Preparing a Notice of Requirement
Submitting a Notice of Requirement (NoR) is similar to applying for resource consent. It is a statutory process under the Resource Management Act (RMA) and is how the Supporting Growth Programme will notify Auckland Council that it is seeking to designate land. Until a designation has been confirmed and included in the Auckland Unitary Plan, a designation is referred to as a NoR
In preparing a NoR, the Supporting Growth Programme will:
- Investigate the strategic need for a project
- Consult with the community and affected property owners
- Assess options and alternatives before selecting preferred option
- Commission specialist assessments and assess the environmental effects of the project and how they can be avoided, managed or mitigated.
Consultation during a NoR’s development
An important part of developing a project or a NoR is consulting with those potentially affected – the community, Manawhenua, businesses, government and community organisations.
- This involvement will help the Supporting Growth Programme consider everyone’s views and potential issues and effects of a project. It is an important part of assessing the optimal way to avoid, remedy or mitigate any effects.
- It is also an important step in establishing ongoing trust and engagement between people affected by a designation once it’s approved.
- Once a designation is in place, property owners can continue to use, own, buy or sell their designated land for many years to come, right up until the requiring authority (Auckland Transport or Waka Kotahi) needs the land for construction. Ongoing communication between parties during this time is important for everyone.
Property owners and designations
All affected property owners will be consulted with through the development of the NoR to look for ways to reduce or mitigate impacts or concerns or look for opportunities.
- If a formal designation process is planned, we will keep you updated on how that process is progressing and when you will have the chance to make submissions if you would like to. Submitting is voluntary and means you can be heard by an independent person/group such as Council appointed commissioners.
- Once a designation is approved and in place, property owners can continue to use, own, buy or sell their designated land for many years, right up until the requiring authority needs the land for construction. The timeline for purchasing the land required is usually within a few years of the expected construction date. At that point the requiring authority would contact property owners to begin purchase negotiations under the Public Works Act 1981. The majority of the Supporting Growth Programme’s designations are for projects that will not have funding for construction for another 10 to 30 years.
- In the interim, property owners with land with a designation in place may receive interest from developers looking to sub-divide or redevelop the land when Auckland Council’s future rezoning from rural to urban takes place.
- Other owners may wish to buy or sell privately, depending on whether they want to be part of a new developing urban area. Selling land is fine as long as the designation is discussed with the purchaser.
- While the designation signals the future use of land for a public work, in the meantime property owners can continue to use the land in the manner they were before the NoR was lodged, including maintenance or grazing. If a property owner wishes to change the use of their land, or to build or develop on land that is subject to a designation, they need to discuss such proposals with the requiring authority. This is to make sure that the future construction of the project is not hindered.
- Anyone facing a change of circumstances or having difficulties selling their property should contact the requiring authority to ascertain what processes and criteria apply in these circumstances.
What happens once a notice of requirement for a project is lodged with the Council?
Once a notice of requirement for a project is lodged with the Council the formal Resource Management Act 1991 process begins:
- The Council decides if the notice of requirement is ready to be publicly notified.
- If it is publicly notified, the public has the opportunity to lodge submissions with the Council (whether supporting, opposing or seeking changes to the notice of requirement). This is an important opportunity for the public to support or object to some or all of the notice of requirement that is of interest.
- Following receipt of submissions a public hearing will be held where the requiring authority and all submitters are able to be heard. This is a further opportunity to present any concerns.
- Following the hearing the Council then recommends to the requiring authority whether it thinks the designation should be confirmed in the district plan (with or without modification to the conditions) or be withdrawn.
- The requiring authority then decides whether to accept or reject the Council’s recommendation in part or full.
- Once a decision is made by the requiring authority, the opportunity exists for the Council or any submitter to appeal the decision of the requiring authority (any such appeal is lodged with the Environment Court). This must be done within 15 working days of the decision. This is a further opportunity to raise concerns that remain unresolved following the Council stage notice of requirement process.
Throughout the formal Resource Management Act 1991 process the requiring authority will engage with participants and try to resolve issues raised if it is practicable to do so.