Section 168A — Resource Management Act 1991: Notice of requirement by territorial authority

168A Notice of requirement by territorial authority (1) When a territorial authority proposes to issue notice of a requirement for a designation— (a) For a public work within its district and for which it has financial responsibility; 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—

it shall notify the requirement in accordance with section 93(2) ; and the provisions of section 168 , with all necessary modifications, shall apply to such notice. (2) Sections , 96 , 97 , and 99 to 103 shall apply, with all necessary modifications, in respect of a notice under subsection (1) , as if every reference in those sections— (a) To a resource consent were a reference to the requirement; and (b) To an applicant or a consent authority were a reference to the territorial authority; and (c) To an application for a resource consent were a reference to the notice under subsection (1) . (3) When considering a requirement and any submissions received, a territorial authority must, subject to Part 2 , consider the effects on the environment of allowing the requirement, having particular regard to— (a) any relevant provisions of— (i) a national policy statement: (ii) a New Zealand coastal policy statement: (iii) a regional policy statement or proposed regional policy statement: (iv) a plan or proposed plan; and (b) whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if— (i) the requiring authority does not have an interest in the land sufficient for undertaking the work; or (ii) it is likely that the work will have a significant adverse effect on the environment; and (c) whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and (d) any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement. (4) The territorial authority may decide to— (a) confirm the requirement: (b) modify the requirement: (c) impose conditions: (d) withdraw the requirement. (5) Sections 173 , 174 , and 175 apply, with all necessary modifications, in respect of a decision made under subsection (4) . Section 168A was inserted, as from 7 July 1993, by section 86 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was amended, as from 1 August 2003, by section 61(1) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ notify the requirement in accordance with section 93(2) ” for the words “ publicly notify the requirement ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was amended, as from 17 December 1997, by section 35(1) Resource Management Amendment Act 1997 (1997 No 104) by inserting the expression “ 93, ” . See section 78 of that Act as to the transitional provisions. Subsection (2) was amended, as from 1 August 2003, by section 61(2) Resource Management Amendment Act 2003 (2003 No 23) by omitting the expression “ 93 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(b) was amended, as from 17 December 1997, by section 35(2) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ or a consent authority ” . See section 78 of that Act as to the transitional provisions. Subsection (3) was substituted, as from 1 August 2003, by section 61(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was amended, as from 17 December 1997, by section 35(3) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ , 174, and 175 ” for the expression “ and 174 ” . See section 78 of that Act as to the transitional provisions. Subsection (4) was substituted, as from 1 August 2003, by section 61(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was inserted, as from 1 August 2003, by section 61(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.