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Resource Management Act 1991

Designations and heritage orders - Heritage orders

189: Notice of requirement to territorial authority

You could also call this:

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

When a heritage protection authority wants to protect a special place, they can tell the local council about it. This is called giving a notice of requirement for a heritage order. The place they want to protect might be important because of how it looks, what it means to people, or its history. They can also protect the land around this place if it’s needed to keep the place safe and enjoyable.

If the heritage protection authority is a special group approved under [section 188], they can’t give a notice for private land. Private land is land that regular people own, not the government.

A place can be special for many reasons. It might have cultural, architectural, historical, scientific, or ecological importance.

The heritage protection authority can change their mind and take back their notice. If they do this, they need to tell the local council in writing. The council then has to tell everyone about this change, including the people who were told about the original notice.

In this law, “Crown” means the government and includes different parts of the government like departments, state-owned businesses, and local councils. “Private land” means land that people own themselves, including Māori land and land that people are renting or using with permission from the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236720.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Arts and culture > Heritage protection
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188: Application to become heritage protection authority, or

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

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189A: Notice of requirement for heritage order by territorial authority, or

“A council can ask for a building or place to be protected and must tell people about it”

Part 8 Designations and heritage orders
Heritage orders

189Notice of requirement to territorial authority

  1. A heritage protection authority may give notice in the prescribed form to a territorial authority of its requirement for a heritage order for the purpose of protecting—

  2. any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons; and
    1. such area of land (if any) surrounding that place as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place.

      1. However, a heritage protection authority that is a body corporate approved under section 188 must not give notice of a requirement for a heritage order in respect of any place or area of land that is private land.

      2. For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest.

      3. Repealed

      4. A heritage protection authority may withdraw a requirement under this section by giving notice in writing to the territorial authority affected.

      5. Upon receipt of notification under subsection (4), the territorial authority shall—

      6. publicly notify the withdrawal; and
        1. notify all persons upon whom the requirement has been served.

          1. In this section,—

            Crown includes—

            1. the Sovereign in right of New Zealand; and
              1. departments of State; and
                1. State enterprises named in Schedule 1 of the State-Owned Enterprises Act 1986; and
                  1. Crown entities within the meaning of section 7 of the Crown Entities Act 2004; and
                    1. the mixed ownership model companies named in Schedule 5 of the Public Finance Act 1989; and
                      1. local authorities within the meaning of the Local Government Act 2002

                        private land—

                        1. means any land held in fee simple by any person other than the Crown; and
                          1. includes—
                            1. Maori land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; and
                              1. land held by a person under a lease or licence granted to the person by the Crown.

                            Notes
                            • Section 189(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 189(1A): inserted, on , by section 98(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 189(3): repealed, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 189(6): inserted, on , by section 98(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).