What can designated land be used for?
The requiring authority can use the designated land for the 'designation notation' or 'designated purpose' as set out in the district plan. This is also known as the 'scope' of the designation. Normal district plan provisions apply if the requiring authority wants to use the land for a purpose outside the scope of its designation. In this case, a resource consent would need to be obtained unless the activity is permitted in the district plan.
If you wish to do anything on designated land that may prevent or hinder the designated work, written consent must be obtained from the requiring authority. If the requiring authority declines to approve what you wish to do, you can appeal to the Environment Court. The normal provisions of the district plan apply to your proposed activity, and you may need to obtain resource consents. In this case, the council may consider the requiring authority to be an affected party.
An example of a designation might be for a Telecom New Zealand network utility site. In this case the notation might be: 'radiocommunications, telecommunications and ancillary purposes'. If Telecom (or any other party) wanted to carry out an activity on the site that didn't come within the notation, it may need to obtain a resource consent from the district or city council.
A designation can only be relied upon once it is included in an operative district plan. For a new designation proposed to be included in an operative district plan, this is when the designation is confirmed by the requiring authority or, if there are appeals, confirmed by the Environment Court. However, if you wish to do anything on land which is in the process of being designated, which may prevent or hinder the proposed designation, written consent must be obtained from the requiring authority.
A designation that is processed through the district plan process, cannot be relied upon until the plan (or that part of the plan) is made operative.
When the financial responsibility for a designation transfers from one requiring authority to another, the responsibility for the designation itself also transfers. Each party to a transfer must be a requiring authority. The requiring authority that transfers responsibility for the designation must advise the Minister for the Environment and the relevant council. The transfer is then noted in the district plan.
