The Resource Management Act 1991 allows for areas of land to be designated for public use, for things like roads, telecommunications facilities and schools.

Once land is ‘designated’ in the district plan, this also provides the land use authorisations needed for that work under the Resource Management Act 1991. If a Crown authority wants land designated for a particular purpose, it must submit a Notice of Requirement for a new designation to the local authority. This is similar to applying for resource consent.

Because Te Ahu a Turanga highway involves building a new road in a new location, a designation was needed to secure RMA approvals and to provide certainty as to where the new road was needed.

In May 2019 a hearing panel with representatives from Palmerston North City Council, Tararua District Council and Manawatū District Council recommended the Notice of Requirement with modifications following the outcome of the submissions and hearings process.

Waka Kotahi NZ Transport Agency confirmed the requirements with some changes in June 2019, but this was the appealed to the Environment Court by the Department of Conservation, the Queen Elizabeth II Trust and private land owners who ultimately withdrew their appeals. The Environment Court confirmed the notices of requirement for a new designation on 27 March 2020.

Here are the documents that make up the Notice of Requirement consent application:

Waka Kotahi NZ Transport Agency decision – Notice of Requirement (NoR)

Decision of Waka Kotahi in relation to the Notices of Requirement relating to Te Ahu a Turanga: Manawatū Tararua Highway Project.

Title Date
Notice of Requirement (NoR) – notice of decision [PDF, 988 KB] June 2019
Notice of Requirement (NoR) – conditions [PDF, 506 KB] June 2019

Waka Kotahi NZ Transport Agency evidence – Notice of Requirement (NoR)

Item # Title
1 Evidence of Sarah Downs – Portfolio manager system design developing regions [PDF, 3.9 MB]
2 Evidence of Andrew Whaley – Project design [PDF, 1.6 MB]
3 Evidence of Scott Wickman – Alternatives [PDF, 2.1 MB]
4 Evidence of Lonnie Dalzell – Project management [PDF, 15 MB]
5 Evidence of Jonathan Kennett – Walking and cycling [PDF, 606 KB]
6 Evidence of David Dunlop – Transport [PDF, 856 KB]
7 Evidence of Amelia Linzey – Social impact assessment [PDF, 1.1 MB]
8 Evidence of Dr Stephen Chiles – Noise and vibration [PDF, 546 KB]
9 Evidence of Chris Bentley – Cultural and environmental design framework [PDF, 14 MB]
10 Evidence of Boyden Evans – Landscape, natural character and visual effects [PDF, 807 KB]
11 Evidence of Dr Adam Forbes – Terrestrial ecology [PDF, 2.5 MB]
12 Evidence of Andrew Blayney – Terrestrial fauna [PDF, 655 KB]
13 Evidence of Kieran Miller – Freshwater ecology [PDF, 555 KB]
14 Evidence of Dr Rodney Clough – Historic heritage and archaeology [PDF, 578 KB]
15 Evidence of David Horne – Effects on AgResearch Ballantrae site [PDF, 5.1 MB]
16 Evidence of Jeffrey Morton – Effects on AgResearch Ballantrae site [PDF, 1.1 MB]
17 Evidence of Ainsley McLeod – Planning and conditions [PDF, 2 MB]
18 Rangitāne o Tamaki Nui a Rua – Evidence of Manahi Paewai [PDF, 4.5 MB]
19 Ngāti Hineaute Hapū Authority and Rangitāne o Manawatū Settlement Trust – Evidence of Chris Whaiapu [PDF, 626 KB]
20 Rangitāne o Manawatū – Evidence of Jonathan Procter [PDF, 648 KB]
21 Rangitāne o Manawatū – Evidence of Siobhan Lynch-Karaitiana [PDF, 493 KB]
22 Memorandum of Counsel on behalf of the NZ Transport Agency – 8 March 2019 [PDF, 152 KB]
23 Memorandum of Counsel on behalf of the NZ Transport Agency – Witness identification – 11 March 2019 [PDF, 239 KB]
24 Memorandum of Counsel on behalf of NZ Transport Agency – 14 March 2019 [PDF, 114 KB]
25 Memorandum of Counsel on behalf of NZ Transport Agency and attachments 1 to 3–20 March 2019
26 Ngāti Kahungunu Ki Tāmaki Nui a Rua Trust And Ngāti Raukawa – Evidence of Gregory Carlyon [PDF, 359 KB]
27 Ngāti Kahungunu Ki Tāmaki Nui a Rua Trust – Evidence of James Kendrick [PDF, 159 KB]
28 Ngāti Raukawa – Evidence of Jessica Kereama [PDF, 221 KB]
29 Ngāti Raukawa – Evidence of Justin Tamihana [PDF, 114 KB]
30 Ngāti Kahungunu Ki Tāmaki Nui a Rua – Evidence of Maurice Black [PDF, 244 KB]
31 Opening legal submissions – 20 March 2019 [PDF, 507 KB]
32 Case 1 – NZ Transport Agency v Architectural Centre Inc [2015] NZHC 1991 [PDF, 816 KB]
33 Case 2 – Queenstown Airport Corp Ltd v Queenstown Lakes District Council [2013] NZHC 2347 [PDF, 899 KB]
34 Case 3 – Handley v South Taranaki District Council [2018] NZEnvC 107 [PDF, 4.9 MB]

More information on the Palmerston North City Council website(external link)

Pre-hearing meetings report

Title Date
Pre-hearing meetings report [PDF, 201 KB] March 2019
Letter to submitters [PDF, 2.1 MB] February 2019

NoR for designations

Lodged 2 November 2018

Title
  Executive summary [PDF, 835 KB]
Volume 1 Resource Management Act (RMA) forms [PDF, 372 KB]
Volume 2 Assessment of effects on the environment (main document) [PDF, 7.1 MB]
Appendix 1. Relevant statutory provisions [PDF, 1.2 MB]
Appendix 2. Preliminary environmental and cultural design framework [PDF, 11 MB]
Appendix 3. Road design philosophy statement [PDF, 2.6 MB]
Appendix 4. Bridge and retaining wall design philosophy report [PDF, 1.5 MB]
Volume 3 Technical assessments (full volume) [PDF, 76 MB] [note: large file]
1. Transport [PDF, 4.4 MB]
2. Noise and vibration [PDF, 1.3 MB]
3. Social [PDF, 1.2 MB]
4. Landscape, natural character and visual [PDF, 5.4 MB]
5. Historic heritage and archaeology [PDF, 7.6 MB]
6. Terrestrial ecology [PDF, 30 MB]
7. Te Ahu a Turanga [PDF, 7.3 MB]
8. Statement of Kahungunu ki Tāmaki Nui-a-Rua Trust [PDF, 726 KB]
9. Te Manawaroatanga [PDF, 1.1 MB]
Volume 4 Drawings and plans [PDF, 30 MB]