Section 168 — Resource Management Act 1991: Notice of requirement to territorial authority
Text of the provision Official document
168 Notice of requirement to territorial authority (1) A Minister of the Crown who, or a local authority which, has financial responsibility for a public work, may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation— (a) For a public work; or (b) In respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work. (2) A requiring authority for the purposes approved under section 167 may at any time give notice in the prescribed form to a territorial authority of its requirement for a designation— (a) For a project or work; or (b) In respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of such a project or work. (3) [Repealed] (4) A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority affected. (5) Upon receipt of notification under subsection (4) , the territorial authority shall— (a) Publicly notify the withdrawal; and (b) Notify all persons upon whom the requirement has been served. Subsection (1) was amended, as from 1 August 2003, by section 60(1) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ in the prescribed form ” after the words “ give notice ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was amended, as from 7 July 1993, by section 85 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ for the purposes ” . Subsection (2) was amended, as from 1 August 2003, by section 60(2) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ in the prescribed form ” after the words “ give notice ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(a) was substituted, as from 7 July 1993, by section 85 Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was repealed, as from 1 August 2003, by section 60(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Official source: legislation.govt.nz
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