Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

189: Notice of requirement to territorial authority

You could also call this:

"Telling your local council to protect a special place"

Illustration for Resource Management Act 1991

You can protect a special place by giving notice to your local council. This notice is for a heritage order to protect a place of special interest. The place can be special because of its culture, architecture, or history. You can also protect the area around the special place. This is so you can enjoy the place without it being hurt. Some groups cannot give notice to protect private land. Private land is land owned by someone, not the government. If you want to stop protecting a place, you can withdraw your notice. You must tell your local council in writing. Your local council will then tell the public and the people affected. The government, or Crown, includes the Queen and government departments. Private land is land held by someone, not the Crown, and includes Maori land and leased land.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

This page was last updated on — View changes

Topics:
Environment and resources > ConservationEnvironment and resources > Heritage protectionGovernment and voting > Local councilsArts and culture > Heritage protection
Previous

188: Application to become heritage protection authority, or

"Apply to protect a special New Zealand place or site"

Next

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

"A council wants to protect a special historic place, so it must tell people and follow the rules."

Part 8Designations 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).