Historic Places Amendment Act 2006

1: Title
This Act is the Historic Places Amendment Act 2006.
2: Commencement
This Act comes into force on 1 August 2006.
3: Principal Act amended
This Act amends the Historic Places Act 1993
1: Amendments to
Historic Places Act 1993
4: Interpretation
1: Section 2 paragraph (a)(iii) historic place ; or
iv: any combination of land, buildings or structures, and associated buildings or structures (including any part of those buildings or structures, or associated buildings or structures) .
2: Section 2 paragraph (a) historic place a place that is forms
3: Section 2 paragraph (b) regional council
4: Section 2 paragraph (b) working day 15th 10th
5: Rights of appeal
Section 20(6)
f: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga.
6: New section 20A inserted
The following section is inserted after section 20
20A: Commencement of authority
1: An authority granted under this Act by the Trust commences when—
a: the time for lodging appeals under section 20(1)(c), (d), (e), (f), or (g)
b: the Environment Court determines any appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
c: all appellants withdraw their appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
2: Subsection (1) 1991 No 69 s 116(1) .
7: Provisions relating to historic places
Section 24(3)(b)(iii) and regional council authority
8: Provisions relating to wahi tapu
Section 25(3)(b)(ii) and regional council authority
9: Interim registration
1: Section 26(3)(a) section 29 or section 30 section 32B or section 32C
2: Section 26(3)(a) (b) final
10: New section 28 substituted
Section 28
28: Procedure if registration of historic place or wahi tapu proposed
1: The following persons may make written submissions on a proposal under section 24 section 25
a: the owner of the historic place or wahi tapu:
b: any occupier of the historic place or wahi tapu:
c: any person having a registered interest in the historic place or wahi tapu:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the territorial authority and regional council having jurisdiction in the area:
f: the appropriate iwi.
2: Submissions may be made on a proposal or application whether or not interim registration of the historic place that the proposal relates to or of the wahi tapu that the application relates to has been granted.
3: In the case of an interim registration, submissions must be made to the Trust or Council, as the case may require, within 20 working days after the date of the public notification of the grant of interim registration
4: In all other cases, submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
5: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu.
6: If the Trust considers that an historic place proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic place should be registered.
7: When deciding whether to register an historic place, the Trust may reconsider the category of registration proposed of the place concerned and alter the category if it considers this action appropriate.
11: Sections 29 and 30 repealed
Sections 29 30
12: Provisions relating to historic areas
Section 31 subsections (3) to (6)
3: If satisfied that the proposal is supported by sufficient evidence, the Trust must—
a: publicly notify the proposal for registration in the manner that the Trust considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the historic area or part of the historic area; or
B: has a registered interest in the historic area or part of the historic area; and
ii: the relevant territorial authority and regional council.
4: Despite subsection (3)(b) subsection (3)(b)(i)
a: the person is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records; or
b: the person's address is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records.
5: An owner of an historic area or part of an historic area who receives a notice under subsection (3)(b)(i)(A)
6: Failure to give notice under subsection (5)
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the Court records.
8: For the purposes of this section, address
a: residence; or
b: business.
13: Provisions relating to wahi tapu areas
Section 32 subsections (3) to (6)
3: If satisfied that the proposal is supported by sufficient evidence, the Council must—
a: publicly notify the proposal for registration in the manner that the Council considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the wahi tapu area or part of the wahi tapu area; or
B: has a registered interest in the wahi tapu area or part of the wahi tapu area; and
ii: the relevant territorial authority and regional council; and
iii: the appropriate iwi
4: Despite subsection (3)(b) subsection (3)(b)(i)
a: the person is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records; or
b: the person's address is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records.
5: An owner of a wahi tapu area or part of a wahi tapu area who receives a notice under subsection (3)(b)(i)(A)
6: Failure to give notice under subsection (5)
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the Court records.
8: For the purposes of this section, address
a: residence; or
b: business.
14: New sections 32A to 32D inserted
The following sections are inserted after section 32
32A: Procedure if registration of historic area or wahi tapu area proposed
1: The following persons may make written submissions on a proposal under section 31 section 32
a: every owner of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
b: any occupier of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
c: every person having a registered interest in the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the relevant territorial authority and regional council:
f: the appropriate iwi.
2: The submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
3: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu area.
4: If the Trust considers that an historic area proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic area should be registered.
32B: Registration may be confirmed by agreement
The Trust or the Council (as the case may be) may confirm the registration of the historic place, wahi tapu, historic area, or wahi tapu area at any time—
a: after notice of a proposal has been given under section 24(3)(b), section 25(3)(b), section 31(3)(b), or section 32(3)(b)
b: with the agreement of all owners and all persons holding a registered interest.
32C: When registration occurs
1: An historic place, a wahi tapu, an historic area, or a wahi tapu area is registered when—
a: either—
i: the Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) has confirmed its registration; or
ii: its registration has been confirmed by agreement under section 32B
b: every owner of the historic place, wahi tapu, historic area, or wahi tapu area has received a notice under subsection (2)(b)
2: The Trust or the Council (as the case may require) must—
a: publicly notify the registration; and
b: give written notice of the registration to any person that has been given notice under section 24(3)(b), section 25(3)(b), section 31(3)(b), or section 32(3)(b)
32D: Territorial authorities and regional councils must have particular regard to recommendations
1: In respect of any registered historic area, the Trust may make recommendations to the territorial authority and regional council where the historic area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the historic area.
2: In respect of any registered wahi tapu area, the Council may make recommendations to the territorial authority and regional council where the wahi tapu area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the wahi tapu area.
3: A territorial authority or regional council receiving recommendations under subsection (1) or subsection (2)
15: Proposals affecting registered wahi tapu areas
Section 33(2) the relevant regional council, authority,
16: Records to be supplied to territorial authorities
Section 34(2)(b) section 30(2)(b) of this Act section 32C(2)(b) or section 37(7) or section 37A(b)
17: New sections 37 and 37A substituted
Section 37
37: Review, variation, or removal of registration
1: The Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) may, at any time, review the registration of the historic place, historic area, wahi tapu, or wahi tapu area.
2: Any person may—
a: apply to the Trust for a review of the registration of any historic place or historic area:
b: apply to the Council for a review of the registration of any wahi tapu or wahi tapu area.
3: However, no person may apply for a review of a registration within 3 years after the date of—
a: the registration; or
b: the last review of the registration.
4: An application for the review of a registration must be made in the prescribed form (if any) and state the grounds for review.
5: An application for the review of registration must be considered by the Trust or the Council (as the case may be) not later than 1 year after the date of its receipt by the Trust or the Council.
6: However, the Trust or the Council (as the case may be)—
a: may decline to consider any application that does not state any grounds for review or if it considers that the grounds stated are insufficient to justify a review; and
b: must notify the applicant of its decision in writing.
7: If the Trust or the Council decides to review a registration (whether on its own initiative or as a result of an application), the Trust or the Council (as the case may be) must conduct the review in the same manner as if it were a proposal for registration or an application to enter on the Register (as appropriate) under this Act.
8: When its review is completed, the Trust or the Council (as the case may be) may—
a: vary the registration; or
b: remove the registration; or
c: confirm the registration; or
d: in the case of an historic place, change or confirm the category of registration.
9: If the Trust has, as part of its review, publicly notified a proposal to change the category of a registered historic place to Category I,—
a: the Trust may apply section 194 of the Resource Management Act 1991
b: if the Trust applies section 194 of the Resource Management Act 1991 section 195 of that Act
37A: Removal of registration in cases of destruction or demolition
If an historic place, a wahi tapu, an historic area, or a wahi tapu area is destroyed or demolished, the Trust or the Council (as the case may be)—
a: may, after making any inquiries that it sees fit, remove the registration of that historic place, wahi tapu, historic area, or wahi tapu area; and
b: must, as soon as practicable after removing a registration, notify in writing the relevant territorial authority and regional council.
18: Functions of Trust
1: Section 39(a) wahi tapu, conserve
2: Section 39(b) wahi tapu, of
3: Section 39(d) wahi tapu, of
19: New section 42 substituted
Section 42
42: Membership of Board
1: The membership of the Board consists of 9 persons, of whom—
a: 3 are elected by the members of the Trust in accordance with regulations made under section 113(a)
b: 6 are appointed by the Minister.
2: The persons appointed under subsection (1)(b)
3: At least 3 of the persons appointed under subsection (1)(b)
4: One of the persons appointed under subsection (1)(b)
5: The appointments made under subsections (1)(b) and (4) Crown Entities Act 2004
20: Term of office of elected members of Board
Section 43(2) section 42(c) section 42(1)(a)
21: Section 51 repealed
Section 51
22: Powers of Trust
Section 54(2) paragraph (l)
l: appoint and remove Board committees and their members, and establish and disestablish Branch committees: .
23: Rules of Trust
1: Section 60(1)(d) disestablishment, establishment,
2: Section 60(1)(e) and branch committees
3: Section 60(1) paragraph (e)
ea: providing for the election and removal of members of branch committees: .
24: Maori Heritage Council
Section 84 subsection (2)
2: The membership of the Council consists of—
a: 3 members of the Board who have been appointed in accordance with section 42(3)
b: 1 member of the Board who has been either appointed or elected under section 42(1)
c: 4 persons who—
i: are Maori; and
ii: have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council; and
iii: are appointed by the Minister after consultation with the Minister of Maori Affairs and the Board.
25: Strict liability and defences
Section 106(2)(b) either
2: Transitional provisions
26: Transitional provisions
1: A person elected to the Board under the principal Act before the commencement of this Act continues in office until new elections are held under regulations made under section 113(a)
2: Any appointment to the Board under the principal Act before the commencement of this Act expires when this Act comes into force.
3: Any appointment to the Council made—
a: under section 84(2)(a) (b) (c)
b: by the Minister under the principal Act before the commencement of this Act expires when the term of that appointment ends.