39AAHNotice of intention to take land

1. Section 23 must be read as if subsection (1) were replaced with the following subsections:

   When land (other than land owned by the Crown) is required to be taken for a critical infrastructure project, the Minister or the local authority, as the case may be, must—

   cause a survey to be made and a plan to be prepared, and lodged with the Chief Surveyor, showing the land required to be taken and the names of the owners of the land so far as they can be ascertained; and

   cause a notice to be published in the Gazette and twice publicly notified that includes the information prescribed in subsection (1AAC); and

   serve a notice in the form set out in Schedule 2B on the owner of, and persons with a registered interest in, the land of the intention to take the land; and

   separately, but at the same time as serving the notice under paragraph (c), provide to the owner of, and persons with a registered interest in, the land the reasons on which their or its opinion referred to in subsection (1AA)(b) is based.

2. However, the Minister or local authority must not give or serve notice under subsection (1)(b) or (c) unless—

3. 1 or more of the following apply:
   1. the project is allowed under the Resource Management Act 1991:
   2. a designation (as defined in section 166(1) of the Resource Management Act 1991) is in place for the project:
   3. a notice of requirement for the project has been given under section 168 or 168A or clause 4 of Schedule 1 of the Resource Management Act 1991:
   4. a substantive application has been lodged under the Fast-track Approvals Act 2024 for a designation or an alteration to an existing designation and the project will be carried out under that designation or altered designation:
   5. a notice of requirement was lodged under the Natural and Built Environment Act 2023 for a designation or an alteration to an existing designation and the project will be carried out under that designation or altered designation (see Part 1 of Schedule 1 of the Fast-track Approvals Act 2024, which continues a fast-track consenting process begun under the Natural and Built Environment Act 2023); and
4. in the Minister’s or local authority’s opinion, based on the information available to the Minister or local authority at the time the Minister or local authority decides to give or serve the notice under subsection (1)(b) or (c), the land is required to be taken for the project.

5. In forming an opinion for the purposes of subsection (1AA)(b),—

6. the Minister must have regard to the matters in section 26(1B)(a)(i) to (iii) (as modified by section 39AAJ(1)):
7. the local authority must have regard to the matters in section 26(1B)(a)(i) to (iii) (as modified by section 39AAJ(1)).

8. A notice for the purposes of subsection (1)(b) must include the following information:

9. a general description of the land required to be taken (including the street address or some other readily identifiable description of the place where the land is situated); and
10. a statement that the land is required for a critical infrastructure project (and that specifies the name of the project); and
11. a summary of the Minister’s or local authority’s reasons for the opinion the Minister or local authority is required to form under subsection (1AA)(b); and
12. the period within which a person (other than a person served with a notice under subsection (1)(c)) may—
    1. provide a written indication of their intention to make a submission; and
    2. make a written submission; and
13. information about how a person may seek an extension to the period in which those indications and submissions may be submitted; and
14. the address or addresses to which those indications and submissions must be sent, which must be,—
    1. in the case of indications and submissions provided or made to the Minister, the addresses of the Minister and the responsible department or Crown body; and
    2. in the case of indications and submissions provided or made to the local authority, its address.

15. Section 23 must be read as if subsection (3) were replaced with the following subsections:

    Every person having an estate or interest in the land intended to be taken may make a submission on the taking of the land—

    to the Minister if the land is required for a critical infrastructure project that is a Government work:

    to the local authority if the land is required for a critical infrastructure project that is a local work.

16. An indication of an intention to make a submission, and a submission, must be made in accordance with—

17. the notice given under subsection (1)(b); or
18. if the submitter is the owner of, or a person with a registered interest in, the land, the notice served under subsection (1)(c).

19. Section 23 must be read as if subsection (4)(c) were replaced with the following paragraph:

    the intention to take the land is the subject of a submission to the Minister or local authority, or an inquiry by the Ombudsman, or any application for a judicial review, in which case the notice of intention remains valid for 3 months after, as the case may be,—

    1. the date on which the Minister or local authority provided each submitter with a copy of their or its decision under section 26(1D) (as modified by section 39AAJ(1)); or
    2. the date on which the Minister or local authority receives written notice of the withdrawal of the submission; or
    3. the completion of any inquiry by the Ombudsman; or
    4. the date of the judicial decision.

20. Section 23 must be read as if the following subsections were inserted after subsection (9):

    For the purposes of subsection (1AAC)(d)(i), the period must be 10 working days from the date on which the notice of intention to take the land is publicly notified for the second time.

    For the purposes of subsection (1AAC)(d)(ii), the period must be 20 working days from the end of the period specified under subsection (10).