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Getting involved in the designation process

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.

In summary, the opportunities for getting involved in the designation process are:

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1. A requiring authority may approach you before lodging their notice of requirement with the council. While consultation is not a mandatory requirement under the Resource Management Act (RMA) it can be useful for a requiring authority to talk to interested or potentially affected parties about the proposed works and designation.

 

2. Once the council receives a notice of requirement from a requiring authority it may request further information.

 

3. The council publicly notifies the notice. Anybody can make a submission on the notice of requirement. Writing a submission on a notice of requirement is the same as making a submission on an application for a resource consent. See Making a Submission on a Resource Consent.

 

4. The council may hold a hearing if you or another submitter ask to be heard in support of your submission in your written submission. The hearing process will be similar to a hearing held for an application for a resource consent. See Appearing at a Resource Consent Hearing. A pre-hearing meeting may also be held to sort out issues before a formal hearing.

 

5. The council considers all the submissions it received, together with the notice of requirement, then makes a recommendation to the requiring authority that either the designation be approved; approved with changes and/or conditions; or withdrawn.

 

6. The requiring authority decides whether to confirm the designation, confirm it with changes and/or conditions, or withdraw it. Most designations that are confirmed are subject to conditions.

 

7. The council notifies the decision of the requiring authority to all submitters and affected landowners/occupiers.

 

8. If you don‘t like the decision, or the conditions, you or the council can object to the council or appeal to the Environment Court. See Resolving Resource Management Act Concerns and Your Guide to the Environment Court.

 

You can also view a simplified visual diagram of this process:

Information on landowner's rights when the Crown requires land for a public work is available on Land Information New Zealand's website:

Last updated: 16 January 2009