Applying for requiring authority status

Requiring authorities can be:

• a Minister of the Crown
• a local authority
• a network utility operator approved as a requiring authority under the RMA.

Network utility operators can apply to the Minister for the Environment for approval to become a requiring authority for the purposes of a particular work, project or a particular network utility operation.

Network utility operators are defined in section 166 of the RMA and include entities that distribute gas, petroleum, geothermal energy, telecommunications, electricity, water and wastewater, or construct or operate roads, railway lines and airports.

Requiring authorities have significant powers.

They can:

• apply to the local authority to designate land. (A designation is a provision in a district plan that gives notice to the community that a requiring authority intends to use land in the future for a particular work or project)
• undertake works in an emergency and get resource consents after the work has been done
• apply to the Minister of Land Information to use the compulsory acquisition powers in the Public Works Act 1981
• go on to private land (after giving notice) to undertake investigations under the Public Works Act 1981.

Under the RMA, the Minister for the Environment may revoke requiring authority status under section 167(5) of the RMA if satisfied that a requiring authority is either:

• no longer likely to undertake or complete a project, work or network utility operation
• unlikely to satisfactorily carry out any of its responsibilities as requiring authority
• no longer a network utility operator.