Heritage New Zealand Pouhere Taonga Act 2014

1: Title
This Act is the Heritage New Zealand Pouhere Taonga Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand.
4: Principles
All persons performing functions and exercising powers under this Act must recognise—
a: the principle that historic places have lasting value in their own right and provide evidence of the origins of New Zealand's distinct society; and
b: the principle that the identification, protection, preservation, and conservation of New Zealand's historical and cultural heritage should—
i: take account of all relevant cultural values, knowledge, and disciplines; and
ii: take account of material of cultural heritage value and involve the least possible alteration or loss of it; and
iii: safeguard the options of present and future generations; and
iv: be fully researched, documented, and recorded, where culturally appropriate; and
c: the principle that there is value in central government agencies, local authorities, corporations, societies, tangata whenua, and individuals working collaboratively in respect of New Zealand's historical and cultural heritage; and
d: the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tūpuna, wāhi tapu, and other taonga.
5: What this Act does
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of the Act.
2: This Act—
a: repeals the Historic Places Act 1993
b: continues the body known as the New Zealand Historic Places Trust (Pouhere Taonga) under the name Heritage New Zealand Pouhere Taonga; and
c: continues the Māori Heritage Council; and
d: continues to provide for heritage covenants; and
e: continues to prohibit the modification or destruction of an archaeological site unless an authority for the modification or destruction is obtained from Heritage New Zealand Pouhere Taonga under this Act; and
f: provides for an appropriate response about heritage matters in the event of a national or local emergency being declared , or notice of a national or local transition period being given, under the Civil Defence Emergency Management Act 2002
g: continues the system for a list (formerly the Register), to be known as the New Zealand Heritage List/Rārangi Kōrero, comprising historic places, historic areas, wāhi tapu, and wāhi tapu areas, and also to include wāhi tūpuna, as a means for recognising heritage values; and
h: provides for the establishment and maintenance of a list to be known as the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu; and
i: includes sanctions for breaches of this Act; and
j: sets out certain administrative and transitional matters, including the dissolution of branch committees. Section 5(2)﻿(f) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016
6: Interpretation
In this Act, unless the context otherwise requires,— archaeological site section 42(3)
a: any place in New Zealand, including any building or structure (or part of a building or structure), that—
i: was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and
ii: provides or may provide, through investigation by archaeological methods, evidence relating to the history of New Zealand; and
b: includes a site for which a declaration is made under section 43(1) authority section 48 56 62 Board building chief executive common marine and coastal area section 9(1) conservation contact details
a: in relation to an individual, the full street address where the individual usually lives or where that individual can be contacted; and
b: in relation to a body corporate or unincorporate, the full street address of the body's place of business or head office; and
c: in every case, an email address or a telephone number customary marine title section 9(1) customary marine title area section 9(1) department emergency authority subpart 3 Environment Court section 2(1) exploratory investigation financial year Heritage New Zealand Pouhere Taonga section 9 heritage order section 187 heritage protection authority section 187 historic area
a: contains an inter-related group of historic places; and
b: forms part of the historical and cultural heritage of New Zealand; and
c: lies within the territorial limits of New Zealand historic place
a: means any of the following that forms a part of the historical and cultural heritage of New Zealand and that lies within the territorial limits of New Zealand:
i: land, including an archaeological site or part of an archaeological site:
ii: a building or structure (or part of a building or structure):
iii: any combination of land, buildings, structures, or associated buildings or structures (or parts of buildings, structures, or associated buildings or structures); and
b: includes any thing that is in or fixed to land described in paragraph (a) land
a: land covered by water; and
b: the airspace above land local authority section 5(1) Māori Heritage Council Council section 26 Māori land section 4 Minister modify National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu Landmarks list section 81 New Zealand Heritage List/Rārangi Kōrero section 65 notice section 104 occupier owner
a: the owner of the fee simple estate in the relevant land; or
b: if there is no title to the land,—
i: the person in whom the land is vested; or
ii: the person who has responsibility under any enactment for the land person planning document section 9(1) protected customary right section 9(1) public notice
a: in 1 or more newspapers circulating in the area where the relevant historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; or
b: on an Internet site that is maintained by Heritage New Zealand Pouhere Taonga and to which the public has free access recorded regional council section 5(1) registered interest
a: means an estate or interest in land registered under the Land Transfer Act 2017
b: includes a mortgage or charge registered under that Act scientific investigation site of interest to Māori statutory acknowledgement Schedule 11 structure
a: means a thing made by people, whether movable or not, and fixed to the land; and
b: includes equipment or machinery tangata whenua territorial authority section 5(1) wāhi tapu wāhi tapu area wāhi tūpuna
a: wāhi tīpuna:
b: wāhi tupuna:
c: wāhi tipuna working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day:
b: if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:
c: a day in the period commencing with 20 December in any year and ending with 10 January in the following year. Section 6 registered interest amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
7: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown's responsibility to give effect to the Treaty of Waitangi (Te Tiriti o Waitangi), this Act provides,—
a: in section 10
b: in sections 13 14
i: has functions that relate to wāhi tūpuna, wāhi tapu, and wāhi tapu areas; and
ii: has the powers to carry out those functions, including the power to be a heritage protection authority under Part 8
c: in section 22 section 26
d: in sections 27 28
e: in section 39
f: in sections 46 49 51 56 57 62 64 67
g: in sections 66 68 69 70 72 78
h: in section 74 Part 4
i: in sections 75 82 section 82
8: Act binds the Crown
This Act binds the Crown.
2: Heritage New Zealand Pouhere Taonga and Māori Heritage Council
1: Heritage New Zealand Pouhere Taonga
Establishment of governance body
9: Heritage New Zealand Pouhere Taonga
1: This section establishes Heritage New Zealand Pouhere Taonga.
2: Heritage New Zealand Pouhere Taonga is the same body corporate as the New Zealand Historic Places Trust (Pouhere Taonga) continued under section 38(1)
3: Heritage New Zealand Pouhere Taonga is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004
10: Governing body of Heritage New Zealand Pouhere Taonga
1: The governing body of Heritage New Zealand Pouhere Taonga is the Board, which comprises 8 persons appointed by the Minister, 1 of whom is to be appointed as the chairperson of the Board.
2: The persons appointed must, collectively, have the appropriate skills, knowledge, or cultural background to assist Heritage New Zealand Pouhere Taonga to perform its functions.
3: At least 3 persons must be appointed who, in the opinion of the Minister (after consulting the Minister of Māori Affairs), are qualified for appointment having regard to their knowledge of te ao Māori (Māori world view) and tikanga Māori (Māori protocol and culture).
4: The appointments must be made in accordance with the Crown Entities Act 2004
11: Power of Minister to appoint special adviser to Board
1: The Minister may appoint the chief executive as a special adviser to the Board.
2: The purpose of the appointment is to facilitate the exchange of information between the Minister and the Board on matters of Government policy relevant to the Board in performing its functions and exercising its powers under this Act.
3: The special adviser must not give directions or seek to influence decisions of the Board.
12: Status of special adviser
1: The special adviser appointed under section 11
2: The special adviser may also attend meetings of any committees of the Board, but is not a member of a committee.
3: For the purposes of subsections (1) and (2)
a: reasonable notice of the time and place of every meeting of the Board and of its committees; and
b: any written material or documents that relate to matters to be considered at a meeting.
4: The notices and material or documents required by subsection (3)
a: in the case of meetings of the Board, by the chairperson or deputy chairperson (if there is one), or the member or members calling the meeting; and
b: in the case of meetings of a committee, by the member or members calling the meeting. Functions and powers
13: Functions of Heritage New Zealand Pouhere Taonga
1: In order to achieve the purpose of this Act, the functions of Heritage New Zealand Pouhere Taonga are—
a: to identify, record, investigate, assess, list, protect, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas or enter such places and areas on the New Zealand Heritage List/Rārangi Kōrero, or to assist in doing those things, keeping permanent records of that work, and providing support for persons with a legal or equitable interest in such places and areas:
b: to continue and maintain the New Zealand Heritage List/Rārangi Kōrero:
c: to advocate the conservation and protection of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:
d: to foster public interest and involvement in historic places and historic areas and in identifying, recording, investigating, assessing, protecting, and conserving them, maintaining the New Zealand Heritage List/Rārangi Kōrero, and entering such places on that list:
e: to issue authorities in accordance with this Act:
f: to manage, administer, and control historic places, buildings, and other property owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it to ensure their protection, preservation, and conservation:
g: in the event of a national or local emergency or a national or local transition period (under the Civil Defence Emergency Management Act 2002
h: to establish and maintain a list of places of outstanding national heritage value, to be called the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu:
i: to act as a heritage protection authority under Part 8
i: the whole or part of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area; and
ii: land surrounding the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is reasonably necessary to ensure the protection and reasonable enjoyment of the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.
2: In performing its function under subsection (1)﻿(c)
3: The Minister must not give directions to Heritage New Zealand Pouhere Taonga that concern heritage matters relating to particular historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas.
4: However, subsection (3) subpart 2 Section 13(1)﻿(g) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016
14: Powers of Heritage New Zealand Pouhere Taonga
1: Heritage New Zealand Pouhere Taonga has the powers necessary to—
a: advocate its interests at any public forum or in any planning process in which it has standing under an Act:
b: identify, record, investigate, assess, protect, enter on the New Zealand Heritage List/Rārangi Kōrero, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas, or assist any person or organisation to do 1 or more of those things:
c: acquire, restore, conserve, and manage historic places and historic areas, or assist any person or organisation to do 1 or more of those things:
d: assist any person or organisation to acquire, restore, conserve, or manage any wāhi tūpuna, wāhi tapu, or wāhi tapu area:
e: erect suitable signs and notices on historic places and historic areas, subject to the consent of the owner first being obtained, in the case of any historic place or historic area not owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it:
f: enter into agreements with local authorities, corporations, societies, individuals, or other controlling bodies for the management, maintenance, and preservation of any historic place or historic area or, where appropriate, wāhi tūpuna, wāhi tapu, or wāhi tapu area:
g: in relation to any land or buildings owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it, make them accessible to the public, charge fees for admission, lease or let them, or use them for any suitable purpose:
h: promote or supervise the investigation of a historic place or historic area or, where appropriate, of a wāhi tūpuna, wāhi tapu, or wāhi tapu area:
i: provide information relating to a historic place or historic area or, where appropriate, to a wāhi tūpuna, wāhi tapu, or wāhi tapu area:
j: charge for services provided by Heritage New Zealand Pouhere Taonga under this Act, including—
i: processing applications received by Heritage New Zealand Pouhere Taonga:
ii: carrying out investigations:
iii: producing, acquiring, and marketing products:
iv: providing information:
k: in accordance with any regulations made under section 99 paragraph (j)﻿(i) and (ii)
l: take appropriate enforcement or restraining action under subpart 1
m: carry out the functions and perform the duties conferred or imposed on it by this Act or under any other enactment.
2: In exercising its power under subsection (1)﻿(a)
3: Nothing in this Act requires Heritage New Zealand Pouhere Taonga to negotiate or agree with any person to acquire any land or interest in land.
4: No interest in land may be regarded as having been taken or injuriously affected and no compensation is payable by reason only of any provision of this Act.
15: Rights of entry onto land
1: Any employee of, or person authorised by, Heritage New Zealand Pouhere Taonga may enter onto any land, with any assistance reasonably necessary (such as persons, vehicles, machinery, or equipment), for the purposes of—
a: carrying out an investigation under section 57
b: obtaining information as to the significance of an archaeological site so as to decide whether to impose a condition on an authority under section 52
c: locating, recording, or inspecting any historic place for the purposes of Part 3 Part 4
2: The owner, occupier, or applicant must not obstruct any investigation, locating, recording, or inspection of, or the obtaining of information about, a historic place undertaken under subsection (1)
3: If an application is granted under section 48(1) section 52
4: The power conferred by subsections (1) and (3) includes a power to locate, record, or inspect any historic place and to do everything reasonably necessary for the exercise of that power, including affixing any pegs, marks, or poles to the place or taking samples of materials associated with the place.
5: The power to enter onto land conferred by subsection (1) or (3)
a: entry onto the land must be made only by an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga in writing:
b: reasonable notice of the intention to enter must be given:
c: entry may only be made at reasonable times:
d: the person entering must carry and produce evidence of his or her authority and identity on initial entry (and subsequently if required):
e: if the owner or occupier is not present at the time of entry, the person exercising the power of entry must leave advice of the entry in a place where it can easily be seen by the owner or occupier.
6: This section does not authorise an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga to enter any dwelling, except on the authority of a warrant issued by a District Court Judge.
7: If the Judge is satisfied on oath that it is reasonably necessary that the dwelling be entered, the Judge may issue a warrant to the employee of Heritage New Zealand Pouhere Taonga or a person authorised for the purpose by Heritage New Zealand Pouhere Taonga.
8: A warrant issued under subsection (7)
9: In this section, applicant section 44 56 61 General policy requirements
16: Statements of general policy
1: As soon as is reasonably practicable after the commencement of this Act, Heritage New Zealand Pouhere Taonga must confirm the statements of general policy adopted by the New Zealand Historic Places Trust under section 57
2: Not later than 18 months after the commencement of this Act, Heritage New Zealand Pouhere Taonga must consult on and adopt 1 or more statements of general policy for each of the matters listed in section 17(1)﻿(b)
3: In the case of the requirement under subsection (1)
a: by resolution adopt the statements as the general policy statements of Heritage New Zealand Pouhere Taonga and must comply with section 17(4)
b: propose any amendments that it considers necessary or desirable to any part of a statement, in compliance with the provisions of section 17
4: In the case of a statement of general policy required under subsection (2) section 17
5: In this section and section 17 historic place
17: Procedures for adopting policy statements
1: A statement of general policy prepared by Heritage New Zealand Pouhere Taonga after the commencement of this Act must—
a: be prepared in draft form; and
b: state the general policy—
i: for the administration of archaeological sites under subparts 2 3 subpart 2
ii: for the historic places owned or controlled by, or vested in, Heritage New Zealand Pouhere Taonga; and
iii: for the administration of the New Zealand Heritage List/Rārangi Kōrero; and
iv: for the administration of the Landmarks list; and
v: for the statutory role of advocacy conferred on Heritage New Zealand Pouhere Taonga by section 13(1)﻿(c) section 27(1)﻿(i)
2: Before adopting a statement, Heritage New Zealand Pouhere Taonga must—
a: give public notice of the availability of the draft statement for public inspection; and
b: invite persons and organisations to lodge written comments on the draft statement with Heritage New Zealand Pouhere Taonga before a date specified in the public notice, which must not be less than 40 working days after the date of publication of the notice; and
c: make the draft statement available for public inspection free of charge during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices and on its Internet site; and
d: submit the draft statement to the Minister.
3: Heritage New Zealand Pouhere Taonga must consider any comments received and review the draft statement before adopting it as a statement of general policy.
4: A statement must, while it is current, be available for public inspection free of charge during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices and on its Internet site.
5: Each statement of general policy adopted by Heritage New Zealand Pouhere Taonga must be reviewed by Heritage New Zealand Pouhere Taonga not later than 10 years after its adoption, in accordance with subsections (1) to (4)
18: Amendments to general policy statements
1: Heritage New Zealand Pouhere Taonga may amend a statement of general policy adopted under section 17
2: If a statement of general policy is amended, section 17(2) and (3)
19: Conservation plans
1: Heritage New Zealand Pouhere Taonga may, if it considers it appropriate to do so, adopt a conservation plan for any historic place owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it.
2: Sections 17 18
20: Duty to act consistently with general policy and plans
1: Heritage New Zealand Pouhere Taonga must not act inconsistently with a statement of general policy adopted under section 17 section 19
2: No person may require Heritage New Zealand Pouhere Taonga to implement a statement of general policy or a conservation plan.
3: Failure by Heritage New Zealand Pouhere Taonga to comply with a statement of general policy or a conservation plan does not affect the validity or enforceability of a deed, contract, agreement, right, authority, or obligation entered into, obtained, granted, or incurred by Heritage New Zealand Pouhere Taonga.
4: In this section, a reference to Heritage New Zealand Pouhere Taonga includes the Māori Heritage Council. Procedural matters for Heritage New Zealand Pouhere Taonga
21: Delegations
Despite section 73
a: enter into a heritage covenant under section 39
b: declare an archaeological site under section 43(1)
c: grant an authority under section 48
d: confirm entries on the New Zealand Heritage List/Rārangi Kōrero under section 73(1)﻿(a)
e: vary an entry on, or remove an entry from, the New Zealand Heritage List/Rārangi Kōrero under section 78
f: acquire or dispose of real property:
g: borrow money:
h: adopt any statement of general policy under section 17
i: adopt a conservation plan under section 19
j: give notice to a territorial authority of a requirement for a heritage order under Part 8
i: the chairperson:
ii: 1 Board member:
iii: the chief executive of Heritage New Zealand Pouhere Taonga.
22: Delegations to Māori Heritage Council
1: The Board may, in writing, delegate to the Council any of its functions and powers other than those set out in section 21
2: Clause 14(1)﻿(b) subsection (1)
3: Subject to any general or special directions given by the Board, the Council may carry out the functions and exercise the powers delegated under subsection (1)
4: The Council may delegate a function or power delegated under this section, but only—
a: with the prior written consent of the Board; and
b: subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
5: If the Council purports to act in accordance with a delegation under this section, the Council—
a: is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation; and
b: must, if reasonably requested to do so, produce evidence of its authority to act in accordance with the delegation.
6: A delegation under this section is revocable at will and does not prevent the Board from carrying out a function or exercising a power.
23: Rules
The Board may, by resolution, make rules that are not incompatible with this Act or the Crown Entities Act 2004
a: regulating the proceedings of the Board and the Council:
b: providing for the custody of the property of Heritage New Zealand Pouhere Taonga and the use of its common seal:
c: other purposes that Heritage New Zealand Pouhere Taonga considers necessary or expedient for properly carrying out its functions and exercising its powers, including in relation to the Council. Names protected
24: Protection of names
1: No body may be incorporated or registered under any other enactment or in any other manner under any of the following names:
a: Heritage New Zealand Pouhere Taonga, Heritage NZ, or Heritage New Zealand:
b: Historic Places Trust, New Zealand Historic Places Trust, NZHPT, or New Zealand Historic Places Trust (Pouhere Taonga):
c: Pouhere Taonga:
d: Māori Heritage Council:
e: any other name that so resembles a name listed in this subsection as to be likely to mislead a person.
2: No person or body other than Heritage New Zealand Pouhere Taonga may, either alone or with another person or body, operate or carry on activities under a name listed or described in subsection (1)
3: Subsections (1) and (2) subsection (1)﻿(a) to (e) Taxation
25: Exemption from taxation
The income of Heritage New Zealand Pouhere Taonga is exempt from income tax.
2: Māori Heritage Council
26: Māori Heritage Council continued
1: This section continues the Māori Heritage Council established by section 84
2: The Council consists of 8 persons appointed by the Minister as follows:
a: 4 members of the Board, at least 3 of whom must be persons appointed under section 10(3)
b: 4 persons appointed by the Minister, after consultation with the Minister of Māori Affairs and the Board, who—
i: are Māori; and
ii: collectively have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council.
3: The Minister must, after consultation with the Minister of Māori Affairs, appoint a member of the Council to be the chairperson of the Council.
4: The chairperson of the Council, if that person is not also a member of the Board, is entitled—
a: to attend and speak at meetings of the Board, but is not entitled to vote; and
b: to receive notice in writing of—
i: every meeting of the Board; and
ii: the business to be transacted at each meeting.
5: A member of the Council—
a: holds office for a term of not more than 3 years; and
b: may be reappointed; and
c: continues in office until that person's successor comes into office, unless the member—
i: vacates or is removed from office; or
ii: ceases to be a member of the Board, in the case of a member appointed under subsection (2)﻿(a) Functions and powers
27: Functions of Māori Heritage Council
1: The Council has the following functions:
a: to ensure that, in the protection of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and other historic places and historic areas of interest to Māori, Heritage New Zealand Pouhere Taonga meets the needs of Māori in a culturally sensitive manner:
b: to develop Māori programmes for the identification and conservation of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and historic places and historic areas of interest to Māori, and to inform the Board of all activities, needs, and developments relating to Māori interests in such areas and places:
c: to assist Heritage New Zealand Pouhere Taonga to develop and reflect a bicultural view in the exercise of its powers and functions:
d: to develop its own iwi and other consultative and reporting processes and to recommend such processes for adoption by the Board and staff of Heritage New Zealand Pouhere Taonga when dealing with matters of interest to Māori:
e: to make recommendations to Heritage New Zealand Pouhere Taonga on applications referred by Heritage New Zealand Pouhere Taonga under section 49(1)﻿(a)
f: to consider and determine suitable applications to enter wāhi tūpuna, wāhi tapu, and wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero:
g: to propose historic places and historic areas of interest to Māori to be entered on the New Zealand Heritage List/Rārangi Kōrero:
h: to make recommendations to Heritage New Zealand Pouhere Taonga on applications for resource consents referred by Heritage New Zealand Pouhere Taonga under section 75
i: to advocate the interests of Heritage New Zealand Pouhere Taonga and the Council so far as they relate to matters of Māori heritage at any public or Māori forum:
j: to perform the functions delegated to the Council by the Board:
k: to perform the other functions imposed on the Council by this Act or any other Act.
2: In performing its functions under subsection (1)﻿(i)
28: Powers of Māori Heritage Council
1: The Council has the powers that are reasonably necessary or expedient to enable it to carry out its functions.
2: Without limiting the generality of subsection (1)
a: as the Council considers appropriate, appoint committees with members who may be, but are not necessarily, members of the Council:
b: delegate any functions of the Council under this Act to the chairperson, deputy chairperson, or to any committee of the Council, or the chief executive of Heritage New Zealand Pouhere Taonga. Governance provisions
29: Deputy chairperson of Council
1: The Council must elect 1 of its members to be the deputy chairperson as follows:
a: at the first meeting of the Council after the commencement of this Act; and
b: at the first meeting of the Council held after the 30th day of June in each year; and
c: at the first meeting of the Council held after a vacancy has arisen in the office of the deputy chairperson.
2: The deputy chairperson holds office while he or she continues to be a member of the Council until a successor is appointed in accordance with subsection (1)
3: The deputy chairperson must perform all of the functions and duties and exercise all of the powers of the chairperson,—
a: with the consent of the chairperson, at any time during the temporary absence of the chairperson; or
b: without that consent, at any time while the chairperson is temporarily incapacitated or prevented by illness or other cause from performing the functions and duties of his or her office; or
c: while there is any vacancy in the office of chairperson.
30: Resignation or removal from office
1: Any member of the Council may resign from office at any time by notice to the Minister.
2: Any member may be removed from office at any time by the Minister if that member is unable to perform the functions of the office, is bankrupt, neglects his or her duty, is guilty of misconduct (if proved to the satisfaction of the Minister), or is convicted of an offence relating to historic places.
31: Leave of absence
1: The Council may give leave of absence to any member.
2: A member is deemed to have vacated office if he or she is absent from 3 consecutive meetings of the Council without its leave.
32: Co-opted members
1: Subject to subsection (2)
2: In the case of a Council member appointed under section 26(2)﻿(a)
3: The term of office of a member co-opted under subsection (1) or (2)
a: the leave of absence of the original member expires; or
b: that member vacates, or is removed from, office.
33: Extraordinary vacancies
1: The vacancy that occurs if a member dies, resigns from office, or is removed from office by the Minister is an extraordinary vacancy.
2: An extraordinary vacancy must be filled in the same manner as that of the person whose office has become vacant.
3: A person who fills an extraordinary vacancy holds office for the remainder of the term for which his or her predecessor was to hold office.
34: Powers of Council not affected by vacancies
The powers of the Council are not affected by any vacancy in the membership of the Council.
35: Meetings of Council
1: The chairperson of the Council must preside at all meetings of the Council at which he or she is present.
2: If both the chairperson and the deputy chairperson are absent from any meeting, the members present must all appoint one of their number to be the chairperson of that meeting.
3: Meetings of the Council are to be held at the times and places that the Council or its chairperson appoints.
4: Subject to subsection (5)
a: may at any time call a special meeting of the Council; and
b: must call a special meeting of the Council whenever requested to do so in writing by 2 or more members of the Council.
5: Each member for the time being in New Zealand must be given not less than 5 working days' notice of every special meeting and of the business to be transacted at that meeting, and no business other than that specified in the notice may be transacted at that meeting.
6: At all meetings of the Council, 4 members, of whom 2 must be members of the Board, constitute a quorum.
7: The decision of the Council on any matter is determined by a majority of the valid votes recorded on the matter.
8: At any meeting of the Council, the person for the time being acting as the chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
9: If a meeting is not convened, a resolution signed or assented to in writing by all members (whether sent by post, registered post, personal delivery, or electronic transmission) is as valid and effectual as if it had been passed at a meeting of the Council duly called and constituted.
10: A resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
11: Subject to this Act and the rules of Heritage New Zealand Pouhere Taonga made under section 23
36: Chairperson of Board entitled to attend meetings of Council
1: Notice in writing of every meeting of the Council and of the business proposed to be transacted at that meeting must be given to the chairperson of the Board.
2: The chairperson or, in his or her absence, the deputy chairperson of the Board (if any), if that person is not also a member of the Council, is entitled—
a: to attend and speak at meetings of the Council, but is not entitled to vote; and
b: to receive notice in writing of—
i: every meeting of the Council; and
ii: the business to be transacted at each meeting.
37: Proceedings not affected by certain irregularities
The acts and proceedings of the Council, or of any person acting as a member of the Council, are not invalidated—
a: by a vacancy in the membership of the Council at the time of the act or proceeding; or
b: because of the subsequent discovery that there was some defect in the appointment of any person so acting or that he or she was ineligible, or had ceased, to be a member.
38: Application of Crown Entities Act 2004 to Council
1: The following provisions of the Crown Entities Act 2004 clause 14
a: sections 43 57 77 sections 120 to 126
b: sections 135 152(1)﻿(e) and (f) 152(2) 189 190
c: section 48
2: Sections 62 to 72
3: Protection of places and areas of historical and cultural value
1: Heritage covenants
39: Heritage covenants
1: Heritage New Zealand Pouhere Taonga may enter into a heritage covenant with the owner of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area to provide for the protection, conservation, and maintenance of the place, area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.
2: A heritage covenant may—
a: include the terms and conditions that the parties think fit, including provision for public access:
b: state that it has effect in perpetuity or for any specified term, or may be expressed to terminate on the happening of a specific event or events:
c: be varied or cancelled by agreement between the parties.
3: Before a heritage covenant may be entered into, consent is required from—
a: the owner of the land; and
b: any other person having a registered interest in the land.
4: Sections 316 to 318
5: In this section, land
a: means the land to which a heritage covenant relates; and
b: includes, in the case of a building or structure that is the subject of the covenant, the land on which the building or structure is located.
40: Effect of heritage covenant
1: A heritage covenant has effect according to its terms but is subject to this Act.
2: To avoid doubt,—
a: entering into a heritage covenant does not prevent Heritage New Zealand Pouhere Taonga from exercising any powers under this Act or the Resource Management Act 1991
b: a heritage covenant does not permit a person to carry out an action contrary to this Act.
41: Registrar-General of Land must register instruments
1: A heritage covenant—
a: is an instrument that creates an interest in land within the meaning of section 51
b: may be registered accordingly; and
c: when registered under the Land Transfer Act 2017
i: runs with the land; and
ii: binds all subsequent owners of the land.
2: If a heritage covenant applies to land that comprises part of the land in a record of title section 224
3: If a provision of a heritage covenant registered under the Land Transfer Act 2017 section 39(2)﻿(c)
4: As the case may require, the provisions of the covenant—
a: take effect as varied; or
b: cease to have effect. Section 41(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(1)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(3) amended 12 November 2018 section 250 Land Transfer Act 2017
2: Archaeological sites
Overarching protection for archaeological sites
42: Archaeological sites not to be modified or destroyed
1: Unless an authority is granted under section 48 56(1)﻿(b) 62
2: Subsection (1)
a: the New Zealand Heritage List/Rārangi Kōrero under subpart 1
b: the Landmarks list made under subpart 2
3: Despite subsection (1)
43: Declaration of archaeological site
1: Heritage New Zealand Pouhere Taonga may, on reasonable grounds, declare any place to be an archaeological site if the place—
a: was associated with human activity in or after 1900 or is the site of the wreck of any vessel where that wreck occurred in or after 1900; and
b: provides, or may be able to provide, through investigation by archaeological methods, significant evidence relating to the historical and cultural heritage of New Zealand.
2: A declaration under subsection (1)
a: by notice in the Gazette
b: by public notice.
3: As soon as practicable after a declaration is made, Heritage New Zealand Pouhere Taonga must give a notice setting out the terms of the declaration—
a: to the affected owner (and the occupier, if different from the owner); and
b: to every other person with a registered interest in the site; and
c: to the relevant local authorities; and
d: to the appropriate iwi or hapū. Applications
44: Applications for authorities
The following applications may be made by any person to Heritage New Zealand Pouhere Taonga:
a: an application for an authority to undertake an activity that will or may modify or destroy the whole or any part of any archaeological site or sites within a specified area of land, whether or not a site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero or on the Landmarks list:
b: an application for an authority to undertake an activity that will or may modify or destroy a recorded archaeological site or sites, if the effects of that activity on a site or sites will be no more than minor, as assessed in accordance with section 47(5)
c: an application for an authority to conduct a scientific investigation of an archaeological site or sites within a specified area of land, whether or not a site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero or on the Landmarks list.
45: Application for approval of person to carry out activity
1: At any time before an activity in relation to an archaeological site is carried out under an authority, the person applying for the authority (or the holder of an authority) must apply to Heritage New Zealand Pouhere Taonga for approval of any person nominated to undertake the activity under an authority.
2: A person must not be approved to carry out an activity under subsection (1)
a: has sufficient skill and competency, is fully capable of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga, and has access to appropriate institutional and professional support and resources; and
b: in the case of a site of interest to Māori—
i: has the requisite competencies for recognising and respecting Māori values; and
ii: has access to appropriate cultural support.
3: If it is necessary at any time, and for any reason, to replace the person approved to carry out an activity under an authority, the holder of the authority must, by written application to Heritage New Zealand Pouhere Taonga, seek approval for another nominated person to carry out that activity.
4: Heritage New Zealand Pouhere Taonga must—
a: determine an application under subsection (1) or (3)
b: notify the applicant, and any other person directly affected, of the determination as soon as practicable.
5: Despite subsection (4)﻿(a) section 44 section 50
46: Information that must be provided with application for authority
1: Every application for an authority made under section 44
2: An application must include the following information:
a: a legal description of the land or, if one is not available, a description that is sufficient to identify the land to which the application relates; and
b: the name of the owner of the relevant land, if the applicant is not the owner of the land; and
c: proof of consent, if the owner has consented to the proposed activity; and
d: a description of each archaeological site to which the application relates and the location of each site; and
e: a description of the activity for which the authority is sought; and
f: a description of how the proposed activity will modify or destroy each archaeological site; and
g: except in the case of an application made under section 44(b)
i: the archaeological, Māori, and other relevant values of the archaeological site in the detail that is appropriate to the scale and significance of the proposed activity and the proposed modification or destruction of the archaeological site; and
ii: the effect of the proposed activity on those values; and
h: a statement as to whether consultation with tangata whenua, the owner of the relevant land (if the applicant is not the owner), or any other person likely to be affected—
i: has taken place, with details of the consultation, including the names of the parties and the tenor of the views expressed; or
ii: has not taken place, with the reasons why consultation has not occurred.
3: The application may (but need not) include an application required by section 45
4: Before applying under section 44(c)
a: have the consent of the appropriate iwi or hapū; and
b: provide evidence of that consent in the information given under subsection (2)
5: An applicant who provides the information required under subsection (2) Resource Management Act 1991 planning application
a: may provide the same information to Heritage New Zealand Pouhere Taonga as that provided for the planning application under the Resource Management Act 1991
b: must ensure that all of the information required by subsection (2)
47: Processing of applications for authorities
1: Not later than 5 working days after receiving an application under section 44 section 46
a: determine,—
i: in the case of an application for an authority made under section 44(a) or (c) section 46(2)﻿(g)
ii: in the case of an application for an authority made under section 44(b) subsection (5)
b: if Heritage New Zealand Pouhere Taonga is satisfied that the application meets the relevant requirements under this subsection, it must—
i: accept the application; and
ii: advise the applicant of the latest date by which, in accordance with section 50
2: In the case of an application to which subsection (1)﻿(a)﻿(ii) section 46(2)﻿(g)
3: If Heritage New Zealand Pouhere Taonga determines that an application does not meet the relevant requirements under subsection (1)
a: return the application to the applicant, giving written reasons why the application has been returned; and
b: advise the applicant by notice of what further information is required before the application is able to be accepted.
4: For the purposes of making a decision under this section, an application that is returned under subsection (3)
5: In the case of an application made under section 44(b) subsection (1)﻿(a)﻿(ii)
a: the significance of a site or sites in relation to evidence of the historical and cultural heritage of New Zealand; and
b: the extent to which the proposed activity will modify or destroy the site or sites. Determination of applications for authorities
48: Determination
1: In determining an application made under section 44
a: grant an authority, in whole or in part, subject to any conditions it sees fit, including conditions that may be imposed under section 52
b: refuse to grant an authority.
2: Heritage New Zealand Pouhere Taonga must make its determination in accordance with the requirements of sections 49 to 52
49: Factors relevant to making determination
1: Before determining an application under section 48
a: unless the Board has delegated to the Council under section 22
b: in the case of an application that relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)﻿(b)
2: In making a determination, Heritage New Zealand Pouhere Taonga must have regard to the matters set out in section 59(1)﻿(a)
3: If Heritage New Zealand Pouhere Taonga refers an application to the Council for a recommendation under subsection (1)﻿(a)
50: Time within which applications to be determined
1: Heritage New Zealand Pouhere Taonga must make its determination under section 48 section 45
a: 20 working days after the date on which an application is accepted under section 47(1)﻿(b)
b: 30 working days after the date on which an application is accepted under section 47(1)﻿(b)
c: 40 working days after the date on which an application is accepted under section 47(1)﻿(b) section 46(2)﻿(g)
2: An application under section 44(b) section 45 section 47(1)﻿(b)﻿(i)
51: Notification of determination
1: After determining an application under section 48 56
a: the applicant; and
b: the owner of the relevant land, if the applicant is not the owner; and
c: the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and
d: in the case of a site of interest to Māori, the appropriate iwi or hapū; and
e: the chief executive or the nearest public museum; and
f: any other person with a right of appeal under section 58
2: In this section, public museum section 2(1) Conditions
52: Imposition of conditions on authorities
1: An authority granted under section 48
a: the consent of the land owner and the holder of any specified registered interest must be obtained before the holder of an authority may enter the relevant site or undertake any activity under that authority; and
b: the site must be returned as nearly as possible to its former state (unless otherwise agreed between the owner of the land on which the site is located and Heritage New Zealand Pouhere Taonga); and
c: any activity undertaken at the site under the authority must conform to accepted archaeological practice; and
d: Heritage New Zealand Pouhere Taonga, or the person approved under section 45
i: the holder of the authority; and
ii: the owner of the archaeological site concerned, if different from the holder; and
iii: Heritage New Zealand Pouhere Taonga, unless Heritage New Zealand Pouhere Taonga prepared the report.
2: Heritage New Zealand Pouhere Taonga may impose a condition requiring an investigation, but only if is satisfied on reasonable grounds that the investigation is likely to provide significant information in relation to the historical and cultural heritage of New Zealand.
53: Review of conditions of authority
1: At any time while an authority that is subject to conditions imposed under section 52
a: the holder of the authority may apply to Heritage New Zealand Pouhere Taonga for a change to, or cancellation of, any of the conditions imposed on the authority; or
b: Heritage New Zealand Pouhere Taonga may initiate a review of the conditions of the authority.
2: The holder of an authority must ensure that all activities being carried out under the authority, or such work as is specified by Heritage New Zealand Pouhere Taonga, is ceased immediately if, as appropriate,—
a: an application is made under subsection (1)﻿(a)
b: Heritage New Zealand Pouhere Taonga gives notice under subsection (6)﻿(a)
3: An application under subsection (1)﻿(a)
a: the details of the authority and the area of land to which it applies; and
b: the conditions in respect of which a change or cancellation is sought; and
c: the reasons for the application.
4: Not later than 5 working days after the application under subsection (1)﻿(a)
a: determine whether it meets the requirements of subsection (3)
b: give notice to the applicant of that determination and return the application to the applicant, with written reasons, if the application does not meet the requirements.
5: If the application meets the requirements, Heritage New Zealand Pouhere Taonga must, within 20 working days after receiving the application,—
a: consider and determine the application as if it were an application for an authority; and
b: give notice to the applicant, with written reasons, of its determination.
6: If Heritage New Zealand Pouhere Taonga initiates a review under subsection (1)﻿(b)
a: Heritage New Zealand Pouhere Taonga must give notice to the holder of the authority that it will initiate a review, stating—
i: which conditions are to be reviewed; and
ii: the reasons for the review; and
b: the holder may, not later than 20 working days after the date of the notice given under paragraph (a)
c: Heritage New Zealand Pouhere Taonga must—
i: consider any submissions received under paragraph (b)
ii: not later than 20 working days after the last date for providing a submission under that paragraph, determine the review and give notice of its determination to the holder.
7: Sections 48 52 subsection (5) or (6)
8: In determining a review under subsection (6)﻿(c)
a: change or cancel any conditions:
b: make no change to the conditions. Consequences of grant of authority
54: Commencement and duration of authorities
1: An authority granted under section 48 56
a: the time for lodging an appeal under section 58
i: no appeals have been lodged; or
ii: any appeals have been withdrawn; or
b: the Environment Court determines any appeals.
2: Subsection (1)
a: in the authority; or
b: by the Environment Court.
3: If an authority is granted before the land owner's consent to a proposed activity has been obtained, the authority does not commence until the consent of the owner has been obtained and notified to Heritage New Zealand Pouhere Taonga.
4: An authority is current—
a: for a period not exceeding 35 years, as specified in the authority; or
b: if no period is specified, for a period of 5 years from the date that the authority commences, which must not be more than 30 years after the authority is granted.
5: On the applicable date, the authority expires.
55: Effect of grant of authority by Heritage New Zealand Pouhere Taonga
1: An authority, for the time that it is current,—
a: runs with the land to which it applies; and
b: is not affected by any change in the ownership of the land or in the lease or licence under which the land is held.
2: The owner of land over which a current authority applies must, before any change of ownership,—
a: give notice to Heritage New Zealand Pouhere Taonga of that change; and
b: advise the successor in title—
i: that an authority applies in relation to the land; and
ii: of the conditions of the authority; and
iii: of the terms of any consent of the owner. Exploratory investigations
56: Exploratory investigation of site or locality
1: Heritage New Zealand Pouhere Taonga may, as far as it is consistent with the purpose of this Act,—
a: carry out an exploratory investigation of any site or locality:
b: authorise in writing persons who apply to carry out an exploratory investigation of any site or locality, subject to the conditions it thinks fit.
2: An application made under subsection (1)﻿(b) section 46(2)﻿(a) to (e) and (h)
3: In considering an application under subsection (1)﻿(b)
a: refer to the Council any application that relates to a site of interest to Māori for a recommendation that the Council thinks appropriate (unless there has been a delegation to the Council under section 22
b: take into account—
i: the nature and purpose of the proposed exploratory investigation; and
ii: whether the person has adequate skills to carry out that investigation; and
iii: whether the person has appropriate access to institutional and professional support and resources; and
c: have regard to any statutory acknowledgement in respect of an archaeological site to which the application relates; and
d: comply with section 89(a) section 86(1)﻿(b)
4: In considering an application referred to it under subsection (3)﻿(a)
5: Not later than 10 working days after receiving an application under subsection (1)﻿(b)
a: determine whether to consent to or decline the application and give notice of the determination; and
b: approve the person who is to carry out the exploratory investigation and give notice of that approval to—
i: the applicant; and
ii: any other person directly affected.
6: An exploratory investigation carried out under this section is subject to the following conditions:
a: no investigation may be carried out without the consent of the owner (and of the occupier if different from the owner) of the site or locality that is to be investigated; and
b: the site or locality must be returned as nearly as possible to its former state (unless otherwise agreed with the owner (and the occupier, if any) of the land on which the site is located); and
c: any activity undertaken at the site must conform to accepted archaeological practice; and
d: any other conditions that Heritage New Zealand Pouhere Taonga thinks fit.
7: Notice of a determination must be given in accordance with section 51
57: Powers and duties of Heritage New Zealand Pouhere Taonga if no authority held for activity
1: Subsection (2)
a: an activity is being carried out, or there is reason to suspect it is to be carried out, at any site or locality; and
b: no authority is held or has been applied for in respect of that site or locality; and
c: Heritage New Zealand Pouhere Taonga has reasonable cause to suspect that—
i: the site or locality is, or may be, or may include an archaeological site; and
ii: the activity will modify or destroy the site.
2: Heritage New Zealand Pouhere Taonga may—
a: enter the site or locality in accordance with section 15
b: carry out an exploratory investigation of the site or locality to ascertain whether an authority is required for the activity referred to in subsection (1)﻿(a)
c: if the site or locality proves to be, or to include, an archaeological site, recover the cost of the exploratory investigation from the owner or occupier of the land or the person carrying out the activity without an authority, as the case may be.
3: If an exploratory investigation establishes that a site or locality is, or includes, an archaeological site and that the proposed activity will modify or destroy the site or locality, Heritage New Zealand Pouhere Taonga must take reasonable steps to prevent—
a: the activity from continuing; and
b: the resumption of the activity until an application has been lodged, and an authority granted, to carry out the activity. Appeal provisions
58: Rights of appeal
1: Any person who is directly affected by the exercise of a power referred to in subsection (2) may appeal against that decision by notice of appeal to the Environment Court.
2: A right of appeal applies to the exercise of the power conferred by—
a: section 43(1)
b: section 45
c: section 48
d: section 52(2)
e: section 53
f: section 54(4)﻿(a)
g: section 56
h: section 57(2)
3: The notice of appeal must—
a: state the reasons for the appeal and the relief sought; and
b: state any matters that are prescribed in regulations made under the Resource Management Act 1991 section 120
c: not later than 15 working days after notice is given of the decision being appealed against,—
i: be lodged with the Environment Court; and
ii: be served on Heritage New Zealand Pouhere Taonga; and
d: not later than 5 working days after the notice of appeal is lodged with the Environment Court, be served, as relevant, on the applicant and owner (if different from the applicant) to whom the appeal relates.
4: Subject to this section and section 59 Resource Management Act 1991
59: Decision on appeal
1: In determining an appeal made under section 58
a: must, in respect of a decision made on an application made under section 44
i: the historical and cultural heritage value of the archaeological site and any other factors justifying the protection of the site:
ii: the purpose and principles of this Act:
iii: the extent to which protection of the archaeological site prevents or restricts the existing or reasonable future use of the site for any lawful purpose:
iv: the interests of any person directly affected by the decision of Heritage New Zealand Pouhere Taonga:
v: a statutory acknowledgement that relates to the archaeological site or sites concerned:
vi: the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tūpuna, wāhi tapu, and other taonga; and
b: may confirm or reverse the decision appealed against or modify the decision in the manner that the Environment Court thinks fit.
2: Subsection (1) does not limit the powers of the Environment Court under the Resource Management Act 1991
3: For the purposes of subsection (1)﻿(a)﻿(v), if the Environment Court has regard to a statutory acknowledgement, it must do so in accordance with the provisions of the relevant Act.
4: If the decision appealed against relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)﻿(b) section 89(b)
5: Nothing in this section limits or affects the power of Heritage New Zealand Pouhere Taonga to issue a requirement for a heritage order under the Resource Management Act 1991
3: Emergency authorities
60: Purpose and application of subpart
1: This subpart provides a process for obtaining an emergency authority to undertake an activity that will or may modify or destroy an archaeological site or sites located in an area or a district over which a state of emergency is declared, or a transition period is notified, Civil Defence Emergency Management Act 2002
2: Unless otherwise expressly provided for, this subpart applies instead of subpart 2 the state of emergency is terminated under section 72 section 94E Section 60(1) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 60(2) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016
61: Application for emergency authority
1: Any person may apply to Heritage New Zealand Pouhere Taonga for an emergency authority to undertake an activity that will or may modify or destroy an archaeological site or sites if, after a state of emergency has been declared or a transition period has been notified
2: An application for an emergency authority must—
a: be made in the form and manner prescribed by regulations made under this Act or as may be approved for the purpose by Heritage New Zealand Pouhere Taonga; and
b: include the information—
i: required by section 46(2)
ii: that Heritage New Zealand Pouhere Taonga thinks appropriate in the circumstances.
3: Before Heritage New Zealand Pouhere Taonga grants an emergency authority, it must be satisfied that any person who is to carry out an activity under the emergency authority, if granted, meets the requirements of section 45(2)
4: After having regard to all the circumstances, Heritage New Zealand Pouhere Taonga, if it thinks that it is not necessary to use its emergency powers under this subpart, may decline to consider an application under this subpart, giving reasons for doing so, but determine it under subpart 2 Section 61(1) amended 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016
62: Determination of applications
1: Heritage New Zealand Pouhere Taonga may—
a: grant an emergency authority in whole or in part, with or without conditions; or
b: refuse to grant an emergency authority, giving reasons for doing so.
2: In determining an application for an emergency authority, Heritage New Zealand Pouhere Taonga must have regard to—
a: the purpose of this subpart; and
b: the need to protect public health and safety; and
c: to the extent that they are relevant, the matters referred to in section 47(1)﻿(a)
d: all of the matters set out in section 59(1)﻿(a)
e: the views of the owner of the land, to the extent that they can reasonably be ascertained.
3: If an application made under this subpart relates to a site of interest to Māori,—
a: Heritage New Zealand Pouhere Taonga must refer the application to the Council (unless there has been a delegation to the Council under section 22
b: the Council may consult as it thinks appropriate, but must make any recommendations to Heritage New Zealand Pouhere Taonga not later than 3 days after the matter is referred to the Council.
4: In the case of an application that relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)﻿(b) section 89(a)
5: Heritage New Zealand Pouhere Taonga must determine an application—
a: not later than 5 days after the application is received, in the case of an application that relates to a site of interest to Māori; or
b: not later than 3 days after the application is received, in any other case.
6: As soon as practicable after making its determination, Heritage New Zealand Pouhere Taonga must give notice of that determination, with reasons, to—
a: the applicant; and
b: the owner of the relevant land, if the applicant is not the owner; and
c: the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and
d: in the case of a site of interest to Māori, the appropriate iwi or hapū; and
e: the chief executive.
7: If Heritage New Zealand Pouhere Taonga is unable to contact the owner of the relevant land through publicly available records within the time permitted by this section to obtain consent to carry out an activity, the lack of consent does not invalidate the determination of Heritage New Zealand Pouhere Taonga.
63: Condition requiring investigation
1: If Heritage New Zealand Pouhere Taonga is satisfied on reasonable grounds that an investigation ought to be carried out on a site for which an emergency authority is sought, an emergency authority may be granted subject to a condition requiring such an investigation.
2: If subsection (1)
a: in the case of an archaeological site that is above ground level, not later than 14 days after the date that the emergency authority is issued; and
b: for any other archaeological site, within the time specified in the authority.
3: If a condition of the kind referred to in subsection (1)
a: Heritage New Zealand Pouhere Taonga has been notified that the investigation has been completed; and
b: one of the following applies:
i: Heritage New Zealand Pouhere Taonga confirms that the emergency authority may be exercised; or
ii: 7 days have elapsed after the date on which notice was given under paragraph (a)
4: To avoid doubt, Heritage New Zealand Pouhere Taonga is not responsible for undertaking any investigation that may be required under subsection (1)
64: Appeal rights
1: There is a right of appeal to the Environment Court against a decision of Heritage New Zealand Pouhere Taonga made under section 62
a: an applicant whose application under section 61
b: the appropriate iwi or hapū, in the case of a matter of culture or tradition associated with a site of interest to Māori.
2: A notice of appeal must—
a: set out the matters required by section 58(3)﻿(a) and (b)
b: be lodged with the Environment Court not later than 14 days after notice of the decision is given under section 62(6)
c: be served as required by section 58(3)﻿(c) and (d)
3: The provisions of section 59
4: Recognition of places of historical, cultural, and ancestral significance
1: Provisions relating to New Zealand Heritage List/Rārangi Kōrero
New Zealand Heritage List/Rārangi Kōrero continued and maintained
65: New Zealand Heritage List/Rārangi Kōrero
1: Heritage New Zealand Pouhere Taonga must continue and maintain the New Zealand Heritage List/Rārangi Kōrero, which is the same as the register established under section 22
2: All entries on that register immediately before the commencement of this section are deemed to be entries on the New Zealand Heritage List/Rārangi Kōrero.
3: The purposes of the New Zealand Heritage List/Rārangi Kōrero are—
a: to inform members of the public about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:
b: to notify the owners of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas, as needed, for the purposes of this Act:
c: to be a source of information about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas for the purposes of the Resource Management Act 1991
4: The New Zealand Heritage List/Rārangi Kōrero must—
a: separately identify historic places as—
i: Category 1: places of special or outstanding historical or cultural heritage significance or value; or
ii: Category 2: places of historical or cultural heritage significance or value; and
b: separately identify historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas.
5: The inclusion in, or removal from, the New Zealand Heritage List/Rārangi Kōrero of details of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas must be carried out in accordance with this subpart.
6: An entry in the New Zealand Heritage List/Rārangi Kōrero relating to a historic place may include any chattel or object or class of chattels or objects that are—
a: situated in or on that place; and
b: considered by Heritage New Zealand Pouhere Taonga to contribute to the significance of that place; and
c: proposed by Heritage New Zealand Pouhere Taonga for inclusion on the New Zealand Heritage List/Rārangi Kōrero. Criteria for inclusion on New Zealand Heritage List/Rārangi Kōrero
66: Criteria
1: Heritage New Zealand Pouhere Taonga may enter any historic place or historic area in the New Zealand Heritage List/Rārangi Kōrero if it is satisfied that the place or area has aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, technological, or traditional significance or value.
2: Heritage New Zealand Pouhere Taonga may assign the status of Category 1 or Category 2 to any historic place, having regard to the nature of the places to which those categories may be assigned (as described in section 65(4)﻿(a)
3: Heritage New Zealand Pouhere Taonga may assign a status under subsection (2)
a: the extent to which the place reflects important or representative aspects of New Zealand history:
b: the association of the place with events, persons, or ideas of importance in New Zealand history:
c: the potential of the place to provide knowledge of New Zealand history:
d: the importance of the place to tangata whenua:
e: the community association with, or public esteem for, the place:
f: the potential of the place for public education:
g: the technical accomplishment, value, or design of the place:
h: the symbolic or commemorative value of the place:
i: the importance of identifying historic places known to date from an early period of New Zealand settlement:
j: the importance of identifying rare types of historic places:
k: the extent to which the place forms part of a wider historical and cultural area.
4: Additional criteria may be prescribed in regulations made under this Act for the purpose of assigning Category 1 or Category 2 status to a historic place, provided they are not inconsistent with the criteria set out in subsection (3)
5: The Council may enter any wāhi tūpuna on the New Zealand Heritage List/Rārangi Kōrero if it is satisfied that the wāhi tūpuna—
a: has strong traditional associations with 1 or more ancestors significant to an iwi or a hapū; and
b: is integral to the identity or cultural well-being of the iwi or hapū; and
c: is a distinct and cohesive place or area.
6: Additional criteria may be prescribed in regulations made under this Act for entering historic places or historic areas of interest to Māori, wāhi tūpuna, wāhi tapu, or wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero, provided they are not inconsistent with the criteria set out in subsection (3) or (5) subsection (4) Provisions relating to historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas
67: Applications relating to historic places or historic areas
1: Heritage New Zealand Pouhere Taonga or any other person may apply to Heritage New Zealand Pouhere Taonga to enter a historic place or historic area on the New Zealand Heritage List/Rārangi Kōrero.
2: An application—
a: must include a legal description or, if one is not available, must describe the historic place or historic area to which the application relates sufficiently to identify it; and
b: in the case of an application relating to a historic place, may state a proposed category.
3: Heritage New Zealand Pouhere Taonga must decline an application if, after having regard to the matters it is required to consider under section 66
4: If Heritage New Zealand Pouhere Taonga is satisfied that an application is supported by sufficient evidence, it must proceed to determine the application by—
a: publicly notifying the application; and
b: giving notice of the application to—
i: every person that—
A: is an owner of the historic place, historic area, or part of the place or area; or
B: has a registered interest in the historic place, historic area, or part of the place or area; and
ii: the local authorities that have jurisdiction in the relevant area.
5: However, Heritage New Zealand Pouhere Taonga is not required to give notice under subsection (4)﻿(b)﻿(i)
a: does not know the person, or cannot identify the person from publicly available records; or
b: does not know the person's contact details and cannot identify them from publicly available records.
6: If the owner of a historic place, historic area, or part of a place or area receives a notice under subsection (4)﻿(b)﻿(i)﻿(A)
7: The failure of an owner to notify an occupier under subsection (6)
8: If an application relates to a historic place, historic area, or part of a place or area on Māori land,—
a: Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and
b: the court must record the effect of the application on the court record.
9: If an application relates to a historic place or historic area in the common marine and coastal area, Heritage New Zealand Pouhere Taonga must give notice of the application to the holders of any customary marine title or protected customary right applying in the same location.
68: Applications relating to wāhi tūpuna, wāhi tapu, or wāhi tapu areas
1: Any person may apply to the Council to enter a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.
2: An application must—
a: include a legal description or, if one is not available, describe the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located sufficiently to identify it; and
b: for a wāhi tūpuna or wāhi tapu, specify the general nature of the wāhi tūpuna or wāhi tapu; and
c: for a wāhi tapu area, specify the general nature of the wāhi tapu included in the area.
3: The Council must decline an application—
a: if it considers, in the case of a wāhi tūpuna, that it lacks sufficient merit, having regard to the criteria set out in section 66(5)
b: in the case of a wāhi tapu or wāhi tapu area, if it is not satisfied that the place or area is a wāhi tapu or wāhi tapu area within the meaning of this Act or that the place or area contains wāhi tapu.
4: If the Council is satisfied that an application is supported by sufficient evidence, the Council must proceed to determine the application by—
a: publicly notifying the application; and
b: giving notice of the application to—
i: every person that—
A: is the owner of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; or
B: has a registered interest in the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; and
ii: the appropriate iwi or hapū; and
iii: the local authorities that have jurisdiction in the relevant area.
5: However, the Council is not required to give notice under subsection (4)﻿(b)﻿(i)
a: does not know the person, or cannot identify the person from publicly available records; or
b: does not know the person's contact details and cannot identify them from publicly available records.
6: If an owner of land on which a wāhi tūpuna, wāhi tapu, or wāhi tapu area is located receives a notice under subsection (4)﻿(b)﻿(i)﻿(A)
7: The failure of an owner to notify an occupier under subsection (6)
8: If an application relates to a wāhi tūpuna, wāhi tapu, or wāhi tapu area on Māori land,—
a: the Council must give notice of the application to the appropriate Registrar of the Māori Land Court; and
b: the court must record the effect of the application on the court record.
9: If an application relates to a wāhi tūpuna, wāhi tapu, or wāhi tapu area in the common marine and coastal area, the Council must give notice of the application to the holders of any customary marine title or protected customary right applying in the same location.
69: Procedure to determine applications
1: Any person may make a written submission on an application publicly notified under section 67(4) 68(4)
a: the owner of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:
b: an occupier of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:
c: a person with a registered interest in the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:
d: any body corporate engaged in, or having as one of its objects, the protection of New Zealand's historical and cultural heritage:
e: the appropriate iwi or hapū:
f: the local authorities that have jurisdiction in the relevant area.
2: Any submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as appropriate, not later than—
a: 20 working days after the public notification of the application; or
b: any longer period specified by Heritage New Zealand Pouhere Taonga or the Council in a particular case, but not longer than 40 working days after the public notification.
3: The Council may make any inquiries that it sees fit before deciding whether to enter a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.
4: If Heritage New Zealand Pouhere Taonga considers that a historic place or historic area proposed for inclusion on the New Zealand Heritage List/Rārangi Kōrero is a site of interest to Māori, it must refer the application to the Council for its recommendation as to whether the historic place or area should be entered on the New Zealand Heritage List/Rārangi Kōrero.
5: Before making a decision under this section,—
a: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must take all submissions into account; and
b: for an application relating to a historic place, Heritage New Zealand Pouhere Taonga may—
i: reconsider the category proposed for the place concerned; and
ii: if it considers it appropriate to do so, alter the category proposed for the historic place. Assessors
70: Independent assessors to be appointed
1: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must appoint 1 or more independent expert assessors to make recommendations to Heritage New Zealand Pouhere Taonga or the Council, as appropriate, if Heritage New Zealand Pouhere Taonga or the Council is the applicant under section 67 68
2: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must have regard to the recommendations of the assessor.
3: If Heritage New Zealand Pouhere Taonga does not accept a recommendation, it must provide reasons to the assessors and submitters.
71: Appointments
1: Before making an appointment under section 70
2: An assessor is not liable for advice or recommendations given in good faith under section 70 General provisions relating to New Zealand Heritage List/Rārangi Kōrero
72: Entries may be included on New Zealand Heritage List/Rārangi Kōrero by agreement
Despite sections 67(4) 68(4)
a: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, receives an application under section 67 68
b: all of the persons who have the right to be notified under section 67(4)﻿(b)﻿(i) 68(4)﻿(b)﻿(i) and (ii)
73: When entry on New Zealand Heritage List/Rārangi Kōrero takes effect
1: As soon as is reasonably practicable after making a decision under section 69 section 72(b)
a: publicly notify the entry of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero; and
b: notify the entry to the persons with a right to be notified under section 67(4)﻿(b) 68(4)﻿(b)
c: notify the Māori Land Court if the entry on the New Zealand Heritage List/Rārangi Kōrero relates to Māori land; and
d: notify the holders of any customary marine title or protected customary right applying in the same location that a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area has been entered on the New Zealand Heritage List/Rārangi Kōrero.
2: The entry of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero takes effect on the date specified in the notices given under subsection (1)﻿(b) Effect of certain entries on New Zealand Heritage List/Rārangi Kōrero
74: When local authorities must have particular regard to recommendations
1: In respect of a historic area entered on the New Zealand Heritage List/Rārangi Kōrero, Heritage New Zealand Pouhere Taonga may make recommendations to the local authorities that have jurisdiction in the area where the historic area is located as to the appropriate measures that those local authorities should take to assist in the conservation and protection of the historic area.
2: In respect of a wāhi tapu area entered on the New Zealand Heritage List/Rārangi Kōrero, the Council may make recommendations to the local authorities that have jurisdiction in the relevant area as to the appropriate measures that those local authorities should take to assist in the conservation and protection of the wāhi tapu area.
3: Local authorities must have particular regard to a recommendation received under subsection (1) or (2)
4: In making a recommendation under subsection (1) or (2)
75: Proposals affecting wāhi tapu areas entered on New Zealand Heritage List/Rārangi Kōrero
1: Subsection (2)
a: is advised by a local authority that it has received an application for a resource consent in respect of a wāhi tapu area entered on the New Zealand Heritage List/Rārangi Kōrero; or
b: is considering an application affecting a wāhi tapu area that is made under—
i: section 44
ii: section 56(1)﻿(b)
c: proposes to take any action in respect of a wāhi tapu area.
2: Before Heritage New Zealand Pouhere Taonga takes any action in respect of the application, it must—
a: refer the matter to the Council; and
b: consult, as the case may require,—
i: the local authorities that have jurisdiction in the relevant area:
ii: the applicant for the resource consent:
iii: the person who applied under section 68(1)
iv: the appropriate iwi or hapū.
3: Not later than 15 working days after receiving a reference from Heritage New Zealand Pouhere Taonga under subsection (2)﻿(a) Further requirements relating to New Zealand Heritage List/Rārangi Kōrero
76: Information to be supplied to territorial authorities
1: Heritage New Zealand Pouhere Taonga must maintain, and supply—
a: to the appropriate local authorities, a list of—
i: the historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas entered on the New Zealand Heritage List/Rārangi Kōrero that are located in the area of jurisdiction of each local authority; and
ii: the heritage covenants that have effect in the area of jurisdiction of each local authority; and
b: to the appropriate territorial authorities, the details about the places or areas entered on the New Zealand Heritage List/Rārangi Kōrero or the heritage covenants for inclusion in—
i: any land information memoranda issued by the territorial authority under section 44A
ii: any project information memoranda issued by the territorial authority under section 34
2: Each local authority must make the lists and details supplied under subsection (1)
3: Subsection (4) section 67(4)﻿(b)﻿(ii) 68(4)﻿(b)﻿(iii), 73(1)﻿(b) 78(9) 79(b)
4: For the purposes of section 34(4)﻿(b) section 44A(2)﻿(g) subsection (3)
77: Availability of New Zealand Heritage List/Rārangi Kōrero
The New Zealand Heritage List/Rārangi Kōrero must be available for public inspection—
a: on the Internet site of Heritage New Zealand Pouhere Taonga; and
b: during usual business hours, at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices.
78: Review, variation, or removal of entries on New Zealand Heritage List/Rārangi Kōrero
1: Heritage New Zealand Pouhere Taonga (in the case of a historic place or historic area) or the Council (in the case of a wāhi tūpuna, wāhi tapu or wāhi tapu area) may, at any time, review an entry on the New Zealand Heritage List/Rārangi Kōrero relating to a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.
2: Any person may apply to—
a: Heritage New Zealand Pouhere Taonga for a review of the entry of a historic place or historic area on the New Zealand Heritage List/Rārangi Kōrero:
b: the Council for a review of the entry of a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.
3: However, no person may apply for a review of an entry on the New Zealand Heritage List/Rārangi Kōrero earlier than whichever is the later of the following dates:
a: 3 years after the date when the entry was made on the New Zealand Heritage List/Rārangi Kōrero:
b: 3 years after the date of the last review of that entry.
4: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, may reject an application for a review in whole or in part, but only on the grounds that—
a: the application does not disclose sufficient grounds to justify a review; or
b: the substance of the application or part of it has been considered by Heritage New Zealand Pouhere Taonga or the Council within the preceding 3 years.
5: An application for review must be made in the form and manner prescribed by regulations made under this Act or as approved by Heritage New Zealand Pouhere Taonga for the purpose.
6: A decision on an application for review of an entry must be made by Heritage New Zealand Pouhere Taonga or the Council, as appropriate, not later than 12 months after the date of its receipt by Heritage New Zealand Pouhere Taonga or the Council.
7: If Heritage New Zealand Pouhere Taonga or the Council decides to review an entry on the New Zealand Heritage List/Rārangi Kōrero, whether on its own initiative or as a result of an application, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must conduct the review in the same manner as if it were a proposal to make an entry on the New Zealand Heritage List/Rārangi Kōrero under this subpart.
8: When a review is completed, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, may—
a: vary the entry on the New Zealand Heritage List/Rārangi Kōrero; or
b: remove the entry from the New Zealand Heritage List/Rārangi Kōrero; or
c: confirm the entry; or
d: in the case of a historic place, change or confirm the category assigned to the historic place.
9: Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must give notice to the applicant of a decision made under this section and the reasons for the decision.
79: Removal of entries on New Zealand Heritage List/Rārangi Kōrero in cases of destruction or demolition
If a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is destroyed or demolished, Heritage New Zealand Pouhere Taonga or the Council, as appropriate,—
a: may, after making any inquiries that it sees fit, remove the entry of that historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area from the New Zealand Heritage List/Rārangi Kōrero; and
b: must, as soon as practicable after removing that entry, give notice of its removal in writing to the local authorities that have jurisdiction in the relevant area.
2: National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu
80: Interpretation
In this subpart, place
a: means a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero; and
b: may include an area that includes 1 or more such places.
81: National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu to be established
1: Heritage New Zealand Pouhere Taonga must establish and maintain a list of places of outstanding national heritage value, to be called the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu.
2: The purpose of the Landmarks list is to promote—
a: an appreciation of the places of greatest heritage value to the people of New Zealand; and
b: the conservation of such places, including their protection from natural disasters, to the greatest extent practicable.
3: A place must not be included on the Landmarks list unless it is of outstanding national heritage value, having regard to 1 or more of the following:
a: the outstanding historical significance of the place in relation to people, events, or ideas of the past:
b: the outstanding physical significance of the place in relation to its archaeological, architectural, design, or technological qualities:
c: the outstanding cultural significance of the place to tangata whenua or other communities in relation to its social, spiritual, traditional, or ancestral associations.
4: A place must not be included on the Landmarks list unless there is strong evidence of broad national and community support for its inclusion.
5: The Landmarks list must be available for public inspection on the Internet site of Heritage New Zealand Pouhere Taonga.
6: The inclusion of a place on the Landmarks list must be noted in the entry for that place on the New Zealand Heritage List/Rārangi Kōrero.
82: How places may be included on Landmarks list
1: The Minister may determine that a place is of outstanding national heritage value and is to be included on the Landmarks list.
2: Before the Minister may make a determination under subsection (1),
a: Heritage New Zealand Pouhere Taonga must recommend to the Minister, after consultation with the Council where that is appropriate, that a place—
i: is of outstanding national heritage value; and
ii: ought to be included on the Landmarks list; and
b: the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.
3: Before Heritage New Zealand Pouhere Taonga may make a recommendation to the Minister, it must—
a: invite public submissions on a proposal to include a specified place on the Landmarks list; and
b: have regard to any submissions received.
4: Heritage New Zealand Pouhere Taonga must not propose that a place be included on the Landmarks list unless it is satisfied that—
a: the place is subject to appropriate legal protection; and
b: the owner and every person with a registered interest in the place have given consent to the inclusion of the place on the Landmarks list; and
c: the owner has prepared an appropriate risk management plan approved for the purpose by Heritage New Zealand Pouhere Taonga.
5: The plan required by subsection (4)﻿(c)
a: how the effects on the place of natural disasters are to be mitigated; and
b: that the place will be managed to the highest practicable standard of care.
6: Nothing in this subpart affects the responsibilities of the owner of a place included on the Landmarks list.
83: Review of Landmarks list by Minister
1: The Minister may, from time to time, initiate a review of the places on the Landmarks list and may—
a: add a place to the Landmarks list:
b: remove a place from the Landmarks list:
c: modify the extent of a place that is on the Landmarks list:
d: make no change to the Landmarks list.
2: Before the Minister may conduct a review,—
a: Heritage New Zealand Pouhere Taonga must provide a recommendation to the Minister for the purpose of a review under subsection (1)
b: the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.
3: Before Heritage New Zealand Pouhere Taonga may make a recommendation, it must—
a: invite public submissions on the review proposal; and
b: have regard to any submissions received.
4: As soon as is reasonably practicable after the Minister has completed a review under subsection (1)
84: Owner may seek review
1: The owner of a place included on the Landmarks list, or a person with a registered interest in such a place, may apply in writing to the Minister, in the form and manner approved for the purpose by the Minister, requesting that a review be conducted in relation to the inclusion of that place on the Landmarks list.
2: Heritage New Zealand Pouhere Taonga must, not later than 12 months after the date that the request was received by the Minister,—
a: conduct and complete the review; and
b: provide a recommendation to the Minister.
3: After considering the recommendation of Heritage New Zealand Pouhere Taonga, the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.
4: After considering the recommendation given under subsection (2)﻿(b)
5: The Minister must advise the owner of the place, and any person with a registered interest in it, of the outcome of the review.
5: Offences and penalties, transitional provisions, and miscellaneous matters
1: Offences and penalties
85: Offence of intentionally modifying or destroying property of Heritage New Zealand Pouhere Taonga
1: Every person commits an offence who, intentionally and without the authority of Heritage New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga to do so,—
a: modifies or destroys a historic place, historic area, property, or thing that is vested in Heritage New Zealand Pouhere Taonga and managed by it; or
b: causes the place, area, property, thing, or associated land to be modified or destroyed.
2: Every person who commits an offence under subsection (1)
a: in the case of an action that amounts to destruction,—
i: $150,000 in the case of a natural person:
ii: $300,000 in the case of a person other than a natural person; and
b: in the case of an action that amounts to modification,—
i: $60,000 in the case of a natural person:
ii: $120,000, in the case of a person other than a natural person.
86: Offence of modifying or destroying land subject to heritage covenant
1: Every person commits an offence in respect of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is protected by a heritage covenant if the person—
a: knows, or ought reasonably to have suspected, that the place, area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is protected by a heritage covenant; and
b: breaches the terms of the heritage covenant; and
c: intentionally modifies or destroys the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area or intentionally causes it to be modified or destroyed.
2: Every person who commits an offence under subsection (1)
a: in the case of an action that amounts to destruction,—
i: $150,000 in the case of a natural person:
ii: $300,000 in the case of a person other than a natural person; and
b: in the case of an action that amounts to modification,—
i: $60,000 in the case of a natural person:
ii: $120,000 in the case of a person other than a natural person.
87: Offence of modifying or destroying archaeological site
1: If an authority is required in respect of an archaeological site, every person commits an offence in respect of that site if the person, without the authority of Heritage New Zealand Pouhere Taonga or of any person authorised by Heritage New Zealand Pouhere Taonga,—
a: knows, or ought reasonably to have suspected, that the site is an archaeological site; and
b: modifies or destroys the archaeological site or causes it to be modified or destroyed.
2: Every person who commits an offence under subsection (1)
a: in the case of an action that amounts to destruction,—
i: $150,000 in the case of a natural person:
ii: $300,000 in the case of a person other than a natural person; and
b: in the case of an action that amounts to modification,—
i: $60,000 in the case of a natural person:
ii: $120,000 in the case of a person other than a natural person.
88: Offence of breaching conditions of authority
1: Every person commits an offence who contravenes or fails to comply with any condition imposed by or under section 48(1)﻿(a) 52 56(1) 62(1)﻿(a)
2: Every person who commits an offence under subsection (1)
a: $60,000 in the case of a natural person:
b: $120,000 in the case of a person other than a natural person.
89: Offence of refusing access, etc
1: Every person commits an offence who—
a: refuses to let a person authorised by or under section 15
b: obstructs any person who is—
i: exercising any power referred to in section 15(3)
ii: carrying out an investigation in relation to a condition imposed under section 52(2)
iii: carrying out an investigation under section 56 57
2: Every person who commits an offence under subsection (1)
a: $3,750 in the case of a natural person:
b: $7,500 in the case of a person other than a natural person.
90: Other offences
1: Every person commits an offence in respect of land or a place vested in, or under the control of, Heritage New Zealand Pouhere Taonga if the person, without the authority of Heritage New Zealand Pouhere Taonga or of a person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose,—
a: enters land or a historic place when he or she knows, or ought reasonably to have suspected, that the land or historic place is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or
b: takes any animal or vehicle onto land when he or she knows, or ought reasonably to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or
c: lights a fire on land when he or she knows, or ought reasonably to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or
d: lights a fire or causes or permits a fire to be lit on any land (other than land vested in, or under the control of, Heritage New Zealand Pouhere Taonga),—
i: when he or she knows, or ought reasonably to have suspected, that the fire is likely to spread into property vested in or under the control of Heritage New Zealand Pouhere Taonga; and
ii: the fire spreads into and damages or destroys that property; or
e: unlawfully alters, obliterates, defaces, pulls up, removes, or destroys any boundary mark, plaque, sign, or poster on any land when he or she knows, or ought reasonably to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or
f: takes or removes, or causes to be taken or removed, any property or thing from any land or building vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or ought reasonably to have suspected, that the land or building is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or
g: receives any property or thing vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or ought reasonably to have suspected, that the property or thing has been removed unlawfully from land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga; or
h: alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by Heritage New Zealand Pouhere Taonga on any land or building (other than land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga), without first obtaining the consent of the owner of the land or building.
2: Every person who fails to comply with the requirements of section 55(2)
3: Every person who contravenes, or permits a contravention of, an order made under section 92
4: Every person who commits an offence under subsection (1), (2), or (3)
a: $3,750 in the case of a natural person:
b: $7,500 in the case of a person other than a natural person. Liability of principal
91: Liability of principal for acts of agents
1: Subsection (2)
2: Person B is, without prejudice to the liability of person A, liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.
3: It is a good defence to proceedings brought under subsection (1)
a: the defendant proves,—
i: in the case of a natural person (including a partner in a firm),—
A: that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
B: that he or she took all reasonable steps to prevent the commission of the offence; or
ii: in the case of a person other than a natural person,—
A: that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
B: that the defendant took all reasonable steps to prevent the commission of the offence; and
b: the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
4: If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any) or a person involved in the management of the defendant is guilty of the same offence if it is proved—
a: that the act or omission constituting the offence took place with his or her authority, permission, or consent; and
b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. Remedies
92: Enforcement
1: Heritage New Zealand Pouhere Taonga may apply to the Environment Court for an order prohibiting any person from taking any action or omitting to act—
a: if that action or omission would be likely to be an offence or a breach of a duty or obligation under this Act; and
b: either—
i: that person has threatened to commit, or is already committing, the offence or breach; or
ii: Heritage New Zealand Pouhere Taonga has reasonable cause to believe that such an offence or breach is likely to occur.
2: An application under subsection (1) section 314 sections 315(1) to (3) 317 318 320 321 section 93
3: After considering an application made under subsection (1)
a: make an order; or
b: refuse the application.
4: An order may be granted under this section—
a: on the terms and conditions that the Environment Court thinks fit; and
b: despite anything in any enactment other than Part 12
c: whether or not proceedings in relation to the breach or offence have been commenced; and
d: even if a person is convicted of the breach or offence,—
i: in substitution for, or in addition to, any other penalty; or
ii: in subsequent proceedings.
5: An interim order may be made by an Environment Judge under this section as if the order were made under section 320
6: An interim order made under subsection (5)
a: an application for an order made under subsection (1)
b: the interim order is changed, cancelled, or confirmed by an Environment Judge as if section 320(5)
c: the interim order is cancelled by the Environment Court as if section 321
7: Despite anything in Part 11
93: Proceedings
1: Proceedings under sections 85 to 90
a: in the District Court; and
b: except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.
2: Proceedings under section 92 section 92(6)
3: Proceedings under section 92(6)
94: Strict liability and defences
1: In a prosecution for an offence against section 87 88
2: Subject to subsection (3) subsection (1)
a: the defendant proves that—
i: the action or event was necessary for the purposes of saving or protecting life or preventing serious damage to property or any historic place, wāhi tūpuna, or wāhi tapu; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: the action or event to which the prosecution relates was because of an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Except with the leave of the court, subsection (2)
a: stating that he or she intends to rely on subsection (2)
b: specifying the facts that support his or her reliance on that subsection.
95: Offender to give name and address
1: If a person is found offending against this Act, an individual referred to in subsection (2)
2: The individuals are—
a: a constable:
b: a named officer or an employee of Heritage New Zealand Pouhere Taonga:
c: a person authorised in writing for the purpose by Heritage New Zealand Pouhere Taonga:
d: any employee of the department who is authorised in writing for the purpose by the chief executive.
3: The person offending commits an offence if, when requested, he or she—
a: fails to give his or her name or address; or
b: gives a false name or address; or
c: wilfully continues offending.
4: Every person who commits an offence against this section is liable, on conviction, to a fine not exceeding $2,000.
96: Limitation period for filing charging document
1: Despite anything to the contrary in section 25 sections 89 90
2: To avoid doubt, subsection (1) sections 85 to 88
2: Miscellaneous matters
Transfer of land, or contributions, to Heritage New Zealand Pouhere Taonga
97: Contributions to funds of Heritage New Zealand Pouhere Taonga
1: For the purpose of providing funds for the exercise of the functions of Heritage New Zealand Pouhere Taonga,—
a: a local authority or public body may, out of its general fund or account, make any contributions to Heritage New Zealand Pouhere Taonga that it thinks fit:
b: a university may, with the consent of the Minister of Education, make any contributions to Heritage New Zealand Pouhere Taonga that it thinks fit.
2: In this section, public body
a: a Minister of the Crown:
b: a public service agency as defined in section 5
c: a Crown entity described in section 7
d: the Armed Forces as defined in section 2(1) Section 97(2)﻿(b) replaced 7 August 2020 section 135 Public Service Act 2020
98: Local authorities may transfer land to Heritage New Zealand Pouhere Taonga
1: Despite anything in any enactment (other than the Public Works Act 1981 Reserves Act 1977
2: Heritage New Zealand Pouhere Taonga may accept that land and hold it for the purposes of this Act. Regulations
99: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing—
i: offences for the contravention of, or non-compliance with, any regulations made under this Act; and
ii: fines not exceeding $5,000 in respect of those offences:
b: prescribing—
i: the form or content of applications, notices, or any other documentation or information as may be required under this Act; and
ii: the manner in which such documentation is to be provided:
c: prescribing administrative charges for the matters set out in section 14(1)﻿(j)﻿(i) and (ii)
d: providing for discounts on administrative charges imposed under section 14(1)﻿(k)
e: prescribing time limits for actions to be taken or decisions to be made that are not otherwise provided for in this Act:
f: prescribing criteria for the purposes of section 66(4) and (6)
g: providing for such other matters as may be contemplated by or necessary for giving full effect to this Act and its administration.
2: Regulations under this section are 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 99(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Savings and transitional provisions
100: References to Trust
1: On and from the commencement of this Act, a reference to the New Zealand Historic Places Trust (express or implied) in any enactment, or in any instrument, register, agreement, deed, lease, application, notice, or other document in force immediately before the commencement of this Act, must, unless the context requires otherwise, be read as a reference to Heritage New Zealand Pouhere Taonga.
2: The Registrar-General and other persons with responsibility for keeping records or registers are not obliged, solely because of any provision in this Act, to change a name in those records or registers or in any document.
101: Expiry of term of office
1: On and from the commencement of this Act, the term of office expires—
a: for every member of the New Zealand Historic Places Board of Trustees—
i: elected or appointed under section 42
ii: holding office immediately before the commencement of this Act; and
b: for every member of the Council who held office immediately before the commencement of this Act.
2: No person who is or has been a member of the Council is entitled to compensation as a result of the expiry of that person's term of office under this section.
102: Branch committees dissolved
1: On and from the commencement of this Act,—
a: the branch committees established under rules made under section 60 Committees
b: the term of office of every member of those Committees expires; and
c: any property, information, and other assets of the Committees vest in Heritage New Zealand Pouhere Taonga under this Act; and
d: any money payable to or by the Committees under the Historic Places Act 1993
e: the obligations, liabilities, contracts, rights, entitlements, and authorities of the Committees are transferred to Heritage New Zealand Pouhere Taonga under this Act.
2: Heritage New Zealand Pouhere Taonga, for a period of up to 12 months after the commencement of this Act, must take reasonable and practicable steps to support independent heritage groups set up to replace the Committees.
103: General transitional provision
1: This section applies to—
a: all matters to which the Historic Places Act 1993
b: proceedings commenced under the Historic Places Act 1993
2: Those matters or proceedings are to be continued and completed by Heritage New Zealand Pouhere Taonga under the Historic Places Act 1993
3: The Canterbury Earthquake (Historic Places Act) Order 2011 Historic Places Act 1993 Notices
104: Giving of notices
1: If a notice or other document is to be given to a person under this Act, it must be given in writing—
a: by personal service; or
b: by post addressed to the person at the person's usual or last-known place of business or residence; or
c: by service on the person's lawyer or another person authorised to act on behalf of that person; or
d: by electronic transmission to the person or that person's lawyer or another person authorised to act on behalf of that person, including transmission by whatever electronic means is considered appropriate, such as by fax, electronic mail, or electronic data transfer.
2: In the absence of proof to the contrary, a notice or document—
a: sent by post is deemed to have been received at the time at which it would have been delivered in the ordinary course of post; or
b: sent by electronic means is deemed to have been received at the time at which it enters the information system of the recipient or otherwise comes to the attention of the person to whom it is addressed. Repeal, revocation, and consequential amendments
105: Repeal
The Historic Places Act 1993 2014-05-20 Historic Places Act 1993
106: Revocation
The Historic Places Trust Elections Regulations 1993 2014-05-20 Historic Places Trust Elections Regulations 1993
107: Consequential amendments
The enactments specified in the Schedule 2014-05-20 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Banks Peninsula District Council (Rates Validation, Empowering, and Trust Removal) Act 1994 Building Act 2004 Building Amendment Act 2012 Burial and Cremation Act 1964 Canterbury Earthquake Recovery Act 2011 Central North Island Forests Land Collective Settlement Act 2008 Christchurch City Council (Robert McDougall Gallery) Land Act 2003 Conservation Act 1987 Crown Entities Act 2004 Crown Pastoral Land Act 1998 Environment Act 1986 Estate and Gift Duties Act 1968 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 Hauraki Gulf Marine Park Act 2000 Local Government (Rating) Act 2002 Maraeroa A and B Blocks Claims Settlement Act 2012 Marine and Coastal Area (Takutai Moana) Act 2011 Mauao Historic Reserve Vesting Act 2008 Maungaharuru-Tangitū Hapū Claims Settlement Act 2014 Methodist Church Withells Road Cemetery Empowering Act 1981 National Parks Act 1980 National War Memorial Park (Pukeahu) Empowering Act 2012 Ngaa Rauru Kiitahi Claims Settlement Act 2005 Ngāi Tahu Claims Settlement Act 1998 Ngai Tāmanuhiri Claims Settlement Act 2012 Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014 Ngāti Apa (North Island) Claims Settlement Act 2010 Ngāti Awa Claims Settlement Act 2005 Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014 Ngāti Mākino Claims Settlement Act 2012 Ngāti Manawa Claims Settlement Act 2012 Ngāti Manuhiri Claims Settlement Act 2012 Ngāti Mutunga Claims Settlement Act 2006 Ngāti Pāhauwera Treaty Claims Settlement Act 2012 Ngati Porou Claims Settlement Act 2012 Ngāti Rangiteaorere Claims Settlement Act 2014 Ngāti Rangiwewehi Claims Settlement Act 2014 Ngati Ruanui Claims Settlement Act 2003 Ngati Tama Claims Settlement Act 2003 Ngati Toa Rangatira Claims Settlement Act 2014 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Ngāti Whare Claims Settlement Act 2012 Ngāti Whātua o Kaipara Claims Settlement Act 2013 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Ombudsmen Act 1975 Overseas Investment Act 2005 Porirua City Council (Pauatahanui Burial Ground) Act 2007 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 Pouakani Claims Settlement Act 2000 Protected Objects Act 1975 Public Audit Act 2001 Raukawa Claims Settlement Act 2014 Reserves Act 1977 Resource Management Act 1991 Riccarton Bush Act 1914 Rongowhakaata Claims Settlement Act 2012 Tapuika Claims Settlement Act 2014 Te Arawa Lakes Settlement Act 2006 Te Roroa Claims Settlement Act 2008 Te Uri o Hau Claims Settlement Act 2002 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Waitaha Claims Settlement Act 2013 Waitakere Ranges Heritage Area Act 2008 Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987 Canterbury Earthquake (Resource Management Act Port of Lyttelton Recovery) Order 2011 Māori Land Court Fees Regulations 2013 Resource Management (Forms, Fees, and Procedure) Regulations 2003 Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009