Introduction
Designations allow requiring authorities to plan for network utilities and large public works by setting aside an area of land outside the provisions of the district plan. In this way, they provide an alternative to resource consents or plan changes. The procedure for designating land is set out in Part VIII of the Resource Management Act 1991 (RMA). The First Schedule of the RMA contains the provisions for designations in plans.
The more familiar resource consent process often overshadows the designation mechanism as the procedures and intricacies of the designation technique are often less well understood. This leads to a poor perception of designations by territorial authorities and the public, despite the importance of designations as a tool for planning for network utilities and public works.
The Guide
This Guide provides information on how to use the designation provisions in the RMA. It describes how the designation process works, identifies the key issues facing practitioners, and gives practical advice on how to resolve these issues and ensure that the process runs as efficiently as possible.
The Guide provides best practice notes and uses case law to illustrate or clarify aspects of the designation process. It takes into account the amendments to the designation process introduced by the Resource Management Amendment Act 2003 and the Resource Management (Forms, Fees and Procedure) Regulations 2003.
Although principally a technical document, the Guide has been written for use by a varied audience including requiring authorities, resource management practitioners, and the general public. It covers the designation process from both a policy and an administrative perspective.
Section 1: Frequently asked questions
This section provides brief answers to common questions about designations.
Section 2: 'Step-by-step' guides
This section summarises the administrative steps required for the four main designation processes:
- processing a notice of requirement for a new designation
- processing a notice of requirement for an alteration to an existing designation
- processing a rollover of an existing designation from an operative district plan to a proposed district plan
- obtaining authorisation for new works on a designated site using the outline plan process.
Section 3: Detailed guidance
This section provides legislative and best practice detail on the step-by-step guides in Section 2. It also provides more detailed background about designations and requiring authorities. The guidance concerns:
- detail on designations
- detail on requiring authorities
- managing operative designations
- establishing new designations
- using outline plans
- altering existing designations
- removing, transferring and lapsing designations.
Where necessary, the Guide includes specific sections and clauses from the RMA and refers to relevant case law. However, as the RMA and associated case law are subject to amendments, reference to regularly updated and annotated Resource Management Act publications is recommended.
