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Resource Management Act 1991

Designations and heritage orders - Heritage orders

187: Meaning of heritage order and heritage protection authority

You could also call this:

“What 'heritage order' and 'heritage protection authority' mean in the law”

When you hear the term ‘heritage order’, it means a rule in a district plan that is made to follow a requirement from a heritage protection authority under section 189 or section 189A. A heritage protection authority is a group or person that helps protect important heritage sites. This can include Ministers of the Crown, local authorities, Heritage New Zealand Pouhere Taonga, or a body corporate approved under section 188.

You might wonder who these groups are. They can be the Minister of Conservation or the Minister for Māori Development, acting on their own or on a recommendation. They can also be a local authority, like a city council, acting on their own or on a recommendation from an iwi authority. Heritage New Zealand Pouhere Taonga is also a heritage protection authority when it carries out certain functions under the Heritage New Zealand Pouhere Taonga Act 2014.

These authorities play a crucial role in protecting New Zealand’s heritage. They help make sure that important sites are preserved for future generations. When a heritage protection authority makes a requirement under section 189 or section 189A, it can lead to a heritage order being created.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236705.


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Part 8 Designations and heritage orders
Heritage orders

187Meaning of heritage order and heritage protection authority

  1. In this Act—

    heritage order means a provision made in a district plan to give effect to a requirement made by a heritage protection authority under section 189 or section 189A

      heritage protection authority means—

      1. any Minister of the Crown including—
        1. the Minister of Conservation acting either on his or her own motion or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and
          1. the Minister for Māori Development acting either on his or her own motion or on the recommendation of an iwi authority:
          2. a local authority acting either on its own motion or on the recommendation of an iwi authority:
            1. Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)(i) of the Heritage New Zealand Pouhere Taonga Act 2014:
              1. a body corporate that is approved as a heritage protection authority under section 188.

              Notes
              • Section 187 heritage order: amended, on , by section 100(1) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 187 heritage protection authority paragraph (a)(ii): amended, on , by section 60 of the Resource Management Amendment Act 2020 (2020 No 30).
              • Section 187 heritage protection authority paragraph (c): replaced, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
              • Section 187 heritage protection authority paragraph (d): amended, on , by section 100(2) of the Resource Management Amendment Act 1993 (1993 No 65).