168ANotice of requirement by territorial authority

1. This section applies if a territorial authority decides to issue a notice of requirement for a designation—

2. for a public work within its district and for which it has financial responsibility; or
3. for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; or
4. 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.

5. The territorial authority must decide whether to notify the notice of requirement under—

6. subsection (1AA); or
7. sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF, which apply with all necessary modifications and as if—
   1. a reference to an application or notice were a reference to the notice of requirement; and
   2. a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
   3. a reference to an activity were a reference to the designation.

8. Despite section 149ZCB(1), a territorial authority must publicly notify the notice if—

9. it has not already decided whether to give public or limited notification of the notice; and
10. either—
    1. further information is requested from the territorial authority under section 92(1), but the territorial authority—
       1. does not provide the information before the deadline concerned; or
       2. refuses to provide the information; or
    2. the territorial authority is notified under section 92(2)(b) in relation to the commissioning of a report, but the territorial authority—
       1. does not respond before the deadline concerned; or
       2. refuses to agree to the commissioning of the report.

11. Subsection (1AA) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.

12. However, a territorial authority must not publicly notify a notice of requirement under this section if—

13. the requirement is for 1 or more activities; and
14. each activity is the subject of an infrastructure design solution that precludes public notification.

15. Section 168 applies to the notice of requirement with all necessary modifications.

16. Sections 96, 97, and 99 to 103 apply to the notice of requirement with all necessary modifications and as if—

17. a reference to a resource consent were a reference to the requirement; and
18. a reference to an applicant or a consent authority were a reference to the territorial authority; and
19. a reference to an application for a resource consent were a reference to the notice of requirement; and
20. a reference to an activity were a reference to the designation.

21. However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

22. if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
23. if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
24. if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.

25. When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition.

26. When considering a requirement and any submissions received, a territorial authority must, subject to Part 2, consider the effects on the environment of allowing the requirement, having particular regard to—

27. 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. an infrastructure design solution:
    5. a plan or proposed plan; and
28. if the requiring authority does not have an interest in the land sufficient for undertaking the work,—
    1. whether adequate consideration has been given to any alternative sites, routes, or methods of undertaking the work; and
    2. whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
30. any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.

31. The effects to be considered under subsection (3) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the requirement, as long as those effects result from measures proposed or agreed to by the requiring authority.

32. The territorial authority may decide to—

33. confirm the requirement:
34. modify the requirement:
35. impose conditions:
36. withdraw the requirement.

37. Sections 173, 174, and 175 apply, with all necessary modifications, in respect of a decision made under subsection (4).