Designation
A provision in the district plan that reserves land for a public work or infrastructure project by a requiring authority such as a council or government agency.
What is a Designation?
A designation is a tool under the Resource Management Act 1991 that allows a requiring authority — such as a council, the New Zealand Transport Agency (NZTA), or a network utility operator — to reserve land for a specific public purpose. Common designations include future roads, schools, parks, wastewater infrastructure, and electricity transmission corridors.
When land is designated, the requiring authority gains the right to carry out the designated work on that land, and the landowner cannot do anything on the land that would prevent or hinder the designated purpose without the requiring authority's written consent.
Designations are shown on the district plan maps and referenced in the LIM report. They can affect all or part of a property. In some cases, the designation may be for future work that has no set timeline — meaning land can sit under a designation for years or even decades.
If a designation affects your property, you have the right to ask the requiring authority to acquire your land (known as a 'reverse compulsory acquisition'). However, this is typically only exercised when the designation substantially affects the use of the property.
Why It Matters for Due Diligence
Designations can have a major impact on property values and what you can do with the land. A designation for a future motorway across your backyard, for example, could prevent you from building and make the property very difficult to sell.
Always check the LIM report and district plan maps for designations. If a designation exists, find out the purpose, the requiring authority, and whether there are any plans to give effect to it. Your lawyer should review any designation carefully.
How to Check
Designations are shown on the district plan planning maps (available online from your council) and listed in the LIM report. You can contact the requiring authority directly to find out the status and timeline for the designated work.
Your lawyer should identify any designations as part of their title and LIM review.
Frequently Asked Questions
Can I build on designated land?
You need the written consent of the requiring authority to do anything that would prevent or hinder the designated purpose. In practice, some requiring authorities will consent to building work if it doesn't affect their future plans, but there's no guarantee.
Can I make the requiring authority buy my land?
Yes. Under the Public Works Act 1981, if a designation renders your property incapable of reasonable use, you can serve notice requiring the authority to acquire it. This is a legal right, though the process can be complex.
Related Terms
District Plan
GlossaryThe local council's rulebook that sets out how land in the district can be used, developed, and subdivided.
LIM Report
GlossaryA Land Information Memorandum — an official council report summarising everything the council knows about a property.
Zoning
GlossaryCouncil rules that classify land into zones and control what activities and types of buildings are allowed in each area.
Resource Consent
GlossaryPermission from the local council to carry out an activity that affects the environment, required under the Resource Management Act 1991.
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
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