Designations are provisions made in the District Plan for public works or for projects or works of requiring authorities. A requiring authority is a Minister of the Crown, a local authority or an approved network utility operator and includes Westland District Council. The requiring authority must serve a notice of requirement on the Council with the appropriate information. The Council will consider the proposal and make a recommendation to the Minister or network utility operator. The Council will consider the environmental effects of the proposal, including effects on historic places. Once confirmed, the Council must identify the land to be designated and state the purpose for which the land is to be used without further formality. Designated lands are identified on the Planning Maps and Appendix B.
Where a designation is included in the District Plan, then, notwithstanding anything contrary in the Plan and regardless of any resource consent (but subject to Sections 9(3) and 11 to 15 of the Act):
(a) The requiring authority responsible for the designation may do anything that is in accordance with the designation and
(b) No person may, without the prior written consent of that requiring authority, do anything in relation to the land that is the subject of the designation that would prevent or hinder the work.
2.4.2 State Highway Designations
The "State Highway Purposes" designation provides for Transit NZ, either itself or through agents, to control, manage and improve the state highway network. Two sections of State Highway 6 have been declared "Limited Access Roads" under the Transit NZ Act 1989. The two sections are Taramakau River to Richards Drive, Hokitika, and Weld St Hokitika to Ruatapu. The objective of this control is to protect and maintain the safety and high level of traffic service on these important routes which may otherwise be adversely affected by subdivision and traffic generating activities. The effect is to prevent the proliferation of new access points and to reduce the number of accesses and volumes of traffic using them.
State Highway 6 runs through Mount Aspiring National Park and Westland National Park/Tai Poutini National Park, and State Highway 73 through Arthurs Pass National Park. The existing state highways are not part of the national park. As such they are designated in the Westland District Plan as part of the existing state highway network.
If a proposed work encroaches onto national park land, the appropriate statutory approval for land use is via a Section 55 application under the National Parks Act 1980. The Minister of Conservation may, in accordance with the management plan policies for the national park in question, grant approval for the construction of roads over or through the park. Where required, appropriate resource consents must also be applied. In Westland District, one Section 55 consent has been granted for proposed works associated with the Otira viaduct and its approaches. The consent gives statutory approval for the design and construction to proceed subject to conditions.
2.4.3 Heritage Orders
Heritage orders have the effect of protecting places or areas of special interest, character, intrinsic or amenity value or visual appeal, or of significance to tangata whenua. The use of land in the area subject to the order may be restricted in a manner that ensures the effect of the heritage order is not wholly or partly nullified.
Land which is the subject of heritage orders in Westland District will be identified in the Plan.