Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

168A: Notice of requirement by territorial authority

You could also call this:

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

This law explains how a territorial authority can issue a notice of requirement for a designation. You need to know about this if you’re interested in how local councils manage public works or infrastructure in your area.

The territorial authority can issue this notice for public works they’re financially responsible for, for eligible infrastructure they’re in charge of, or for restrictions needed to keep public works safe and working well.

When the authority issues a notice, they must decide how to notify people about it. They might need to tell everyone publicly in some cases, like if they don’t provide information when asked or refuse to agree to a report.

The authority needs to think about how the designation will affect the environment. They must look at things like national and local policies, whether they’ve thought about other ways to do the work, and if the work is really necessary.

After considering everything, the authority can decide to confirm the requirement, change it, add conditions, or cancel it.

This law is quite detailed and has specific rules about timeframes and what the authority needs to consider. If you’re directly affected by a designation, you might want to ask for more explanation from your local council.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236227.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
Previous

168: Notice of requirement to territorial authority, or

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

Next

169: Further information, notification, submissions, and hearing for notice of requirement to territorial authority, or

“ How the council decides to share and discuss plans for new projects in your area ”

Part 8 Designations and heritage orders
Designations

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
    1. for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; 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. The territorial authority must decide whether to notify the notice of requirement under—

        2. subsection (1AA); or
          1. 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
              1. a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
                1. a reference to an activity were a reference to the designation.

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

                3. it has not already decided whether to give public or limited notification of the notice; and
                  1. 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
                        1. 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
                            1. refuses to agree to the commissioning of the report.

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

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

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

                          5. a reference to a resource consent were a reference to the requirement; and
                            1. a reference to an applicant or a consent authority were a reference to the territorial authority; and
                              1. a reference to an application for a resource consent were a reference to the notice of requirement; and
                                1. a reference to an activity were a reference to the designation.

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

                                  2. 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:
                                    1. 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:
                                      1. 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.

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

                                        2. 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—

                                        3. any relevant provisions of—
                                          1. a national policy statement:
                                            1. a New Zealand coastal policy statement:
                                              1. a regional policy statement or proposed regional policy statement:
                                                1. a plan or proposed plan; and
                                                2. whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
                                                  1. the requiring authority does not have an interest in the land sufficient for undertaking the work; or
                                                    1. it is likely that the work will have a significant adverse effect on the environment; 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
                                                      1. any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.

                                                        1. 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.

                                                        2. The territorial authority may decide to—

                                                        3. confirm the requirement:
                                                          1. modify the requirement:
                                                            1. impose conditions:
                                                              1. withdraw the requirement.

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

                                                                Notes
                                                                • Section 168A: inserted, on , by section 86 of the Resource Management Amendment Act 1993 (1993 No 65).
                                                                • Section 168A(1): replaced, on , by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                • Section 168A(1)(ab): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                                • Section 168A(1A): replaced, on , by section 157(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                • Section 168A(1AA): inserted, on , by section 157(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                • Section 168A(1AB): inserted, on , by section 157(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                • Section 168A(1B): inserted, on , by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                • Section 168A(2): replaced, on , by section 157(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                • Section 168A(2AA): inserted, on , by section 110 of the Resource Management Amendment Act 2013 (2013 No 63).
                                                                • Section 168A(2A): inserted, on , by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                • Section 168A(3): replaced, on , by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                                • Section 168A(3A): inserted, on , by section 157(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                • Section 168A(4): replaced, on , by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                                • Section 168A(5): inserted, on , by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).