How to apply for requiring authority status

If you are planning to submit an application we encourage you to contact the Resource Management Systems Team by emailing info@mfe.govt.nz. 

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 may have to request further information or clarification which could extend the time required to process your application.

Form to use

Applications should be made in the prescribed form. 

• If lodging before 23 November 2023, applicants must use the prescribed for – Form 17 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
• If lodging on or after 23 November 2023, applicants must use the prescribed form – see Form 1 of the Natural and Built Environment (Forms and Fees) Regulations 2023.
  
  

Application fee

A fee of $511.10 must accompany all applications.

You need to make an online payment to:

• Ministry for the Environment
• Account number: 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.

• 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.

• For applications lodged before 23 November 2023 under the RMA, 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.

• For applications lodged on or after 23 November 2023 under the NBA, the considerations for network utility operators are the same as those above under the RMA.

• For other applicants (ie, not network utility operators), in addition to the considerations above for network utility operators, the Minister must not give approval unless satisfied that:

  • the project/work provides a significant and identifiable public benefit necessary for the functioning of the economy, health and safety of people, or protection of the environment

  • the public benefit is for the general public or a sufficient section of the public

  • there are limited options for locating the project or work due to operational requirements or the project or work responds to a defined need in a specific location

  • the size and scale of the project/work is such that approval is appropriate

  • the project/work is not a commercial retail activity (such as a supermarket or petrol station) or a facility to support a commercial retail activity (warehousing or distribution).

• For other applicants (ie, not network utility operators), the Minister may also have regard to whether the project would be more appropriately progressed using other processes under the NBA or any other matters that the Minister considers relevant.

• Under section 167(3) of the RMA and subsequently from 23 November 2023, section 513(4) of the NBA, the Minister is able to approve an applicant as a requiring authority for the purposes of a particular project or work or a particular 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 from the date specified in the Gazette notice.