on the environment.

10. The assessment of the effects of the project or work on the environment must—

11. have particular regard to any relevant provisions of—
    1. a national policy statement:
    2. a New Zealand coastal policy statement:
    3. a regional policy statement or proposed regional policy statement:
    4. a plan or proposed plan:
12. if the requiring authority does not have an interest in the land sufficient for undertaking the work,—
    1. give adequate consideration to any alternative sites, routes, or methods of undertaking the work; and
    2. explain how the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought:
13. if the requiring authority has an interest in the land sufficient for undertaking the work, and the work is likely to result in any significant adverse effect on the environment, describe possible alternative locations or methods for undertaking the activity.

14. The information required to be provided in the assessment need only be at a level of detail that is proportionate to the nature and significance of any effects of the project or work.

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

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

17. publicly notify the withdrawal; and
18. notify all persons upon whom the requirement has been served.