Applying for requiring authority status

This page has information for network utility operators on applying for requiring authority status.

Application process

  • Applications should be made in the prescribed form [Form 17 (RTF document 36 KB) of the Resource Management (Forms, Fees, and Procedure) Regulations 2003, SR 2003/153].
  • A fee of $511.10 must accompany all applications. Please make an online payment into the following bank account: Ministry for the Environment: 03 0049 0003202 000. Please include the applicant’s name in the reference field and the text “REQAUTH”.
  • Applicants should include proof of payment of the fee with their application, such as a printout of the payment screen.

Before applying

If you are planning to submit an application we encourage you to contact our RMA Practice Team by emailing info@mfe.govt.nz. Please include ‘application to become requiring authority’ in the subject line of the email.

We can answer questions about the process, and help you identify the information you need to provide with your application. If the application is not supported by adequate and sufficient documentation, we will have to request further information which will extend the time required to process your application. 

Documentation

We advise that applicants provide the following information in their application.

Information required Specifics
Details of applicant Details on the applicant as an organisation, including what services it provides and its company structure.
Application authority The application should be signed off or accompanied by a letter endorsing the application from a person with suitable authority within the company.
Requirement for requiring authority status Evidence of the need for an applicant to have access to the powers of a requiring authority and the degree to which alternatives (such as the resource consent process) are available and would suffice.
Network utility operator status Order in Council or other evidence that establishes the applicant as a network utility operator.
Description of project of work or network utility operation Full description of project, accompanying maps with clear explanations detailing the geographic extent of the project, names of territorial authorities in which the project will occur.
Details of applicant The applicant’s objectives, duties, and responsibilities and how the project or work or network utility operation relates to them. Statement of any consequences for the applicant in achieving those objectives, duties, and responsibilities if approval is declined.
Financial responsibilities Latest annual report or other financial statements.
Evidence that the applicant gives proper regard to the interests of the environment Environmental manuals, environmental policies, plans, protocols, assessments of environmental effects, examples of environmental monitoring, industry standards in relation to the environment, codes of practice in relation to the environment.
Evidence that the applicant gives proper regard to the interests of those affected (consultation) Consultation documents including any consultation policies/plans/protocols, stakeholder or media consultation documents, terms of reference and meeting notes from community meetings and the outcomes of such meetings, industry standards for consultation. This may include consultation with community groups, local iwi, government authorities and others affected by the proposal.

Consideration and decision process

  • The Ministry for the Environment processes all applications and makes recommendations to the Minister for the Environment.
  • The Minister makes the decision on whether or not requiring authority status will be granted to the applicant.
  • When considering the application the Minister must be satisfied that:
    • such approval is appropriate for the purposes of carrying on the project, work, or network utility operation
    • the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under the RMA and will give proper regard to the interests of those affected and to the interests of the environment.
  • Under section 167(3) of the RMA, the Minister is able to approve an applicant as a requiring authority for the purposes of a particular project or work or network utility operation on such terms and conditions (including provision of a bond) as are specified in the notice.

If the Minister approves an application, it is notified in the New Zealand Gazette and comes into force 28 days after the publication of the gazette notice.

Reviewed:
20/05/16