New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008

1: Title
This Act is the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, and may also be cited as—
a: the New Zealand Geographic Board Act 2008; or
b: Ngā Pou Taunaha o Aotearoa Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and different purposes.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 November 2008 clause 2 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act Commencement Order 2008 Section 2(1) brought into force 1 November 2009 clause 2 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act Commencement Order 2009 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: General matters and key provisions relating to New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa
1: Purpose, interpretation, and other general provisions
3: Purpose
The purposes of this Act are to—
a: provide for—
i: the continuation of the New Zealand Geographic Board as the same body as that established under the New Zealand Geographic Board Act 1946
ii: the membership of the Board, so as to ensure adequate representation on the Board of community and government interests; and
iii: the administration of the Board; and
b: establish the jurisdiction of the Board; and
c: set out the Board’s powers, functions, and duties, in particular providing for the Board to assign, approve, alter, or discontinue the use of official geographic names for geographic features within its jurisdiction, so as to achieve a co-ordinated and standardised approach to official geographic names; and
d: provide effective notification, consultation, and decision-making procedures for naming geographic features; and
e: provide the means for appropriate recognition to be accorded to cultural and heritage values associated with geographic features; and
f: enable certain administrative needs of government (including local government) to be met; and
g: provide for the Board’s role of reviewing proposals to assign official geographic names to Crown protected areas; and
h: ensure the provision of, and public access to, an authoritative record of official geographic names; and
i: repeal the New Zealand Geographic Board Act 1946
4: Interpretation
In this Act, unless the context otherwise requires,— alternative official geographic names Antarctica section 2(1) Board section 7 Crown protected area
a: land or an interest in land held under the Conservation Act 1987 Part 4
b: a government purpose reserve, historic reserve, nature reserve, recreation reserve, scenic reserve, or scientific reserve, as provided for in Part 3
c: a marine reserve, as defined in section 2
d: a national park, as defined in section 2 department district section 5 document section 4 Gazetteer section 13 GEBCO Gazetteer geographic feature feature
a: a natural feature such as a mountain, peak, valley, glen, forest, lagoon, swamp, creek, stream, river, ford, lake, glacier or ice feature, bay, island or harbour (including man-made features of the same type):
b: a railway or railway station, but not a railway feature such as a marshalling yard, transfer site, or track point location:
c: a place:
d: an undersea feature local authority section 5 locality Minister official chart official map official document
a: means a published document created by a public office or by a local authority in the course of business; and
b: includes, in relation to documents published in New Zealand or prepared in New Zealand for publication outside New Zealand (whether or not created by a public office or by a local authority in the course of business),—
i: geographic and scientific publications and manuscripts; and
ii: publications intended for travellers or tourists official geographic name
a: means—
i: the name of a geographic feature assigned, approved, or altered under this Act
ii: the names validated by section 35
b: includes—
i: the name of a Crown protected area reviewed and concurred with by the Board under subpart 3
ii: a name published in the Gazette New Zealand Geographic Board Act 1946
iii: the place names assigned, altered, or discontinued under a Treaty of Waitangi Settlement Act enacted before the commencement of this Act ; and
iv: alternative official geographic names place
a: means a city, town, village, site, area, or similar place; and
b: includes a locality and suburb; but
c: does not include a district, region, or ward of a local authority or a Crown protected area public office section 4 recorded name
a: is not an official geographic name; but
b: appears in at least 2 publications or databases that are—
i: publicly available; and
ii: in the opinion of the Board, authoritative publications or databases region section 5 suburb te reo Māori tikanga Māori undersea feature Guidelines for the Standardization of Undersea Feature Names ward section 5 Section 4 alternative official geographic names inserted 12 December 2012 section 4(1) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name amended 12 December 2012 section 4(2) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name amended 12 December 2012 section 4(3) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012 Section 4 official geographic name inserted 12 December 2012 section 4(3) New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi (Te Tiriti o Waitangi),—
a: section 11(1)﻿(d)
b: section 11(1)﻿(e)
c: clause 1(2)﻿(a)
2: New Zealand Geographic Board: its jurisdiction, powers, functions, and duties
Board
7: Continuation of Board
1: The New Zealand Geographic Board established by section 3
2: The Board is a body corporate with perpetual succession.
3: Schedule 1 Jurisdiction and powers of Board
8: Extent of Board’s jurisdiction
1: The Board has jurisdiction to exercise its powers and to carry out its functions and duties under this Act or any other enactment in relation to geographic features and Crown protected areas within—
a: the territorial limits of New Zealand; and
b: the continental shelf, as defined in section 2(1)
c: the Ross Dependency, as defined in section 7(1)
2: In addition, the Board may exercise its powers and carry out its functions and duties under this Act, as far as they are relevant, in relation to those parts of Antarctica outside the Ross Dependency.
3: However, the Board does not have jurisdiction to assign a name to, or alter the name of, New Zealand.
9: General powers of Board
1: For the purpose of performing its functions and duties, the Board has—
a: full capacity to undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
2: Subsection (1) applies subject to this Act, other enactments, and the general law. Functions of Board
10: Principal functions of Board
1: The principal functions of the Board, in relation to any geographic feature within its jurisdiction, are to—
a: assign an official geographic name:
b: approve a recorded name as an official geographic name:
c: alter an official geographic name or recorded name by—
i: substituting another name; or
ii: correcting the spelling of the name:
d: discontinue the use of an official geographic name or recorded name:
e: investigate and determine the position or extent of the geographic feature in respect of which the Board—
i: assigns an official geographic name:
ii: approves a recorded name:
iii: alters the official geographic name.
2: Any proposal to assign a name to, or alter the name of, a Crown protected area must be reviewed by the Board in accordance with sections 27 to 30
3: This section and section 11 1946 No 3 s 9(1)
11: Other functions of Board
1: In order to carry out its principal functions under section 10
a: adopt policies, rules, standards, protocols, guidelines, or similar instruments for carrying out its functions, including, but not limited to, rules, standards, protocols, or guidelines that it considers appropriate for the spelling and systematic designation of official geographic names:
b: examine cases of doubtful spelling of names and determine the spelling to be adopted on official charts or official maps:
c: investigate and determine the priority of the discovery of any geographic feature:
d: collect original Māori names for recording on official charts and official maps:
e: encourage the use of original Māori names on official charts and official maps:
f: seek advice from Te Taura Whiri i te Reo Māori (the Māori Language Commission) on the correct orthography of any Māori name:
g: undertake research into any proposal to name or alter the name of a geographic feature:
h: undertake other functions necessary to enable it to act effectively under this Act or any other enactment.
2: Without limiting section 260
a: consents to the alteration; or
b: requests the alteration.
3: If the Board carries out the function provided for by subsection (2), the provisions of sections 16 1946 No 3 ss 8(1) 10 Duties of Board
12: Duties of Board
The Board must—
a: administer the Gazetteer as provided for by section 13
b: in consultation with the Minister of Conservation, develop rules, standards, or guidelines for naming Crown protected areas; and
c: make inquiries and recommendations on any matters referred to it by the Minister; and
d: carry out any other functions or duties given to it or required by or under this Act or other enactment. 1946 No 3 s 8(1)﻿(g) Gazetteer
13: Gazetteer to be created by Board
1: The Board must establish and maintain a publicly available record known as the New Zealand Gazetteer of Official Geographic Names.
2: The Gazetteer must record all official geographic names and the relevant Gazette
3: The Gazetteer—
a: must include a record of—
i: the type of geographic feature or Crown protected area that is named; and
ii: the positional reference for the feature or area; and
b: may include—
i: any background information relevant to the history and name of the geographic feature or Crown protected area that is named; and
ii: information on the spatial extent of the geographic feature or Crown protected area that is named. Reporting duty
14: Annual report
1: The Board must report annually to the Minister on the performance of its functions and duties and the exercise of its powers.
2: The report must include a copy of the part of the audited accounts of Land Information New Zealand that relate to the Board’s expenditure for that year.
3: A summary of the annual report of the Board must be included in the annual report of Land Information New Zealand presented to the House of Representatives under section 44 Section 14(3) amended 1 July 2014 section 104 Public Finance Amendment Act 2013
2: Naming of geographic features and Crown protected areas
1: Process for naming geographic features
Proposals
15: Proposals may be submitted to Board
1: Any person may submit a proposal to the Board, in relation to a geographic feature within the Board’s jurisdiction, to—
a: assign an official geographic name to the feature; or
b: alter the existing name of the feature, for example, by—
i: substituting another name; or
ii: correcting the spelling of the name; or
c: discontinue the use of the name of the feature.
2: A proposal must—
a: be in the form provided for the purpose by the Board; and
b: meet the requirements specified by the Board; and
c: include the evidence necessary to support the proposal.
3: In this subpart, proposal subsection (1) Process for approval of proposal
16: Notification of proposal
1: This section and sections 17 to 21
a: submitted to the Board under section 15
b: made by the Board under section 10(1)﻿(a) subpart 2
2: Before the Board assigns, approves, or alters an official geographic name or recorded name, or discontinues the use of an official geographic name or recorded name, the Board must give public notice of the proposal—
a: in the Gazette
b: as soon as practicable after it has been gazetted, at least once—
i: in a newspaper, periodical publication, or other news publication that circulates nationally, or by any other practicable means (including electronic media); and
ii: in a publication that circulates particularly in the area relevant to the proposal.
3: The notices must, in each case, specify—
a: the geographic feature and the name proposed for it; and
b: the date by which submissions must be received by the Board (which must not be sooner than 1 month after the date of the public notice given under subsection (2)﻿(b)); and
c: the manner in which submissions must be given; and
d: the contact details of the Board. 1946 No 3 s 12
17: Submissions
A person making a submission on a proposal—
a: must state, with reasons, whether that person supports or objects to the proposal; and
b: may, if that person objects to the proposal, set out an alternative proposal or support the existing name, if any. 1946 No 3 s 13(1)
18: Board to consider submissions and decide on objections
1: As soon as is reasonably practicable after the closing date for submissions on a proposal, the Board must—
a: consider any submissions; and
b: in relation to any objections, decide whether to uphold those objections or reject them.
2: The Board may obtain any further information necessary to enable it to decide on an objection.
19: Determination by Board
1: The Board must make a determination on a proposal if it—
a: receives no objections on the proposal within the time notified; or
b: receives objections on a proposal and agrees with the objections.
2: The Board may obtain any further information necessary to enable it to determine a proposal.
3: The Board’s determination of a proposal is final. 1946 No 3 ss 13(2) 14
20: Determination by Minister
1: If the Board does not make a determination under section 19(1)
a: a summary of submissions; and
b: its decision on the proposal, together with its reasons for that decision.
2: The Minister, after making any inquiry he or she thinks fit, may determine the proposal by confirming, modifying, or rejecting the decision of the Board.
3: The Minister’s determination on a proposal is final. 1946 No 3 s 13
21: Publication of official geographic names
1: This section applies to determinations other than those that relate to the function of the Board to alter the name of a district or region, as provided for by section 11(2)
2: The Board must give public notice of a determination made under section 19 20
a: in the Gazette
b: as soon as practicable after it has been gazetted, at least once—
i: in a newspaper, periodical publication, or other news publication that circulates nationally, or by any other practicable means (including electronic media); and
ii: if appropriate, in a publication that circulates particularly in the area relevant to the proposal.
3: The notices must, in each case, state—
a: that the name is the official geographic name for the specified geographic feature; and
b: the date when the determination takes effect, which must be—
i: the date of the Gazette
ii: a date specified in the Gazette Gazette 1946 No 3 s 15
22: Alteration of name of local authority
1: This section applies if the Board carries out the function to alter the name of a district or region provided for under section 11(2)
2: Before the Board may give public notice of a determination to alter the name of a district or region, it must request the Minister to recommend to the Governor-General to make an Order in Council under section 260 Schedule 2
3: An Order in Council must specify the date when the amendment takes effect, which must allow the Board sufficient time to give public notice as required by section 23(2)﻿(a)
23: Notification of alteration of name of district or region
1: As soon as is reasonably practicable after the Governor-General has made an Order in Council in accordance with section 22(2)
2: The notice required by subsection (1) must—
a: be given in accordance with section 21(2)
b: state the date on which the determination takes effect, which must be the date stated in the Order in Council made under section 22(2)
2: Exceptions to certain notification requirements
Circumstance where no public objection likely
24: Discretion not to give public notice
1: This section applies if the Board, in carrying out its functions under section 10(1)﻿(b)
2: Without giving public notice under section 16
a: approve a recorded name as the official geographic name for a geographic feature, if there are no known alternative recorded names for that geographic feature:
b: discontinue the use of an official geographic name for a geographic feature.
3: The Board must, as soon as is reasonably practicable, give public notice in accordance with section 21(2) Features outside territorial limits of New Zealand
25: Geographic features outside territorial limits
1: The provisions of sections 16
a: assigning an official geographic name; or
b: altering an official geographic name.
2: However, the Board must—
a: consult with any relevant national and international naming authorities that it considers appropriate; and
b: as soon as is reasonably practicable, give public notice of the official geographic name in accordance with section 21(2)
26: Adoption of existing names for undersea features
1: The Board may review, and, if appropriate, adopt as official geographic names the existing names of undersea features that are within the Board’s jurisdiction, for example, names published in the GEBCO Gazetteer or on official charts or official maps.
2: If the Board exercises its power under subsection (1),—
a: the provisions of sections 16
b: the Board must, as soon as is reasonably practicable, give public notice of the names adopted under subsection (1) in accordance with section 21(2)
3: Review of proposals for naming Crown protected areas
Proposals notified and consulted on under another enactment
27: Process for review
1: This section applies if a proposal relating to a Crown protected area—
a: includes a proposal for naming that area; and
b: is made under an enactment that provides a power to assign a name to, or alter the name of, the Crown protected area, whether or not there is a requirement in that enactment for public notice of, and consultation on, the proposed name.
2: The person who makes the proposal must—
a: first comply with any requirements of the enactment in relation to the proposed name; and
b: then refer the proposed name, with supporting documentation, to the Board for review under subsection (3)
3: The Board must review a proposed name in accordance with the policies, rules, standards, or guidelines developed under section 12(b)
28: Process if Board concurs
1: If the Board concurs with a proposed name it reviews under section 27(3) Gazette
a: need not give notice of the name in the Gazette section 21(2)﻿(a)
b: must give notice of the name in accordance with section 21(2)﻿(b)
2: However, if the relevant enactment does not provide for public notice of the name to be given or for the name to be included in a Gazette section 21(2)
29: Process if Board does not concur
1: Despite the requirements of any other enactment, if the Board does not concur with a proposed name reviewed under section 27(3)
2: As soon as is reasonably practicable,—
a: the Minister of Conservation must advise the Board of that determination; and
b: the Board must give public notice of that determination in accordance with section 21(2) Proposals not notified and consulted on under another enactment
30: Process for review if public notice not given
1: This section applies to a proposal to assign a name to, or alter the name of, a Crown protected area if—
a: there is no statutory requirement for public notice and consultation in relation to a proposed name; and
b: the person making the proposal has not otherwise given public notice and undertaken consultation on the proposed name.
2: The person who makes the proposal must refer the proposed name to the Board.
3: The Board must—
a: give public notice in accordance with section 16
b: receive any submissions made in accordance with section 17
c: forward any submissions to the person making the proposal.
4: The person who makes the proposal must—
a: consider any submissions and decide whether to proceed, either with the original proposed name or with a different name; and
b: if that person decides to proceed, refer the proposed name, with supporting documentation, to the Board for review in accordance with section 27(3) Status of names of Crown protected areas
31: Names of Crown protected areas
A name assigned to, or altered for, a Crown protected area in accordance with this subpart is the official geographic name of that area. Requirement to notify Board if name discontinued Heading inserted 12 December 2012 section 5 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
31A: Requirement to notify Board if name of Crown protected area discontinued
1: The Minister of Conservation must, as soon as is reasonably practicable, notify the Board if the name assigned to a Crown protected area in accordance with this subpart is discontinued—
a: because the area—
i: has ceased to be a Crown protected area; or
ii: has been included in another Crown protected area; or
b: for any other reason.
2: On receipt of notification under subsection (1), the Board must remove the name of the Crown protected area from the list of official geographic names in the Gazetteer. Section 31A inserted 12 December 2012 section 5 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
3: Miscellaneous provisions
Use of official geographic names
32: Official geographic names must be used
1: If there is an official geographic name for a geographic feature or Crown protected area, that name must be used in all official documents.
1A: If 2 or more alternative official geographic names exist for the same geographic feature or Crown protected area, the use of any 1 of those names, or all of those names, is sufficient to comply with subsection (1).
2: However, subsection (1) does not apply if an official document containing a name other than an official geographic name states that the particular name is not the official geographic name of the geographic feature or Crown protected area to which it applies. 1946 No 3 s 18(1) Section 32(1A) inserted 12 December 2012 section 6 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Amendment Act 2012
33: Injunction may be granted by Court
1: The High Court may, on the application of the Board, grant an injunction to prevent a person from publishing a name in an official document in breach of section 32
2: The High Court may rescind or vary an injunction granted under this section.
3: If the Board applies to the High Court for the grant of an interim injunction, the Court must not,—
a: as a condition of granting an interim injunction, require the Board to give an undertaking as to damages; or
b: take into account the fact that the Board is not required to give an undertaking as to damages. Savings
34: Rights of local authorities not affected
If the Board exercises any of its functions in relation to the naming of a geographic feature under this Act,—
a: the rights and obligations of a local authority in respect of the geographic feature are not affected; and
b: legal proceedings—
i: are not invalidated solely because of the exercise of the function; and
ii: may be continued or commenced under the official geographic name approved, assigned, or altered under this Act. 1946 No 3 s 16
35: Validation of certain names
1: In relation to actions taken before the commencement of this Act, this section applies to every name—
a: that the Board has assigned to, or altered for, a geographic feature in Antarctica, whether or not that name has been gazetted; and
b: assigned to, or altered for, a Crown protected area under an enactment, whether or not the proposed name—
i: was publicly notified and consulted on; or
ii: gazetted under, or included in, the enactment.
2: The names referred to in subsection (1) are official geographic names and as valid as if they had been assigned or altered in accordance with this Act.
3: The Board must, as soon as is reasonably practicable after the commencement of this Act, publish in the Gazette 1946 No 3 s 17 Proof of status as official geographic name
36: Publication in
Gazette A copy of a Gazette 1946 No 3 s 15(3) Repeal and amendments
37: Repeal
The New Zealand Geographic Board Act 1946 OIC SR 2008/301 2008-11-01 New Zealand Geographic Board Act 1946
38: Consequential amendments
The Acts specified in Schedule 2 OIC SR 2008/301 2008-11-01 Conservation Act 1987 Local Government Act 2002 Marine Reserves Act 1971 National Parks Act 1980 Ngai Tahu Claims Settlement Act 1998 Official Information Act 1982 Ombudsmen Act 1975 Reserves Act 1977