What is a notice of requirement?
A notice of requirement is the way a requiring authority gives notice to a city or district council that it is seeking to designate land. Until included in a district plan, a designation is referred to as a notice of requirement. A notice of requirement for a new designation must go through the following process before it becomes a designation:
- The requiring authority usually carries out a site or route selection and consultation process.
- The notice of requirement is prepared and lodged with the city or district council.
- The council publicly notifies the notice of requirement and anyone can prepare and lodge a submission with the council.
- A public hearing is held where the requiring authority and all submitters are able to be heard.
- 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it thinks the designation should be confirmed in the district plan (with or without modification and conditions) or withdrawn.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 opportunity exists for the council or any submitter to appeal the decision of the requiring authority.
- Where the city or district council is also the requiring authority, they do not make a recommendation but a decision to confirm, cancel or modify the requirement.
Getting involved in the consultation process before a notice of requirement is lodged will ensure the requiring authority is aware of your position when the notice of requirement is prepared and decisions are made regarding the proposed works.
Site selection and consultation
When a requiring authority identifies the need to designate land to carry out works, a site selection (and/or route and/or method selection, as appropriate) process is usually carried out. The requiring authority may not have to consider alternatives if it has sufficient interest in the site; for example, if it owns the site.
During this process, the requiring authority is likely to consult with the community to gain feedback on what is proposed, and assist in identifying what environmental effects are likely to be caused by the works. People likely to be consulted include those whose land is directly affected by the designation, neighbours to the land, local iwi, and possibly other organisations such as the Department of Conservation, the New Zealand Historic Places Trust, and the New Zealand Fish and Game Council, depending on the site, the issues arising and the likely effects.
Preparation and lodgement of the notice of requirement
Once the requiring authority is satisfied it has identified the appropriate site, route and/or method to achieve its objectives, and has carried out the level of consultation it wishes to before lodgement, a notice of requirement is prepared. The RMA sets out what needs to be included in a notice of requirement. In summary, it needs to include:
- the site location
- the nature of the proposed work
- the nature of proposed restrictions that would apply
- the effects that the work will have on the environment and the ways in which any adverse effects will be mitigated
- the extent to which alternative sites, routes and methods have been considered
- why the work and designation are reasonably necessary for achieving the objectives of the requiring authority
- details of any resource consents that are needed and whether they have been applied for
- details of any consultation that has been carried out with parties likely to be affected.
- council can ask for more information and put the application on hold until more information is received so the council can assess the impact of the designation.
The submission process
Once the council has received the notice of requirement and is satisfied that sufficient information is included to enable the notice to be assessed, it is publicly notified. Any member of the public then has 20 working days within which to lodge a submission to the notice of requirement.
All new notices of requirements must be publicly notified. There is no non-notification or limited notification option available to the requiring authority or the council (unlike resource consent applications).
Take care in preparing your submission. The council will hold a full copy of the notice of requirement, including associated background reports. You should view the whole notice and read through it before you prepare your submission. Obtain planning or legal advice if you think you need it.
The basic principles of writing a good submission are the same as for making a submission on an application for resource consent. For more information on how to make good written submissions to your local council see 'An Everyday Guide to the RMA' booklet 3.2 Making a Submission on a Resource Consent.
Hearing
If any submitters identify within their submission that they wish to be heard, the council will hold a hearing to consider the notice of requirement.
Councillors or independent commissioners will conduct proceedings, and hear from the parties involved with the notice of requirement. The hearings committee will usually have a report containing recommendations from a council planner (possibly a planning consultant employed by the council) to assist them in their assessment.
The requiring authority and submitters can speak at the hearing. At the hearing you are able to speak to your submission, or you may also bring along someone to represent you, and/or present evidence on your behalf. The requiring authority is likely to have someone present to represent it. The representative may present evidence relating to what the authority proposes to do. The authority may also have representatives giving expert evidence about the likely effects.
The hearing process will be similar to a hearing held for an application for resource consent. For more information see 'An Everyday Guide to the RMA' booklet 3.3 Appearing at a Resource Consent Hearing.
Council recommendation and requiring authority decision
Following the hearing, the council will recommend to the requiring authority whether it thinks the notice of requirement should be confirmed (ie, the site should be designated for the proposed purpose); should be confirmed with modifications and/or conditions; or should be withdrawn. This differs from a resource consent hearing where the council is the decision-maker. In making its recommendation, the council will take into account the notice of requirement, the planner's recommendations in his/her report, national, regional and district plans and policy statements as relevant, and information presented at the hearing (both by submitters and the requiring authority).
The requiring authority will then decide whether or not to accept the council's recommendation. It must make the decision within 30 working days of receiving the council's recommendation. Most designations have conditions attached to them which limit what can be carried out under the designation and are intended to mitigate any adverse environmental effects. Once the council has received the requiring authority's decision, it must serve a copy of the decision on all submitters as well as landowners and occupiers whose land is directly affected by the decision.
Appeal options
Once the requiring authority has made its decision, both submitters and the council, can appeal the decision or parts of the decision to the Environment Court. For a new designation to an operative plan, this must be done within 15 working days of when the decision was served. For a designation that is included in a proposed plan, this must be done within 30 working days of when the decision was sent out.
A working day means any day except for a weekend day, public holiday, and those days between 20 December and 10 January.
If you do not like the decision of the requiring authority, it is recommended you seek professional advice from a planning consultant or legal expert before you lodge an appeal.
For more information on the Environment Court, see 'An Everyday Guide to the RMA' booklet 6.1 Your Guide to the Environment Court.
