Figure 1: Steps in the new designation process (sections 168-179)

Text description of figure

Steps illustrated in the figure are explained below:

Step 1
The Territorial Authority (TA) receives the notice of requirement and checks the status of the Requiring Authority (RA) against a Gazette Notice or the Resource Management Act (RMA).

The TA checks if the RA status is confirmed.

Step 2
If the status is not confirmed, the notice of requirement is returned to the applicant.

Step 3
If there is insufficient information, a section 92 request for further information is made (the application is placed on-hold). This stays on-hold until the TA is satisfied that there is sufficient information.

Step 4
If there is sufficient information the TA decides whether to publicly notify the notice.

Step 5
Once the submission period closes, the TA determines if a hearing is required, (or if the submitters have requested one).

Step 6
If a pre-hearing meeting is required, this takes place, and then following the pre-hearing, a decision is made if a hearing is still required.

Step 7
A hearing is conducted, and following the hearing (or the next step if a hearing is not required), the decision is made if the notice of requirement is by the TA itself.

Step 8
If the notice of requirement is by the TA itself, the TA makes the decision and has 15 Working Days to notify submitters and landowners of the RA decision.

Step 8a
If the notice of requirement is not by the TA itself, the TA makes a recommendation to the RA. The RA has 30 Working Days to make a decision and advise the TA.

Step 9
Once the TA is advised, the TA has 15 Working Days to notify submitters and landowners of the RA decision.

Step 10
The TA or any submitters have the opportunity to lodge an appeal on the RA decision.
If the Environment Court rejects the submission, the designation is NOT included in the District Plan.

Step 10a
If an appeal is lodged by the TA and/or submitter(s), the Environment Court must decide whether to confirm the designation. If the Environment Court confirms the designation, or there are no appeals by the TA and/or submitters, the TA puts the designation into the District Plan.