A Designation is a provision in a District Plan that facilitates a project or work. Designations enable public type projects to be carried out in a similar way as if they were authorised by a rule in a District Plan. Designations also restrict activities which are inconsistent with the designated work, and thereby preserve the land for future works.
A Notice of Requirement is essentially an application for a Designation. Only a Requiring Authority (Minister of the Crown, Local Authority or approved Network Utility Operator) can give Notice of Requirement for a Designation. The Notice of Requirement can be submitted to the Territorial Authority (i.e. Council), the Environmental Protection Authority or the Environment Court. The Notice of Requirement is processed largely in the same manner as a Resource Consent, including the decision whether to publicly notify the notice. However, the Territorial Authority does not make the final decision (as with a Resource Consent), but makes a recommendation to the Requiring Authority as to whether it should be confirmed, modified or withdrawn. The Requiring Authority then decides whether to accept or reject the recommendation. The decision can be appealed to the Environment Court by the Territorial Authority or any submitter.
The Requiring Authority responsible for the Designation may do anything that is in accordance with the Designation. No person may do anything which would prevent the work to which the Designation relates without written consent of the Requiring Authority.
A Requiring Authority can apply to the Minister of Lands to have the effected land compulsorily acquired under the Public Works Act 1981. Affected landowners can also apply to the Environment Court for an order that the Requiring Authority purchase the land under the Public Works Act.
As soon as a Requiring Authority submits a Notice of Requirement for a Designation, a person cannot do anything which would prevent or hinder the work until the requirement is either withdrawn, cancelled or included in the District Plan.
The deposit fees payable for Designations are listed here. Additional fees may be occurred and will be invoiced at cost.
The Ministry for the Environment’s Everyday Guide to the RMA provides more information about designations. The RMA’s provisions that address designations can be accessed from clicking on the following link: Part 8 of the Resource Management Act 1991
If you wish to make a submission on a Notice of Requirement, please use the following form:
A Requiring Authority is required to submit an Outline Plan to the Territorial Authority of the public work, project, or work to be constructed on designated land. The Territorial Authority can request changes to the Outline Plan within 20 working days of receiving the same. If the Requiring Authority does not make the requested changes to the Outline Plan, the Council can appeal the decision within 15 working days to the Environment Court.
An Outline Plan need not be submitted to the Territorial Authority if -
- the proposed public work, project, or work has been otherwise approved by the Resource Management Act 1991;
- the details of a proposed public work, project, or work are incorporated into the Designation;
- the Territorial Authority waives the requirement for an Outline Plan.
The obligation to submit an Outline Plan is normally only waived when the works proposed are very minor in nature and effect.
The deposit payable for any Outline Plan is $620.00. Additional fees may be occurred and will be invoiced at cost.