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Resource Management Act 1991

Designations and heritage orders - Heritage orders

188: Application to become heritage protection authority

You could also call this:

“Organisations can ask the government for permission to protect special places”

If you are a group that cares about protecting a special place, you can ask the Minister to make you a heritage protection authority. A special place can be a building, an area, or even part of a structure.

To become a heritage protection authority, you need to fill out a form and send it to the Minister. The Minister might ask you questions or want more information before deciding.

If the Minister thinks you’re right for the job, they will announce it in the Gazette (a special government newspaper). They might also give you some rules to follow or ask you to promise to do certain things.

The Minister will only make you a heritage protection authority if they believe you can do a good job of protecting the place and handle all the responsibilities, including money matters.

If the Minister later thinks you’re not doing a good job or can’t handle the responsibilities, they can take away your status as a heritage protection authority. They will announce this in the Gazette too.

If your group stops being a heritage protection authority or if your group stops existing, all your jobs and powers for protecting heritage will go to the Minister.

You can find more information about heritage orders in sections 189 and 191.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236712.

Topics:
Environment and resources > Conservation
Housing and property > Land use
Government and voting > Government departments
Arts and culture > Heritage protection
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187: Meaning of heritage order and heritage protection authority, or

“A heritage order is a rule in a district plan that protects important places, and a heritage protection authority is a person or group who can ask for this protection.”

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189: Notice of requirement to territorial authority, or

“This law explains how special groups can ask the local council to protect important places and the land around them.”

Part 8 Designations and heritage orders
Heritage orders

188Application to become heritage protection authority

  1. Any body corporate having an interest in the protection of any place may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place.

  2. For the purpose of this section, and sections 189 and 191, place includes any feature or area, and the whole or part of any structure.

  3. The Minister may make such inquiry into the application and request such information as he or she considers necessary.

  4. The Minister may, by notice in the Gazette, approve an applicant under subsection (1) as a heritage protection authority for the purpose of protecting the place and on such terms and conditions (including provision of a bond) as are specified in the notice.

  5. The Minister shall not issue a notice under subsection (4) unless he or she is satisfied that—

  6. the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and
    1. the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.

      1. Where the Minister is satisfied that—

      2. a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or
        1. a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act,—
            1. the Minister shall, by notice in the Gazette, revoke an approval given under subsection (4).

          1. Upon—

          2. the revocation of the approval of a body corporate under subsection (6); or
            1. the dissolution of any body corporate approved as a heritage protection authority under subsection (4)—
                1. all functions, powers, and duties of the body corporate under this Act in relation to any heritage order, or requirement for a heritage order, shall be deemed to be transferred to the Minister under section 192.

              1. Repealed
              Notes
              • Section 188 heading: amended, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(3): replaced, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(4): replaced, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(5): replaced, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(6): replaced, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(7): replaced, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 188(8): repealed, on , by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).