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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:

“Asking the council to protect a special place”

If you want to protect a special place, you can ask the territorial authority to make a heritage order. You need to give them notice in the prescribed form, which is a special way of writing the notice. This notice tells them why the place is special and why it needs to be protected.

A heritage protection authority can ask for a heritage order to protect a place that is special because of its history, culture, or natural beauty. The authority can also ask to protect the area around the place if it is necessary to keep the place safe. However, if the place is on private land and the heritage protection authority is a special group approved under section 188, they cannot ask for a heritage order.

You can withdraw your request for a heritage order by giving written notice to the territorial authority. When the territorial authority gets this notice, they must tell the public and the people who were affected by the original request.

In this law, the term “Crown” includes the government and its departments. “Private land” means land that is owned by someone other than the government, and it includes Maori land and land that is leased from the government. A heritage protection authority can give notice to protect a place that has special cultural, architectural, historical, scientific, ecological, or other interest.

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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 Housing and property > Land use Māori affairs > Māori land Arts and culture > Heritage protection
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188: Application to become heritage protection authority, or

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

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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 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).