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Designations and requiring authorities

Requiring Authorities under the RMA

The Resource Management Act (RMA) gives requiring authorities the ability to have areas of land designated for use as network utilities or large public works (see sections 166-186 of the RMA).

What is a requiring authority?

A requiring authority is specified as any of the following:

  • a Minister of the Crown
  • a local or regional authority
  • a network utility operator, approved by the Minister for the Environment, is someone who:
    • distributes gas, petrol or geothermal energy by pipeline
    • is an electricity operator or electricity distributor
    • distributes water supply (including irrigation)
    • operates a telecommunications or radio communications network
    • operates a sewage system, road or railway line
    • is an airport authority
    • provides approach control services for airports
    • undertakes a project or work which is prescribed by a regulation as a network utility operation.

What is a designation?

A designation is a provision in a district plan which provides notice to the community that a requiring authority intends to use land in the future for a particular work or project. See The Designation Process.

Once a site is designated for a particular purpose, the requiring authority is able to:

  • proceed with the specific work on the site as if it was permitted by the district plan
  • control activities that occur on the site, to prevent the landowner doing anything that would compromise the future work (this is the case even if the requiring authority does not own the site)
  • apply to the Minister of Lands to compulsorily purchase or lease all or part of the land under the Public Works Act 1981
  • enter private land to undertake investigations.

As a designation can restrict the use of the land, in the event that the requiring authority does not own the site, the landowner also has certain rights. Where land is subject to a designation the landowner may apply for an order obliging the requiring authority to purchase or lease all or part of the land. In general terms, this is done where the owner is unable to sell the land at a market value, or the owner cannot reasonably use the land.

While a designation gives a requiring authority 'permission' under the district plan, the requiring authority must still address all the relevant matters under the regional plans – including discharges to air and water and land, and earthworks in some instances. This can include obtaining regional resource consents.

How are requiring authorities approved?

Ministers of the Crown (where they have financial responsibility for the works) and local authorities (territorial and regional authorities) are automatically requiring authorities under section 166 of the Resource Management Act (RMA).

Applying for requiring authority status

Network utility operators must apply to the Minister for the Environment for approval to become a requiring authority for the purposes of a particular work or project.

Applications for requiring authority status should be made in the prescribed form [Form 17 (RTF document 36 KB) of the Resource Management (Forms, Fees, and Procedure) Regulations 2003, SR 2003/153]. A fee of $500 must accompany all applications. Below are some suggestions of information that prospective applicants should include in their application for requiring authority status. The numbers in brackets refer to clauses in Form 17.

  • Information to show the applicant is a network utility operator. Section 166 of the RMA provides a guide as to what constitutes a network utility operator. (2)
  • Detailed information on the nature of the activity (project or network utility operation). This could include information on the proposed location showing territorial boundaries, and any other relevant planning information (such as whether you have any already obtained any resource consents or are in the process of applying for any). (3)
  • An explanation of why requiring authority status is needed. You may include information on why you cannot continue operating using the resource consent process. (4)
  • An undertaking that you will fulfil the responsibilities of a requiring authority. The undertaking needs to be supported with information about your policies and approaches regarding both environmental management and consultation. This could be in the form of details on environmental management systems for example, or internal protocols on public consultation or environmental management. Where possible, providing examples of how you have given regard to the interests of those affected (including iwi) and to the interests of the environment in the past, may help.
  • Information to show you are able to undertake the financial responsibilities of a requiring authority. One of the financial responsibilities of a requiring authority is to be in a position to purchase an interest in land subject to a designation if ordered to do so by the Environment Court under section 185 of the RMA. (6)
  • A copy of your most recent annual report. (6)

The Ministry for the Environment processes all applications and makes a recommendation to the Minister.

Before approving a network utility operator as a requiring authority, the Minister for the Environment must be satisfied that:

  1. the approval of the applicant as a requiring authority is appropriate for the purposes of carrying on the project, work or network utility operation; and
  2. the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment.

The Minister is able to revoke requiring authority status under section 167(5) of the RMA.

If you would like more information on how to apply to become a requiring authority please email rmainfo@mfe.govt.nz.

What is the designation process?

A designation can be included in a district plan in two ways – either as a new designation, or as a designation that is continued or 'rolled over' from a previous district plan.

RMAA 2009 introduced new options in the processing of designations.  Notices of requirement for designations can now be directly referred to the Environment Court providing that the council agrees. RMAA 2009 also clarified that notices of requirement for a new designation or alteration of an existing designation can be called-in as a matter of national significance by the Minister for the Environment and referred by the Minister to a board of inquiry or the Environment Court for a decision. These applications can now be lodged directly with the Environmental Protection Authority (EPA).

For more information on the process for designations that are directly referred to the Environment Court or called-in by the Minister for the Environment see:

Process for a new designation which is not a proposal of national significance or directly referred to the Environment Court

RMAA 2009 introduced the requirement for the territorial authority to decide under s168(1A) whether or not a notice of requirement should be notified. This means that a notice of requirement can now be processed either on a publicly notified, limited notified or non-notified basis.

  1. A Minister of the Crown, local authority or a network utility operator approved as a requiring authority may notify the territorial authority that it intends to designate land by issuing a 'notice of requirement' to the territorial authority. This notice of requirement must be in the prescribed form [Form 18 (RTF document 37 KB) of the Resource Management (Forms, Fees, and Procedure) Regulations 2003].
  2. The territorial authority may request further information in relation to the notice of requirement.
  3. The territorial authority must decide whether to publicly notify, limited notify or not notify the requirement notice in accordance with section 168(1A) . The decision as to what process the requirement will follow will be made under ss 95A- 95F.
  4. If the requirement is publicly notified the public notice must be in the prescribed form [either Form 18 (RTF document 37 KB) or Form 19 (RTF document 32 KB)]. The notice must be served on specific people including affected parties, relevant iwi authorities and local authorities and the Minister of Conservation and Minister of Fisheries where appropriate [Regulation 10 of Resource Management (Forms, Fees, and Procedure) Regulations 2003].

    If the requirement is limited notified notice of the requirement must be served on all parties who are considered to be adversely affected (and who have not already given their written approval). 
    If the application is not notified then the territorial authority may make a decision under step 7 below.
  5. Any person may make a submission to the territorial authority relating to the notice of requirement if the application is publicly notified.

    Any person who is served notice of a notice of requirement may make a submission to the territorial authority relating to the notice of requirement if the application is limited notified.

    Any submission on a notice of requirement should be made in the same way as a submission on a resource consent application.
  6. The territorial authority may conduct a pre-hearing meeting or it may proceed straight to a council hearing of the requirement if it is publicly or limited notified.
  7. In considering the requirement, the territorial authority must take into account the information set out in the notice of requirement, submissions (if there are any) and the factors outlined in section 171(1), including:
    • whether the designation is reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought
    • whether adequate consideration has been given to alternative sites, routes or methods of undertaking the work
    • all relevant provisions of any national policy statement, New Zealand coastal policy statement, regional policy statement, proposed regional policy statement, regional plan, proposed regional plan, district plan and proposed district plan.

      The territorial authority must not have regard to competition or the effects of trade competition when making its recommendation in accordance with s110 (1A)
  8. The territorial authority makes a recommendation back to the requiring authority as to whether the requiring authority should confirm (with or without conditions), modify or withdraw the notice of requirement.
  9. The requiring authority makes a decision whether to accept or reject that recommendation, in whole or part.
  10. The territorial authority must ensure that if the notice of requirement was notified that every person who made a submission receive notice of the decision by the requiring authority and land owners or occupiers directly affected by the decision.
  11. The territorial authority or any submitter to the notice of requirement may appeal the decision made by the requiring authority under section 172, to the Environment Court.
  12. Depending on the outcome of the appeal, the designation may be placed in the district plan under s 175.

Process for a 'rolled over' designation

  1. When the territorial authority reviews its district plan (under Schedule 1 of the RMA), it invites requiring authorities to advise it on whether they would like their designations to be rolled over.
  2. The territorial authority will include designations with or without modifications in the proposed district plan, and any person may lodge a submission on this.
  3. If any submissions are lodged, people may make further submissions.
  4. The territorial authority will hold a hearing if there are any submissions.
  5. Then the process continues from step 7 above.

For more specific advice on how to include a designation in the district plan, contact your territorial authority or refer to our A Guide to Designations Under the Resource Management Act 1991.

 

Last updated: 1 October 2008