New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) This section applies if a territorial authority decides to issue a notice of requirement for a designation—
(a) for a public work within its district and for which it has financial responsibility; or
(b) in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
(1A) The territorial authority must decide whether to notify the notice of requirement under sections 95A to 95F (but without the time limit specified by section 95), which apply with all necessary modifications and as if—
(a) a reference to a resource consent were a reference to the requirement; and
(b) a reference to an applicant or a consent authority were a reference to the territorial authority; and
(c) a reference to an application for a resource consent were a reference to the notice of requirement; and
(d) a reference to an activity were a reference to the designation.
(1B) Section 168 applies to the notice of requirement with all necessary modifications.
(2) Sections 96, 97, and 99 to 103 apply to the notice of requirement with the modifications described in subsection (1A).
(2A) When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition.
(3) When considering a requirement and any submissions received, a territorial authority must, subject to Part 2, consider the effects on the environment of allowing the requirement, having particular regard to—
(a) any relevant provisions of—
(i) a national policy statement:
(ii) a New Zealand coastal policy statement:
(iii) a regional policy statement or proposed regional policy statement:
(iv) a plan or proposed plan; and
(b) whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
(i) the requiring authority does not have an interest in the land sufficient for undertaking the work; or
(ii) it is likely that the work will have a significant adverse effect on the environment; and
(c) whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
(d) any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
(4) The territorial authority may decide to—
(a) confirm the requirement:
(b) modify the requirement:
(c) impose conditions:
(d) withdraw the requirement.
(5) Sections 173, 174, and 175 apply, with all necessary modifications, in respect of a decision made under subsection (4).
Section 168A: inserted, on 7 July 1993, by section 86 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 168A(1): substituted, on 1 October 2009, by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 168A(1A): inserted, on 1 October 2009, by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 168A(1B): inserted, on 1 October 2009, by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 168A(2): substituted, on 1 October 2009, by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 168A(2A): inserted, on 1 October 2009, by section 102 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 168A(3): substituted, on 1 August 2003, by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 168A(4): substituted, on 1 August 2003, by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 168A(5): added, on 1 August 2003, by section 61(3) of the Resource Management Amendment Act 2003 (2003 No 23).