New Zealand Legislation: Acts

166 Meaning of designation, network utility operator, and requiring authority

• In this Act—

  designation means a provision made in a district plan to give effect to a requirement made by a requiring authority under section 168 or section 168A or clause 4 of Schedule 1

  network utility operator means a person who—

  • (a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

  • (b) operates or proposes to operate a network for the purpose of—

    • (i) telecommunication as defined in section 5 of the Telecommunications Act 2001; or

    • (ii) radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989; or

  • (c) 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

  • (d) undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

  • (e) undertakes or proposes to undertake a drainage or sewerage system; or

  • (f) constructs, operates, or proposes to construct or operate, a road or railway line; or

  • (g) is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or

  • (h) is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or

  • (i) undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act,—

  and the words network utility operation have a corresponding meaning

  requiring authority means—

  • (a) a Minister of the Crown; or

  • (b) a local authority; or

  • (c) a network utility operator approved as a requiring authority under section 167.

  Section 166 designation: amended, on 7 July 1993, by section 83(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 166 network utility operator paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

  Section 166 network utility operator paragraph (b): substituted, on 20 December 2001, by section 158 of the Telecommunications Act 2001 (2001 No 103).

  Section 166 network utility operator paragraph (c): substituted, on 7 July 1993, by section 83(2) of the Resource Management Amendment Act 1993 (1993 No 65).