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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:

“Important people can ask local councils to set aside land for public projects”

If you are a Minister of the Crown or a local authority responsible for paying for a public work, you can tell a territorial authority that you need a designation. You do this by giving them a notice in a special form. You can ask for a designation for a public work, or for land, water, subsoil, or airspace where you need to put restrictions to make sure a public work can function safely or efficiently.

If you are a requiring authority approved under [section 167], you can also tell a territorial authority that you need a designation. You do this by giving them a notice in a special form. You can ask for a designation for a project or work, or for land, water, subsoil, or airspace where you need to put restrictions to make sure your project or work can function safely or efficiently.

A local authority can also tell a territorial authority that it needs a designation for work related to building eligible infrastructure that the local authority is responsible for.

If you are a requiring authority, you can take back your request for a designation at any time. You do this by writing to the territorial authority.

When a territorial authority gets a notice that a designation request has been taken back, they must tell the public about it. They must also tell all the people who were told about the original request.

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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:
Housing and property > Land use
Environment and resources > Town planning
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167: Application to become requiring authority, or

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

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168A: Notice of requirement by territorial authority, or

“A local council can ask to use land for public projects or special purposes, and must follow certain rules when doing so.”

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).