New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) A network utility operator may apply to the Minister in the prescribed form for approval as a requiring authority.
(2) The Minister may make such inquiry into the application and request such information as he or she considers necessary.
(3) The Minister may, by notice in the Gazette, approve an applicant under subsection (1) as a requiring authority for the purposes of—
(a) a particular project or work; or
(b) a particular network utility operation—
on such terms and conditions (including provision of a bond) as are specified in the notice.
(4) The Minister shall not issue a notice under subsection (3) unless he or she is satisfied that—
(a) 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
(b) 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.
(5) Where the Minister is satisfied that—
(a) a requiring authority is unlikely to undertake or complete a project, work, or network utility operation for which approval as a requiring authority was given; or
(b) a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or
(c) a requiring authority is no longer a network utility operator—
the Minister shall, by notice in the Gazette, revoke the relevant approval given under subsection (3).
(6) Upon the revocation of an approval under subsection (5), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, shall be deemed to be transferred to the Minister under section 180.
Section 167: substituted, on 7 July 1993, by section 84 of the Resource Management Amendment Act 1993 (1993 No 65).
