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Planning Bill

Hearings to be held in public and protection of sensitive information

Schedule 5: Designations

You could also call this:

"Rules for special projects like roads and buildings in New Zealand"

The Planning Bill has a schedule called Designations. This schedule is about how designations work. A designation is a set of rules in a land use plan that relate to a project. You can think of a designation like a special permission for a project. The project can be things like roads, buildings, or other big constructions. Designations are decided by designating authorities. These authorities can be government ministers, local councils, or special companies that build important infrastructure like roads or power lines. When a designating authority wants to create a designation, they must notify the local council. The council then decides if the designation should be approved or not. Sometimes, the council might ask for more information or hold a hearing to listen to what people think about the designation. If the designation is approved, it gets added to the land use plan. This plan is like a map that shows what can be built where. Designations can be changed or removed if needed. There are rules to make sure that designations do not harm the environment or the community. The Designations schedule is part of a bigger law that aims to manage how land is used in New Zealand. It's a way to balance the need for development with the need to protect the environment and communities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549275.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningHousing and property > Land useGovernment and voting > Local councils

Schedule 4: Independent hearings panels, or

"People making decisions on plans for land use and the environment"

Schedule 6: Information required in applications for consent, or

"What you need to tell us when you apply for planning consent"

5Designations Empowered by s 106

1Effect of designations and proposed designations

3Meaning of designation

In this Act, unless the context otherwise requires, designation means a set of provisions in a land use plan relating to a project—
decided by a designating authority under clause 20 of Schedule 2, clause 29 of Schedule 3, or clause 26 of this schedule; and
that do 1 or more of the following:
1. authorise the use of land for the project (see section 17(1)(d) and clause 4(1)(a) of this schedule):
2. protect land set aside for the project against anything that would prevent or hinder the project (see clause 4(1)(b)):
3. restrict the use of any land, subsoil, airspace, or space occupied by water for the safe and efficient operation of the project (see clause 4(3)).

4Effect of designation

If a designation is included in a land use plan—
the designating authority may use land for a project in way that contravenes a rule in a land use plan or a rule in a proposed land use plan that has legal effect if the use of land for the project is authorised by the designation; and
the designating authority may use land for a project in way that contravenes a national rule, if—
1. the use of land for the project is authorised by the designation; and
2. the national rule expressly allows a designation to be more enabling that the national rule or section 42 otherwise allows the designation to prevail over the national rule; and
no person may do anything in relation to the land subject to the designation that would prevent or hinder the project to which the designation relates, unless expressly allowed by an approval from the designating authority under clause 42.

The actions restricted by subclause (1)(c) include—
using the land; and
changing the character, intensity, or scale of any use of the land; and
subdividing the land.

A person must not breach a restriction in a designation on the use of any land, subsoil, airspace, or space occupied by water that is subject to the designation.
The other provisions of a land use plan or proposed land use plan apply to the land that is subject to a designation only to the extent that the land is used for a purpose that is not the designated purpose.
In this clause, other provisions, mean the provisions in the plan or proposed plan other than the designation.

5Effect of proposed designation

A person must not, during the period described in subclause (3), do anything in relation to land subject to a proposed designation that would prevent or hinder the project to which the proposed designation relates, unless expressly allowed by an approval from the designating authority under clause 42.
The actions restricted by subclause (1) include—
using the land; and
changing the character, intensity, or scale of any use of the land; and
subdividing the land.

The period—
starts on the following date (as applicable):
1. if the proposed designation is using the process in Part 3 of this schedule, the date that the designating authority notifies it under clause 13:
2. if the proposed designation is using the spatial planning process in Part 4 of this schedule, the date that the designating authority provides the notice of the proposed designation to the spatial plan committee in accordance with clause 34(2)(b):
3. if the proposed designation is a modified designation incorporated into a proposed plan under clause 7(5) of Schedule 3, the date of the designating authority’s response under clause 7(4) of that schedule:
4. if the proposed designation is incorporated into a proposed plan under clause 9 of Schedule 3, the date that the territorial authority decides to incorporate the proposed designation into its proposed plan under that clause:
ends on the earliest of the following:
1. the date that the proposed designation is included in the land use plan as a designation:
2. the date that the proposed designation is cancelled:
3. the date that the proposed designation is withdrawn.

If the proposed designation applies to land subject to a designation held by another designating authority, subclause (1) does not apply to anything done by the other designating authority on the overlapping land in accordance with that designation.
A person who contravenes subclause (1) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the proposed designation.

6Earlier and later designations

This clause applies if the same area of land is subject to 2 or more overlapping designations held by different designating authorities.
Despite clause 4(1)(c), a designating authority that holds an earlier designation—
may do anything authorised by that earlier designation on the area of land; and
is not required to seek the approval of a designating authority that holds any later designation.

A designating authority that holds a later designation must not do anything authorised by later designation on the area of land, unless specifically authorised by an approval granted under clause 43 from each designating authority that holds an earlier designation.
In this clause,—
earlier designation, in relation to any other designation on the same area of land, means a designation that first applied to that area before the other designation (even if that designation has been altered after the other designation applied to the area)
later designation, in relation to any other designation on the same area of land, means a designation that first applied to that area after the other designation.
For the purpose of subclause (4),—
a designation first applies to an area when the designation—
1. is incorporated into the land use plan under clause 30 or 35 or clause 31 of Schedule 3 in relation to that area of land; or
2. is altered to apply to that area, if it did not previously apply to that area of land; and
if 2 or more designations on an area of land are incorporated into a land use plan at the same time, the designations must be treated as having first applied to the area in the order in which the relevant designating authority did the following (as applicable to the designation):
1. gave notice of a proposed designation under clause 13(1):
2. provided notice of a proposed designation to the spatial plan committee in accordance with clause 34(2)(b):
3. published the information required under clause 9(2) of Schedule 3.

7Designation may not authorise the use of land in the coastal marine area

A designation may not authorise the use of land in the coastal marine area for a project.

2Designating authorities

8Designating authorities

Only the following persons (designating authorities) may propose or hold a designation:
a Minister of the Crown:
a local authority:
a core infrastructure operator approved as a designating authority under clause 10:
a person that operates infrastructure approved as a designating authority under clause 11.

A designating authority that is a Minister of the Crown may propose or hold a designation only for a project that is a public work that the Minister is financially responsible for.
A designating authority that is a local authority may propose or hold a designation only for a project that is—
a public work that the local authority is financially responsible for; or
the construction of eligible infrastructure—
1. that a responsible SPV or the local authority is financially responsible for; and
2. for which the local authority is a responsible infrastructure authority.

A designating authority that is a person approved under clause 10 or 11 may propose or hold a designation only for a project that is within the scope of their approval.
In this clause,—
construction of eligible infrastructure includes any work that is required to facilitate the future construction of eligible infrastructure
public work has the same meaning as in section 2 of the Public Works Act 1981.

9Meaning of core infrastructure operator and core infrastructure operation

In this schedule, unless the context requires otherwise,—
core infrastructure operation has a meaning that corresponds to the meaning of core infrastructure operator
core infrastructure operator means a person who—
1. undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
2. operates or proposes to operate a network for the purpose of—
  1. telecommunication as defined in section 5 of the Telecommunications Act 2001; or
  2. radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989; or
3. is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or
4. undertakes or proposes to undertake the distribution of water for supply (including for irrigation); or
5. undertakes or proposes to undertake a drainage or sewerage system; or
6. constructs or operates, or proposes to construct or operate, a road; or
7. constructs or operates, or proposes to construct or operate, a railway line; or
8. is—
  1. an airport authority as defined section 2(1) of the Airport Authorities Act 1966 for the purpose of operating an airport as defined in that section; or
  2. an airport operator as defined in section 5 of the Civil Aviation Act 2023 for the purpose of operating an aerodrome for which that operator is registered under that Act; or
9. operates—
  1. an inland port (not contiguous with the coastal marine area) associated with a coastal port operated under the Port Companies Act 1988; or
  2. the landward operations of a seaward port operated under the Port Companies Act 1988; or
  3. Northport (being the port at Marsden Point) or any inland port associated with Northport; or
10. is Health New Zealand in relation to any health facilities that it operates or proposes to operate to meet its obligations under the Pae Ora (Healthy Futures) Act 2022; or
11. operates or proposes to operate infrastructure for an emergency service (such as an ambulance or afire service); or
12. is a responsible SPV that constructs or proposes to construct eligible infrastructure; or
13. undertakes or proposes to undertake any operation that regulations prescribe as a core infrastructure operation.

10Minister may approve core infrastructure operator as designating authority

A core infrastructure operator may apply to the Minister for approval as a designating authority in relation to—
a particular project; or
a particular core infrastructure operation.

The Minister must not grant approval unless satisfied that—
approving the core infrastructure operator is appropriate for the purposes of carrying out the project or core infrastructure operation (as relevant); and
the core infrastructure operator is likely to—
1. satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
2. give appropriate regard to the interests of those affected and to the interests of the built environment.

However, if the core infrastructure operator is a responsible SPV seeking approval in relation to a project that is the construction of eligible infrastructure, the core infrastructure operator need not have financial responsibility for the construction for the Minister to be satisfied of the matter in subclause (2)(b)(i).
The Minister may inquire into the application and request any information as the Minister considers necessary.
The Minister may grant approval subject to any conditions (including provision of a bond) that the Minister considers necessary.
The Minister must notify an approval (including any conditions) in the Gazette.

11Minister may approve other infrastructure operators as designating authority

Any person that operates infrastructure may apply to the Minister for approval as a designating authority in relation to a particular project that is infrastructure.
The Minister must not grant approval unless satisfied that—
the project would provide a significant public benefit; and
approving the applicant is appropriate for the purposes of carrying out the project; and
the applicant is likely to—
1. satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
2. give appropriate regard to the interests of those affected and to the interests of the built environment.

In assessing whether a project would provide a significant public benefit for the purposes of subclause (2)(a), the Minister must have regard to—
the extent to which the project benefits the public generally versus a small section of the public; and
the economic benefits of the project; and
the size and scale of the project.

For the purposes of subclause (2)(a), a project is not precluded from having a significant public benefit just because the operator charges a fee for access or obtains a commercial benefit from it.
In assessing whether approval is appropriate for the purposes of carrying out the project for the purposes of subclause (2)(b), the Minister must have regard to—
the extent to which the project could be more appropriately progressed using another process provided by this Act (such as a plan change or a planning consent); and
the extent to which the size and scale of the project justifies a designation.

The Minister may inquire into the application and request any information as the Minister considers necessary.
The Minister may grant approval subject to any conditions (including provision of a bond) that the Minister considers necessary.
The Minister must notify an approval (including any conditions) in the Gazette.

12Revoking approval of designating authority

The Minister may revoke a designating authority’s approval if satisfied that—
the designating authority is unlikely to undertake or complete the project or core infrastructure operation for which they were approved as a designating authority; or
the designating authority is unlikely to satisfactorily carry out any of its responsibilities (including financial responsibilities) as a designating authority under this Act; or
if the designating authority was approved under clause 10, the designating authority is no longer a core infrastructure operator.

The Minister must notify a revocation in the Gazette.
On and from the date of a revocation, the Minister becomes the designating authority responsible for any designation or proposed designation held by the former designating authority.
The Minister may hold a designation transferred to them under this clause even if the Minister is not financially responsible for the project (as otherwise required by clause 8(2)).

3Securing designation

13Notice of proposed designation

A designating authority may, at any time, give notice to a territorial authority of a proposed designation for a project.
A notice of a proposed designation must—
describe the nature of the project; and
set out the boundaries of the designation footprint; and
set out any conditions that the designating authority proposes for the designation; and
include an assessment of the effects of confirming the designation on the built environment; and
include an assessment of the strategic need for the project in the location of the designation footprint; and
state whether, or the extent to which, the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a); and
include any prescribed information.

The assessment of the effects of confirming the designation on the built environment must include an assessment of the proposed designation against any relevant provisions of—
the goals, the national policy direction, and a national standard in accordance with section 12; and
the land use plan and any proposed land use plan.

However, an assessment of strategic need under subclause (2)(e) is not required if—
the relevant spatial plan identifies the project in a location consistent with the location of the designation footprint; or
the designating authority has an interest in the land sufficient for undertaking the project.

The information in the assessment need only be at a level of detail that is proportionate to the nature and significance of any adverse effects of the project on the built environment.
To avoid doubt, a territorial authority that wants to secure a proposed designation (in its capacity as a designating authority) may issue a notice under this clause.

14No duty under this Act to consult about proposed designation

The following apply to a designating authority that gives notice of a proposed designation under clause 13 and the relevant territorial authority:
neither has a duty under this Act to consult any person about the proposed designation:
each must comply with a duty under any other enactment to consult any person about the proposed designation:
each may consult any person about the proposed designation.

15Option to incorporate proposed designation into proposed plan

This clause applies if a territorial authority intends to notify a proposed land use plan for public submissions no later than 40 working days after receiving a notice of proposed designation under clause 13.
The territorial authority may, with the written consent of the designating authority, incorporate the proposed designation into the proposed plan to be considered through that process (see clause 8 of Schedule 3).
If the territorial authority incorporates the proposed designation into the proposed plan, this Part ceases to apply to the proposed designation.

Deciding whether to notify for submissions

16Decision to notify for submissions

A territorial authority must, no later than 10 working days after receiving a notice of a proposed designation under clause 13,—
decide (in accordance with clauses 17 to 19) whether to notify the proposed designation for public submissions; and
if it does not notify it for public submissions, decide (in accordance with clause 20) whether to notify it for targeted submissions.

17Deciding whether to notify for public submissions

A territorial authority must notify a proposed designation for public submissions if—
the designating authority requests notification for public submissions; or
a national rule, a rule in a plan, or a rule in a proposed plan with legal effect requires notification for public submissions; or
the territorial authority decides (under clause 19) that the project will or is likely to have adverse effects on the built environment that are more than minor; or
clause 18 applies (which relates to a failure to respond to a request for information or agree to commission a report).

The territorial authority must not notify a proposed designation for public submissions if a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect precludes notification for public submissions, unless the designating authority requests it or clause 18 applies.
Subclause (2) overrides subclause (1)(c).

18Notification decision: failing to respond to information request or commission report

A territorial authority must notify a proposed designation for public submissions if—
the territorial authority has not already decided whether to notify the proposed designation for submissions; and
either—
1. the territorial authority requests further information from the designating authority under section 119 (as applied by clause 20), but the designating authority—
  1. refuses to provide the information; or
  2. does not provide it by the relevant deadline; or
2. the territorial authority notifies the designating authority under section 120 (as applied by clause 21) that it wishes to commission a report, but the designating authority—
  1. refuses to agree to commission the report; or
  2. does not respond by the relevant deadline.

19Notification decision: determining if adverse effects on built environment are more than minor

When deciding whether a project will or is likely to have adverse effects on the built environment that are more than minor, the territorial authority—
must disregard any effects on persons who own or occupy—
1. the land to which the designation will apply; or
2. any land adjacent to that land; and
must disregard any effect on a person who has given written approval for the proposed designation; and
may disregard an adverse effect of the project if a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect permits an activity with that adverse effect.

20Deciding whether to notify for targeted submissions

If a territorial authority decides not to notify a proposed designation for public submissions, it must decide if there is any affected person in relation to the project.
The territorial authority must decide that a person is an affected person if—
the project will have adverse effects on the person that are more than minor; or
the person owns or occupies any land to which the proposed designation applies.

When making that decision, the territorial authority—
must have regard to every relevant statutory acknowledgement; and
may disregard an adverse effect of the project on a person if a national rule, a rule in a plan, or a rule in a proposed plan with legal effect permits an activity with that effect; and
must disregard any person if—
1. the person has given, and not withdrawn, written approval for the project; or
2. it is unreasonable in the circumstances to seek the person’s written approval.

The territorial authority must notify the proposed designation for targeted submission to any affected person, unless a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect precludes notification for targeted submissions.

21Requests for further information or reports, submissions, conferences, and mediation

Sections 119, 120, 121, 131, 132, 133, and 134 apply to a proposed designation being considered using the process under this Part, with all necessary modifications and as if—
a reference to an application for planning consent were a reference to the proposed designation; and
a reference to an applicant were a reference to the designating authority; and
a reference to a planning consent were a reference to a designation; and
a reference to a consent authority were a reference to a territorial authority; and
a reference to an activity were a reference to the project; and
a reference to an affected person under section 128 were a reference to an affected person under clause 20; and
a reference to a decision on an application for planning consent were a reference to a recommendation under clause 24.

However, sections 119, 120, and 121 do not apply, the territorial authority is the designating authority responsible for the proposed designation.
A territorial authority must not request further information about a proposed designation in accordance with section 119 (as applied by this clause) unless also satisfied that the information—
is necessary for the territorial authority to understand the proposed designation (including the effects on the built environment of confirming the proposed designation); and
is not information that would be more appropriately provided and considered through a construction project plan.

22Recommending authority

A territorial authority may appoint 1 or more hearings commissioners who are not members of the territorial authority to be the recommending authority on a proposed designation.
However, the territorial authority must appoint 1 or more hearings commissioners to be the recommending authority on a proposed designation if any of the following apply:
the territorial authority is the designating authority for the proposed designation:
the proposed designation is notified for public submissions:
if the proposed designation is notified for targeted submission, the designating authority or a submitter requests no later than 5 working days after the close of submissions that 1 or more hearings commissioners be appointed.

If the territorial authority does not appoint hearings commissioners, the territorial authority is the recommending authority.

23Obligation to hold a hearing

A hearing must not be held in relation to a proposed designation unless—
the designating authority has requested a hearing; or
subclause (2) applies.

This subclause applies if—
a submitter has requested to be heard and has not subsequently advised that they do not wish to be heard; and
the recommending authority considers a hearing will be the most effective and efficient means to test the information, and any issues, related to the proposed designation; and
the parties have attended a conference or mediation under section 134 (as applied by clause 21), if the recommending authority considers a conference or mediation to be appropriate.

A hearing must be a joint hearing or a combined hearing in the circumstances prescribed in regulations.
A hearing (including a joint hearing or a combined hearing) must be conducted in the manner prescribed in regulations.

24Recommendations on proposed designation

When considering a proposed designation and any submissions received, the recommending authority must have regard to—
the strategic need for the project in the location proposed; and
any relevant provisions of—
1. the goals, the national policy direction, and a national standard in accordance with section 12; and
2. the land use plan and any proposed land use plan; and
the following effects of confirming the designation:
1. any positive effect:
2. any significant adverse effect on the built environment; and
any other adverse effect of confirming the designation, but only if and to the extent that—
1. the recommending authority considers that effect cannot be appropriately managed through a construction project plan; or
2. the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a).

The requirement in subclause (1)(a) to have regard to the strategic need for the project in the location proposed—
does not require the recommending authority to—
1. carry out or consider an assessment of any alternative sites, routes, or methods of undertaking the project; or
2. consider whether the project could have been better provided in any alternative location; and
does not apply if—
1. the relevant spatial plan identifies the project in a location consistent with the location of the designation footprint; or
2. the designating authority has an interest in the land within the designation footprint sufficient to undertake the project.

The positive effects to be had regard to under subclause (1)(c)(i) may include any positive effect proposed or agreed by the designating authority to offset or compensate for any adverse effects on the built environment of confirming the designation.
The recommending authority—
may recommend to the designating authority that it—
1. confirm the proposed designation; or
2. confirm the proposed designation, but modify it or impose conditions; or
3. withdraw the proposed designation; and
must give reasons.

If the recommending authority is the territorial authority, it must—
make the recommendation under subclause (4) by publishing a notice on an internet site to which the public has free access; and
include the reasons required by subclause (4)(b) in that notice.

25Designation conditions

A recommending authority may recommend a condition on a designation under clause 24 only if it is satisfied that—
the condition is no more onerous than necessary to manage an adverse effect described in clause 24(1)(c)(ii) or (d); and
the condition does not relate to a matter of detail that would be more appropriately addressed through a construction project plan.

However, subclause (1)(b) does not apply if and to the extent that the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 36(2)(a).

26Decision of designating authority

A designating authority must, no later than 30 working days after receiving a recommendation under clause 24(4) or (5), advise the relevant territorial authority whether the designating authority—
accepts the recommendation in whole; or
accepts the recommendation in part and rejects it in part; or
rejects the recommendation in whole.

The designating authority may modify the proposed designation if, and only if, that modification—
is recommended by the recommending authority; or
is not inconsistent with the proposed designation as notified under clause 16.

The designating authority must advise the territorial authority of its reasons if it—
rejects the recommendation in whole or in part; or
modifies the proposed designation.

However, if the designating authority is the territorial authority, it must—
publish a notice of its decision within the deadline specified in subclause (1) in the prescribed manner; and
include any reasons required by subclause (3) in that notice.

27Notice of decision on designation

A territorial authority must ensure that a notice of a decision under clause 26 and a statement of the time within which an appeal against the decision may be lodged is served on—
each person who made a submission; and
each land owner and occupier directly affected by the decision.

The territorial authority must serve the notice as described in subclause (1) no later than—
15 working days after receiving notice of the decision under clause 26 (if the territorial authority is not the designating authority); or
10 working days after making the decision under clause 26 (if the territorial authority is the designating authority).

If the territorial authority does not include a full copy of the decision in the notice, it must—
make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district; and
include with the notice a statement of the places where a copy of the decision is available; and
send or provide, on request, a copy of the decision within 3 working days after the request is received.

28Appeals against decision of designating authority

Any 1 or more of the following persons may appeal to the Environment Court against the whole or any part of a decision of a designating authority under clause 26:
the relevant territorial authority (unless the designating authority is that territorial authority):
a submitter.

A notice of appeal under this clause must—
state the reasons for the appeal and the relief sought; and
include any prescribed information; and
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice given in accordance with clause 27.

The appellant must ensure that a copy of the notice of appeal is served on the territorial authority and every submitter no later than 5 working days after the notice is lodged with the court.

29Determining appeals

In determining an appeal, the Environment Court must have regard to the matters set out in clause 24(1) and comply with clauses 24(2) to (4) and 25 as if it were the recommending authority.
The court may—
confirm the proposed designation; or
confirm the proposed designation, but modify it or impose conditions; or
cancel the proposed designation.

30Designation to be incorporated into land use plan

Subclause (2) applies to a territorial authority if—
a designating authority makes a decision under clause 26; and
one of the following applies:
1. no appeal is lodged under clause 28 against the decision within the time period permitted by that clause:
2. all appeals lodged under clause 28, including any further appeals, are determined; and
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).

The territorial authority must, as soon as is practicable and without using the process in Schedule 3,—
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
state in its land use plan and any proposed land use plan the name of the designating authority responsible for the designation.

31Withdrawing proposed designation

A designating authority that has notified a proposed designation under clause 13 may withdraw the proposed designation at any time before—
the proposed designation is incorporated into the land use plan under clause 30; or
the relevant proposed plan becomes operative (if the proposed designation was incorporated into a proposed plan under clause 15).

The designating authority must give notice of any withdrawal to the territorial authority (unless the designating authority is the territorial authority).
The territorial authority must—
give public notice of any withdrawal; and
if the proposed designation had been notified for submissions, serve the notice on any person who made a submission; and
if the proposed designation was incorporated into a proposed plan under clause 15, amend the proposed plan without using the process in Schedule 3 to remove the proposed designation.

4Securing designation through spatial planning process

32Designating authority may apply to notify proposed designation through spatial planning process

After receiving an invitation from a spatial plan committee under clause 7 of Schedule 2, a designating authority may apply to the committee to include a proposed designation in the draft spatial plan that the committee is preparing and have it considered through that process.
The designating authority’s application must—
describe the project to which the designation relates; and
set out why the designating authority considers the project meets the criteria in clause 33(2) of this schedule; and
be made no later than the deadline specified in the invitation.

33Spatial plan committee must decide whether to accept application

A spatial plan committee must decide whether to accept an application received under clause 32.
The committee may accept the application only if satisfied that—
at least 1 of the following applies:
1. the project is nationally significant or regionally significant:
2. the project will have regionally significant benefits:
3. the project will cross territorial authority boundaries; and
it is appropriate in the circumstances for the proposed designation to be included in the draft spatial plan and be considered through that process.

If the committee declines the application,—
it must consider whether to, instead, identify the indicative location of the project to which the application relates in the draft spatial plan (see clause 7(1)(a) of Schedule 2); and
it must advise the designating authority in writing of the outcome, with its reasons.

A designating authority whose application is declined has a right of objection to the Planning Tribunal.

34Designating authority must prepare notice of proposed designation

If the spatial plan committee accepts the application, it must advise the designating authority in writing that it accepts the application.
The designating authority may, no later than a deadline specified by the spatial plan committee in writing,—
prepare a notice of the proposed designation in accordance with clause 13(2) to (5); and
provide it to the spatial plan committee.

The spatial plan committee must include any notice of a proposed designation provided in accordance with subclause (2) in the draft regional spatial plan that it notifies under clause 14 of Schedule 2.

35Designation to be incorporated into land use plan and regional spatial plan

Subclause (2) applies to a territorial authority if—
a designating authority makes a decision under clause 20 of Schedule 2; and
one of the following applies:
1. no appeal is lodged under clause 26 of Schedule 2 against the decision within the time period permitted by that clause:
2. all appeals lodged under that clause, including any further appeals, are determined; and
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).

The spatial plan committee must, as soon as practicable and without using any further process, incorporate the designation (as confirmed or modified) into the regional spatial plan.
The territorial authority of the relevant district must, as soon as practicable and without using the process in Schedule 3,—
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
state in its land use plan and in any proposed land use plan the name of the designating authority responsible for the designation.

5Construction project plan

36When construction project plan is required

A construction project plan is required for a designation that authorises the construction of a project.
However, a construction project plan is not required—
if the details referred to in clause 37(2) are incorporated into the designation and the designation expressly states that a construction project plan is not required for the project; or
if the territorial authority waives the requirement for a construction project plan for the project or any specific construction activity or enabling activity (such as site clearance); or
in relation to any construction activity or enabling activity that is otherwise authorised under this Act (whether or not the activity requires a natural resource permit under the Natural Environment Act 2025).

If a construction project plan is required in relation to any construction activity or enabling activity, that activity must not commence until the plan is confirmed under clause 39.
To avoid doubt, a territorial authority may waive a requirement for a construction project plan in relation to a designation for which it is the designating authority.
In this clause, an activity is otherwise authorised under this Act if that activity is—
identified in the designation as an activity that may occur without a construction project plan; or
authorised by a land use consent; or
a permitted activity under this Act; or
otherwise permitted because it does not breach a national rule, a rule in a land use plan, and any rule in a proposed land use plan that has legal effect.

37Requirements of construction project plan

The purpose of a construction project plan for a project authorised by a designation is to—
confirm the final design of the project; and
set out how any adverse effects of the project or its construction on the built environment will be avoided, minimised, or remedied.

A construction project plan—
must set out the final design of the project, including where relevant—
1. the location and dimensions of the project within the designation (including the likely finished contour of the site); and
2. the layout of the site, including any vehicular access, circulation, and any provision for parking; and
3. the landscaping proposed; and
must identify any adverse effects of the construction on the built environment; and
must set out how the designating authority will avoid, minimise, or remedy those effects; and
must set out any other matter that designation specifies must be addressed in the construction project plan; and
may include any other comparable matter that is relevant to understanding the effects of the project on the built environment.

A construction project plan may include conditions.

38Designating authority must submit construction project plan to territorial authority

A designating authority must submit any construction project plan that is required for a project to the territorial authority.
No later than 20 working days after receiving the construction project plan, the territorial authority may request that the designating authority make changes to it.
The designating authority must notify the territorial authority of its decision on the request.
If the designating authority decides not to make a change requested, the territorial authority may appeal that decision to the Environment Court.
A notice of appeal must—
state the reasons for the appeal and the relief sought; and
include any prescribed information; and
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice under subclause (3).

In determining any appeal, the Environment Court must consider whether the changes requested by the territorial authority are necessary in order to manage the adverse effects of the project or its construction on the built environment, having regard to the scale and significance of those effects.
This clause does not apply if the territorial authority is the designating authority.

39When construction project plan is confirmed

If the territorial authority does not request any changes to a construction project plan, the plan is confirmed on the earlier of—
the date the territorial authority advises the designating authority that it requests no changes; or
the close of the period in clause 38(2).

If the designating authority accepts all changes requested by the territorial authority, the plan is confirmed when the designating authority notifies the territorial authority of its decision to accept the changes under clause 38(3).
If the designating authority decides not to make a change requested by the territorial authority, the plan is confirmed on—
the close of the appeal period in clause 38(5)(c), if no appeal is lodged; or
the date that the appeal, and any further appeal, is determined.

If the territorial authority is the designating authority, the plan is confirmed when the territorial authority publishes it in accordance with clause 40.

40Designating authority must publish construction project plan

A designating authority must publish a construction project plan on an internet site to which the public has free access.
A designating authority must publish a plan—
as soon as reasonably practicable after it is confirmed; or
if the designating authority is the territorial authority, as soon as is reasonably practicable after deciding it.

41Designating authority must comply with construction project plan

A designating authority must comply with a construction project plan (including any conditions in that plan) as if it were a condition of the relevant designation.

6Other matters

Approval from designating authority

42Approval to use land subject to designation or proposed designation

A person may apply in writing to a designating authority that holds a designation for approval to do something in relation to land subject to the designation that would otherwise contravene clause 4(1)(c).
A person may apply in writing to a designating authority responsible for a proposed designation for approval to do something that would otherwise contravene clause 5(1).
A designating authority must, no later than 40 working days after receiving an application under this clause, notify the applicant in writing of its decision to—
grant approval (with or without conditions); or
refuse approval.

If a designating authority does not notify the applicant of a decision within the deadline specified in subclause (3), the application must be treated as if were approved without conditions.

43Approval to exercise later designation

A designating authority that holds a later designation may apply in writing to a designating authority that holds an earlier designation approval to do something in relation to land that would otherwise contravene clause 6(3).
A designating authority that holds an earlier designation must, no later than 40 working days after receiving an application under this clause, notify the other designating authority in writing of its decision to—
grant approval (with or without conditions); or
refuse approval.

However, a designating authority that holds an earlier designation—
may decline approval only if satisfied that the thing proposed by the other designating authority would prevent or hinder the project to which the earlier designation relates; and
may impose a condition on an approval only if satisfied that the condition is necessary to avoid preventing or hindering the project to which the earlier designation relates.

If a designating authority that holds an earlier designation does not notify the other designating authority of a decision within the deadline specified in subclause (2), the application must be treated as if it were approved without conditions.

44Right of objection if designating authority refuses approval

A person who is refused approval by a designating authority under clause 42 or 43, or is granted approval subject to a condition, may object to the Planning Tribunal against the refusal or condition.
A notice of an objection must—
state the reasons for the appeal and the relief sought; and
include any prescribed information; and
be lodged with the Planning Tribunal and be served on the designating authority no later than 15 working days after the date the objector received notice under clause 42(3) or 43(2).

In considering an objection under clause 42, the tribunal must have regard to—
whether the decision objected against would render the land that is subject to the designation or proposed designation incapable of reasonable use; and
whether the decision objected against has caused or is likely to cause serious hardship to the objector; and
the extent to which the decision may be modified without wholly or partly nullifying the effect of the designation or proposed designation.

In considering an objection under clause 43, the tribunal must have regard to—
whether the decision objected against would frustrate the implementation of the later designation; and
whether the decision objected against has caused or is likely to cause serious hardship to the designating authority responsible for the later designation; and
the extent to which the decision may be modified without wholly or partly nullifying the effect of the earlier designation.

The tribunal may confirm, modify, or reverse the decision objected against.

Altering designations

45Alterations to designations using process in Part 3

A designating authority that holds a designation may, at any time, notify a territorial authority of a proposed alteration to the designation (a proposed alteration) that it seeks to be considered using the process in Part 3 of this schedule.
Part 3 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if—
a reference to a proposed designation were a reference to the proposed alteration; and
a reference to the project were a reference to the change to the project authorised by the designation; and
a reference to the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation.

46Alterations to designations using spatial plan process in Part 4

A designating authority that holds a designation may, after receiving an invitation from a spatial plan committee under clause 7 of Schedule 2, apply to the committee to notify an alteration to that designation (a proposed alteration) in the draft spatial plan that the committee is preparing.
Part 4 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if—
a reference to a proposed designation were a reference to the proposed alteration; and
a reference to the project were a reference to the change to the project authorised by the designation; and
a reference to the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation; and
subclause (3) applied instead of clause 33(2).

The spatial plan committee may accept an application to notify a proposed alteration only if satisfied that—
at least 1 of the following applies:
1. the change to the project is nationally significant or regionally significant:
2. the change to the project will have regionally significant benefits:
3. the change to the project occurs across territorial authority boundaries:
4. the proposed alteration is to support, or is otherwise closely connected with, a proposed designation that a designating authority is requesting be notified through the draft spatial plan; and
it is appropriate in the circumstances for the proposed alteration to be notified through the draft spatial plan.

47Minor alterations to designations

A territorial authority may, at any time, alter a designation in its land use plan or a proposed designation in a proposed land use plan without using a process in Part 3 or 4 of this schedule, or Schedule 3, if subclause (2) or (3) applies.
The territorial authority may alter a designation or proposed designation if—
either or both of the following apply:
1. the alteration involves no more than a minor change to the effects on the built environment:
2. the alteration involves only minor changes to the boundaries of the designation or proposed designation; and
the territorial authority and the designating authority agree to the alteration; and
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration, and those owners or occupiers agree with it.

The territorial authority may alter a designation or proposed designation if—
the effect of the alteration is to make any condition of the designation consistent with, or more consistent with, any rule in a land use plan or national rule that is more lenient than the current condition; and
the territorial authority and the designating authority agree to the alteration; and
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration.

Removing designations

48Removing designations

If a designating authority no longer wants all or part of a designation, it may give notice that it seeks the removal of all or part of that designation to—
the territorial authority; and
every person who is known by the designating authority to be the owner or occupier of any land to which the designation applies; and
any other person who, in the opinion of the designating authority, is likely to be affected by the designation.

As soon as is reasonably practicable after receiving the notice, the territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed land use plan to remove the designation or part of the designation.
However, if the territorial authority considers that the effect of removing part of the designation on the remaining parts of the designation is more than minor, it may, no later than 20 working days after receiving the notice, decline to remove that part of the designation.
Subclause (3) applies despite subclause (2).
A designating authority may object to the Planning Tribunal against any decision to decline to remove part of a designation under subclause (3).

Lapse of designation

49Lapse of designation

The lapse period of a designation is—
either—
1. 10 years after the date the designation is included in the land use plan; or
2. any other period specified in the designation when it was incorporated into the plan; and
includes any extension to the lapse period under subclause (2)(b).

A designation lapses on the expiry of its lapse period unless—
it is given effect to before the end of that period; or
the territorial authority decides, on an application made by the designating authority within 3 months before the expiry of the lapse period, to fix a longer lapse period.

A territorial authority may extend a lapse period under subclause (2)(b) only if satisfied that substantial progress or effort has been made, and is continuing to be made, towards giving effect to the designation.
A lapse period can be extended under subclause (2)(b) multiple times.
A designating authority may object to the Planning Tribunal if a territorial authority refuses to extend a lapse period under subclause (2)(b).
If a designation lapses,—
the designation ceases to have any legal effect; and
the territorial authority must, as soon as is reasonably practicable,—
1. amend its land use plan and any proposed plan to remove the lapsed designation without using the process in Schedule 3; and
2. give notice on an internet site to which the public has free access that the designation has lapsed.

A territorial authority must not alter the lapse period of a designation other than in accordance with subclause (2)(b).

Transferring designations

50Transferring designation to another designating authority

If financial responsibility for a project authorised by a designation is transferred from one designating authority to another,—
responsibility for any relevant designation is also transferred; and
the designating authority that is transferring responsibility must advise the Minister and the relevant territorial authority of the transfer.

The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed plan to note the transfer.

51Temporary transfer of designation to another designating authority

A designating authority that holds a designation (the original designating authority) may temporarily transfer responsibility for all or part of its designation to another designating authority (the new designating authority) to enable the new designating authority to relocate any infrastructure to which the designation relates.
The new designating authority must give the territorial authority and the Minister written notice of the temporary transfer that—
includes the original designating authority’s consent to the transfer; and
describes the infrastructure to be relocated.

If a construction project plan is required for the relocation under clause 36, the new designating authority may prepare the construction project plan as if it were the original designating authority.
The original designating authority must give the territorial authority and the Minister written notice of when the temporary transfer is complete, at which point responsibility for the designation transfers back to the original designating authority.
The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed plan to—
note the transfer, as soon as practicable after it occurs; and
note the transfer back to the original designating authority, as soon as is practicable after it occurs.

52Delegating functions, duties, and powers relating to designation to responsible SPV

This clause applies to a designating authority that is a local authority and holds a designation authorising construction work that—
is required to facilitate the future construction of eligible infrastructure for which the local authority is a responsible infrastructure authority; and
the local authority is financially responsible for.

If a responsible SPV (who is not a designating authority) proposes to take over the construction work, the designating authority may delegate to that responsible SPV any functions, duties, and powers in relation to the designation that relate to the construction work.
The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions included in the designation or any construction project plan.
A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority.

Acquiring land

53Environment Court may order taking of land

An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or proposed designation may apply to the Environment Court in the prescribed manner for an order requiring the designating authority responsible for the designation or proposed designation to acquire or lease all or part of the owner's estate or interest in the land under the Public Works Act 1981.
The application must—
be in the prescribed form; and
be served on the designating authority and the relevant territorial authority in the prescribed manner.

The Environment Court may make an order applied for under subclause (1) if it is satisfied that—
the owner has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the designation or proposed designation at a price not less than the market value that the land would have had if it had not been subject to the designation or proposed designation; and
either—
1. the designation or proposed designation prevents reasonable use of the owner’s estate or interest in the land; or
2. the applicant was the owner, or the spouse, civil union partner, or de facto partner of the owner, of the estate or interest in the land when the designation or proposed designation was created.

Before making an order under subclause (1) the court may direct the owner to take further action to try to sell the estate or interest in the land.
If the Environment Court makes an order to take an estate or interest in land under the Public Works Act 1981, the owner of that estate or interest is deemed to have entered into an agreement with the designating authority responsible for the designation or proposed designation for the purposes of section 17 of the Public Works Act 1981.
Where subclause (5) applies in respect of a designating authority that is a core infrastructure operator approved under clause 10,—
any agreement shall be deemed to have been entered into with the Minister for Land Information on behalf of the core infrastructure operator as if the land were required for a Government work; and
all costs and expenses incurred by the Minister for Land Information in respect of the acquisition of the land are recoverable from the core infrastructure operator as a debt due to the Crown.

The amount of compensation payable for an estate or interest in land ordered to be taken under this clause—
must be assessed as if the designation or proposed designation had not been created; and
despite subclause (5), does not include compensation under section 72DA of the Public Works Act 1981.

Subclauses (9) and (10) apply if the designation or proposed designation to which the order relates is for a critical infrastructure project—
within the meaning of section 39AAB of the Public Works Act 1981; and
in relation to which the designating authority may use Part 2A of that Act to acquire the owner’s land.

The owner must be paid compensation in recognition of the land being acquired for a critical infrastructure project and, for that purpose, must be treated as if they were an owner of land entitled to the compensation specified in section 39AAK(2)(b) of that Act unless the exclusion in section 39AAL(1) of that Act applies.
To avoid doubt, the owner is not entitled to compensation under section 39AAK(2)(c) of that Act.

54Compulsory acquisition on behalf of core infrastructure operator

A responsible core infrastructure operator may apply to the Minister for Land Information in the prescribed manner to have land required—
for a project that is a critical infrastructure project within the meaning of section 39AAB of the Public Works Act 1981 acquired or taken under Part 2A of that Act, and, if the Minister for Land Information agrees, that land may be acquired or taken:
for any other project acquired or taken under Part 2 of the Public Works Act 1981 as if the project were a Government work within the meaning of section 2 of that Act, and, if the Minister for Land Information agrees, that land may be acquired or taken.

The effect of any Proclamation taking land for the purposes of subclause (1) shall be to vest the land in the responsible core infrastructure operator instead of the Crown.
Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) as may be agreed, be set apart for a project of a responsible core infrastructure operator in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications), but the setting apart shall not be subject to sections 40 and 41 of that Act. Any land so set apart shall vest in the responsible core infrastructure operator.
Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this clause shall be made against the Minister for Land Information.
All costs and expenses incurred by the Minister for Land Information in respect of the acquisition or taking of land in accordance with this clause (including any compensation payable by the Minister) shall be recoverable from the responsible core infrastructure operator as a debt due to the Crown.
Sections 40 and 41 of the Public Works Act 1981 apply to land acquired or taken in accordance with this clause as if the responsible core infrastructure operator concerned were the Crown.
This clause does not apply if—
the responsible network utility operator is Transpower (as defined in section 2 of the Public Works Act 1981):
the responsible network utility operator is a responsible SPV and the land is protected Māori land as defined in section 11 of the Infrastructure Funding and Financing Act 2020.

For the purposes of this clause, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.
In this clause, responsible core infrastructure operator, in relation to a project, means a core infrastructure operator that is a designating authority for—
the project:
a core infrastructure operation to which the project relates.

1Interpretation

In this schedule, unless the context otherwise requires,—
construction project plan means the plan required for a designation under Part 5 of this schedule
core infrastructure operation and core infrastructure operator have the meanings given in clause 9
designating authority has the meaning given in clause 8(1)
designation has the meaning given in clause 3
designation footprint, in relation to a designation or proposed designation, means the area subject to the designation or proposed designation
earlier designation has the meaning given in clause 6
eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020
infrastructure, in relation to a designation or an application to be approved as a designating authority, means—
1. pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
2. a network for the purpose of—
  1. telecommunication as defined in section 5 of the Telecommunications Act 2001; or
  2. radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989; or
3. facilities used to generate electricity for supply, excluding any facility that a person uses primarily to generate electricity for their own use; or
4. lines (and any associated facilities, including support structures for those lines) used or intended to be used to convey electricity, excluding any lines or associated facilities that a person uses primarily in connection with a facility to generate electricity for their own use; or
5. a water supply distribution system, including a system for irrigation; or
6. a drainage system, including a stormwater network; or
7. a sewerage system; or
8. structures for transport on land by cycleways, rail, roads, walkways, or any other means; or
9. facilities for the loading or unloading of cargo or passengers transported on land by any means; or
10. an aerodrome as defined in section 5 of the Civil Aviation Act 2023; or
11. a navigation installation as defined in section 5 of the Civil Aviation Act 2023; or
12. facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988; or
13. a relevant school or an institution as those terms are defined in section 10 of the Education and Training Act 2020; or
14. a health facility operated by Health New Zealand to meet its obligations under the Pae Ora (Healthy Futures) Act 2022; or
15. facilities for an emergency service (such as an ambulance or a fire service); or
16. defence facilities operated by the New Zealand Defence Force to meet its obligations under the Defence Act 1990; or
17. a corrections prison as defined in section 3(1) of the Corrections Act 2004; or
18. resource recovery facilities or waste disposal facilities, including privately operated facilities that are open to the public; or
19. anything prescribed as a core infrastructure operation by regulations
later designation has the meaning given in clause 6
project includes a work
proposed designation means—
1. a proposal for a designation that has been notified by a designating authority under clause 13 or 34(2)(b); but
2. excludes a proposed designation that has been—
  1. incorporated into the relevant land use plan or proposed land use plan; or
  2. cancelled; or
  3. withdrawn
recommending authority, in relation to a proposed designation, means the recommending authority under clause 22
responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020
responsible SPV and SPV have the same meanings as in section 7 of the Infrastructure Funding and Financing Act 2020
submitter, in relation to a proposed designation, means a person who made a submission on that proposed designation.

2Recognition of identified Māori land as taonga tuku iho

A person exercising a power or performing a function or duty under this Act relating to a designation or proposed designation that may affect identified Māori land must—
exercise that power, or perform that function or duty, in a manner that recognises that the identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and
in doing so, consider the rights and interests of owners of the identified Māori land to retain, control, use, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.