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.