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Resource Management Act 1991

Designations and heritage orders - Designations

168A: Notice of requirement by territorial authority

You could also call this:

“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.”

If you are a territorial authority, you can issue a notice of requirement for a designation. This is for a public work or something that needs to be done in your district. You must decide whether to notify people about the notice of requirement. You can do this under subsection (1AA) or sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF. When considering a requirement, you must think about the effects on the environment.

You should look at things like national policy statements and regional policy statements. You must also think about whether the work is really needed and if there are other ways to do it. You can decide to confirm, modify, or withdraw the requirement. Sections 173, 174, and 175 apply to your decision, with some changes. You cannot think about trade competition when making your decision. You must consider the effects on the environment and think about alternative sites or methods.

When making a decision, you must follow certain rules. These rules are in sections 96, 97, and 99 to 103, with some changes. You must have a hearing within a certain time frame. This time frame depends on whether the notice of requirement was notified or not. You can decide to confirm, modify, or withdraw the requirement after the hearing.

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Environment and resources > Town planning Government and voting > Local councils
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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).