What is a designation?

A designation is like a 'spot zoning' over a site or route in a district or city plan. This allows the designated site or route to be used for public works or utility supply without the need for a resource consent. It permits the requiring authority to do anything in accordance with the designation while restricting what others can do on the site.

A designation starts life as a notice of requirement. It then has to go through a process of consultation, submissions and hearings before finally being included (or not) in the district plan as a formally designated land use.

What is a notice of requirement?

A land use designation which has not yet been written into a district plan is called a notice of requirement. It has to go through the following process before it can be included in the plan as a formal designation.

• The requiring authority identifies the site and consults with affected parties and the general public about its intended use of the site for public works or network utilities.

• The notice of requirement is prepared and sent to the city or district council.

• The council publicly notifies the notice of requirement and invites anyone to make a submission supporting or opposing it.

• Submissions are analysed and a public hearing is held at which the requiring authority and all submitters can voice their views.

• Based on the submissions and the hearing, the council recommends to the requiring authority whether it thinks the designation should be confirmed in the district plan (with or without modification and conditions) or withdrawn.

• The requiring authority decides whether to confirm or withdraw the notice (in other words, to accept or reject the council's recommendation in part or full).

• The authority’s decision can be appealed by the council or any submitter.

Who are requiring authorities?

If a Government Minister, local authority or network utility operator wants to use their land for public works or utilities without having to go through the time-consuming process of applying for resource consents, they can act as a requiring authority.

Ministers, regional, district and city councils are automatically requiring authorities, but network utility operators must apply to the Minister for the Environment for approval. Network utility operators include organisations that distribute gas, petroleum, geothermal energy, telecommunications, electricity, water, wastewater, or who construct or operate roads, railway lines and airports.

A requiring authority has the power to designate - or rezone - a specific area of its own land for public works or utilities. Many activities which would normally require individual resource consents can be bundled together in the designation, thereby allowing work to proceed without further hindrance.

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