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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:

“Apply to protect a special New Zealand place or site”

You can apply to be a heritage protection authority if you want to protect a special place. You need to fill out a form and send it to the Minister. The Minister will look at your application and might ask for more information.

The Minister can approve your application if they think you can protect the place. They will put a notice in the Gazette to say you are approved. The Minister can also stop your approval if they think you are not doing a good job.

If the Minister stops your approval, they will take over your responsibilities. This is explained in section 192. You will not be able to make decisions about the special place anymore.

The Minister wants to make sure the special place is protected. They will check if you can do a good job of protecting it. You need to show the Minister that you can take care of the place and its responsibilities.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning Arts and culture > Heritage protection
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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).