Notices of requirement for new designated land

How it works

A notice of requirement allows requiring authorities, such as network operators and local authorities, to designate land for public works or network utilities. This means that the requiring authority may undertake work without a resource consent as long as the works are those intended in the purpose of the designation. 

Designated land for public works and utilities

The process

After the notice of requirement is submitted and the initial fee has been paid, the process for us to make recommendations takes up to:

• 20 working days for a non-notified notice
• 100 working days for a limited notified notice
• 130 working days for a publicly notified notice.

It will take longer if there’s information missing from the notice.

The requiring authority will then have 30 working days to respond to any recommendations we make on the notice.

If the notice needs to be publicly notified

When we assess the notice of requirement, we may determine that it needs to be

• publicly notified – meaning it will be open to all members of the public for submissions
• limited notified – meaning it will only be open for submissions to members of the public who are directly affected by the proposed designation.

The process is the same as a notified resource consent.

Notified resource consents

Making a submission on a notice of requirement

How to lodge a notice of requirement

1. Consultation

Requiring authorities usually carry out a consultation throughout the process with:

• members of the public
• affected landowners
• iwi
• local boards.

This allows anyone who is affected by the proposal an opportunity to share their views and give input into the designation.

2. Lodging the notice

The requiring authority will need to provide a cover letter or use the Form 18 template to outline:

• the nature of the proposed conditions of the work and the site (noting any distinguishing characteristics)
• any consultation outcomes with affected parties – or if consultations were not sought, the reasons why
• any alternative sites, routes, and methods have been considered.

Lodging a notice of requirement costs $3510.

Resource Management Act 2003 Form 18 – Parliamentary Counsel Office

4. We assess the notice and make recommendations

We assess the notice in two stages:

• An initial check for missing information or inaccuracies
• Full assessment of the environmental effects of the proposed designation – we may decide that a notice should be assessed as a limited or publicly notified notice.

Rather than a decision, such as that which we would issue for a resource consent, the Council issues recommendations. We may recommend that the requiring authority accept or modify conditions or withdraw the notice of requirement if we feel it affects the surrounding environment. 

5. The requiring authority decides to confirm or withdraw the notice

After they've received our recommendations, the requiring authority has 30 working days to let us know if they wish to:

• proceed with the notice as-is
• modify the notice
• impose conditions, or
• withdraw the notice.

Once the designation is confirmed, it's included as a new operative designation in the District Plan.

Rolling over an existing designation

When the District Plan is reviewed, we will contact the requiring authority to confirm that the designation is still accurate, relevant and has appropriate conditions.

The requiring authority will need to confirm whether or not they wish to roll over the designation into the newly reviewed District Plan.

Modifying an existing designation

The requiring authority must apply for a notice to alter the designation if they want to change the conditions of a designation. The process is similar to applying for a new notice of requirement.