How to apply for designating authority status

Before applying

If you are planning to submit an application to be considered for designating authority, we encourage you to contact Ministry for Cities, Environment, Regions and Transport officials at StatutoryNotifications@mcert.govt.nz.

We can answer questions about the process and help you identify information that may support your application. Providing complete information up front can help avoid delays caused by requests for further information or clarification.

Application process

Form to use

Applicants must use the prescribed form:

• Designating authority application form (DOCX 116KB).

If you are applying for requiring authority status under the RMA during the transition period, you must also complete the prescribed requiring authority application form:

• Resource Management (Forms, Fees, and Procedure) Regulations 2003 (New Zealand Legislation).

Applications under both Acts

If you are applying for requiring authority status under the RMA and designating authority status under the Planning Act, your application must address the requirements of both Acts.

You can use the same information to support both applications where relevant, but you must still explain how it meets the requirements of each Act.

Information requirements

Your application must provide information at a suitable level of detail to support the Minister’s decision and assess the relevant statutory considerations.

You may be asked to clarify existing information, provide additional information or provide additional assessment.

Application fee

Fees for designating authority applications will be introduced in the future. We will update this guidance when more information is available.

In the meantime, requiring authority applications made under the RMA remain subject to the fees in the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

General advice

If you rely on policies, personnel, practices or assessments from predecessor or related organisations, explain why that evidence remains relevant. For example, you may be using the same policies, retaining the same personnel, or continuing the same practices.

Your application should explain how the evidence provided meets the relevant statutory considerations. Do not rely solely on links or references to appendices.

Supporting evidence

The information needed to support an application will depend on your circumstances. This may include whether you are a new or existing operator, a Crown or private entity, and the scope of the authority you are seeking.

The examples below show the types of information that can support an application. You do not need to provide every document listed. However, you must provide enough information and evidence to show that the relevant statutory considerations have been addressed.

Details about the core infrastructure operator and their project or operation OR the other infrastructure operator and their project

 Statutory considerations for this are set out in clause 9, 10(1), 11(1) and/or 11(10) of Schedule 5.

Details about the operator

Examples of what you could include:

• A description of the services the organisation provides and intended users.
• Copies of approvals under other Acts as relevant (eg, approval as a network operator under the Telecommunications Act 2001 or as an electricity operator under the Electricity Act 1992).
• Registration with the Companies Register.
• Founding documents or legislation that sets out the entity’s purpose and the scope of activities it is authorised to undertake (eg, a company constitution, charter, articles of incorporation).
• Company structure, particularly for entities with parent companies or subsidiaries, and explanation of which entities are or will be responsible for which elements of the operation or project.
• Previous Gazette notices if prior versions or parts of the entity have already been approved as a requiring authority or designating authority.

Description of the project or operation

Examples of what you could include:

• Full description of the project or operation including whether it is current or proposed, services provided, activities involved, current and/or reasonably foreseeable anticipated development, users or beneficiaries, geographic extent, and expected duration. Please be clear about which parts of the project or operation that the operator undertakes would be in or out of scope of the designating authority approval sought (eg, a port that also operates radiocommunications facilities but is only applying to be a designating authority for the port activities).
• Accompanying maps with clear explanations detailing the intended geographic extent of the project or operation.
• Names of local authority areas and rohe in which the project or operation is intended to occur.
• In addition to the detailed description, it can be helpful to include a concise summary statement that covers the scope of the authority anticipated (ie, how would a Gazette Notice, if granted, describe the scope of the approval?).
• If applying as an other infrastructure operator for a project, please include a schedule of sites where the project will occur for inclusion in the Gazette Notice if granted.

Appropriateness for the purposes of carrying out the project (or operation if applying as a core infrastructure operator)

Statutory considerations for this are set out in clause 10(3)(a) or 11(3)(b) and 11(6) of Schedule 5.

Requirement for designating authority status

Examples of what you could include:

• Evidence of the need for the applicant to have access to the powers of a designating authority and the degree to which alternatives (such as the resource consent process or national instruments) are available and would suffice.
• Summary of consequences if the designating authority is declined.
• Evidence that the entity applying is the entity that will be financially responsible for and will be the one undertaking the project or operation (eg, copies of contracts setting out responsibilities).
• Summary of the operator’s history of compliance with relevant regulations (including environmental regulations) and explanations of any history of non-compliance.

Ability to satisfactorily carry out responsibilities of a designating authority

Statutory considerations for this are set out in clause 10(3)(b)(i) or 11(3)(c)(i) of Schedule 5.

Financial responsibilities

Examples of what you could include:

• Independent financial assessments to demonstrate sound financial management, history, or assessment of future viability.
• For existing entities, the current and past three years’ financial statements (independently audited) where available.
• For new entities, a summary of anticipated financial responsibilities as a designating authority and how those costs will be met such as evidence of current financing, projected revenue, and insurance arrangements.
• For Crown entities, summary of whether the project or operation is budgeted or otherwise funded or proposed to be funded.
• Feasibility assessments including projected costs.

Appropriate regard to the interests of those affected

Statutory considerations for this are set out in clause 10(3)(b)(ii) or 11(3)(c)(ii) of Schedule 5.

Evidence that the applicant is likely to give appropriate regard to the interests of those affected

Examples of what you could include:

• Any consultation policies/plans/protocols (ie, summary of how the applicant will assess the likely effects of the project or operation and identify parties likely to be affected).
• Stakeholder or media consultation documents.
• Industry standards for consultation.
• Case studies of how previous consultation or engagement was undertaken.
• Summaries of past consultation with community groups, local iwi, government authorities and others affected by the proposal including a description of how comments were considered.
• Standing membership on relevant stakeholder consultation working groups.
• Terms of reference and meeting notes from community meetings and the outcomes of such meetings.
• Analysis of Treaty settlements relevant to the intended geographic extent of the project or operation and their relevant statutory provisions for iwi participation.
• Description of how the operator will uphold or consider relevant Treaty settlements.
• How the operator will find and assess any relevant hapū and/or iwi environmental management plans.
• How the operator will employ tikanga Māori when engaging Māori or in its Māori engagement strategy.
• Examples of past engagement with cultural impact assessments including how information provided in them was taken into account.
• Organisational capacity to undertake appropriate engagement such as an experienced engagement manager and/or team.
• Cultural capability of key decision makers in the organisation.

Appropriate regard to the interests of the built environment

Statutory considerations for this are set out in clause 10(3)(b)(ii) or 11(3)(c)(ii) of Schedule 5.

Evidence that the applicant is likely to give proper regard to the interests of the built environment

Note that the definition of built environment in section 3 of the Planning Act includes:

• (a) people and communities
• (b) land and the identified values and characteristics of land
• (c) structures
• (d) infrastructure
• (e) the surface of water.

Examples of what you could include:

• Summary of how the applicant will identify potential adverse effects of the project or operation on the built environment.
• Environmental manuals, policies, plans, protocols to the extent that these address how the application will address effects on the built environment.
• Examples of assessments of environmental effects to the extent that these address how the application will address effects on the built environment.
• Case studies of how the entity has previously given regard to the interests of the built environment.
• Examples of monitoring effects on the built environment and follow up responses if required.
• Industry standards in relation to the built environment.
• Codes of practice in relation to the built environment.
• Compliance history with respect to the built environment.
• Site selection and alternatives assessments.
• Infrastructure coordination arrangements.
• Governance and decision-making frameworks including qualifications required for key decision makers.
• Evidence of organisational capacity to undertake appropriate assessment and management of impacts on the built environment.

(Other infrastructure operator applicants only) Public benefit, size and scale

Statutory considerations for this are set out in clause 11(3), 11(4) and 11(5) of Schedule 5.

Evidence that the project would provide a significant public benefit

This includes:

• extent to which the project benefits the public generally versus a small section of the public
• the economic benefits of the project
• the size and scale of the project.

Examples of what you could include:

• An economic report detailing investment generation, cost savings, job creation and/or other economic benefits of project.
• A cost-benefit analysis of the project if already prepared for another purpose.
• A business case for the project summarising benefits and detailing the beneficiaries.
• Evidence to support or verify the size and scale of the project.
• Examples of comparable infrastructure projects in terms of size or scale that have already been approved as designating authorities.

Declaration and signature

Application authority

• The application should be signed off or accompanied by a letter endorsing the application from a person with suitable authority within the company.

Consideration and decision process

The Ministry for Cities, Environment, Regions and Transport assesses all applications and makes recommendations to the Minister for the Environment.

The Minister makes the decision on whether designating authority will be granted.

When considering the application the Minister must be satisfied:

• Definitions and scope: whether the applicant is a core infrastructure operator or an other infrastructure operator and whether the project or operation is the type of infrastructure for which the Minister can approve that operator as a designating authority.
• Appropriateness: whether approval as a designating authority is appropriate for the project or operation for which approval is sought.
• Capability: whether the applicant is likely to satisfactorily carry out the responsibilities of a designating authority, including financial responsibilities.
• Affected interests: whether the applicant is likely to give proper regard to the interests of persons affected by the exercise of designation powers.
• Built environment: whether the applicant is likely to give proper regard to the interests of the built environment.
• For other infrastructure operators: whether the project would provide a significant public benefit.

The Minister may approve an applicant as a designating authority for a particular project or operation, subject to any conditions set out in the notice, including the requirement to provide a bond.

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.