Resource Management Act 1991

Designations and heritage orders - Heritage orders

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

You could also call this:

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

If a territorial authority wants to make a heritage order, it must follow certain steps. You can think of a heritage order like a special rule to protect important historic places or areas. The territorial authority must decide how to notify people about the proposed heritage order. It must consider the matters set out in section 191 and all submissions when deciding what to do with the heritage order. The territorial authority can then confirm, modify, or withdraw the heritage order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236722.


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189: Notice of requirement to territorial authority, or

"Asking the council to protect a special place"


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190: Further information, notification, submissions, and hearing for notice of requirement to territorial authority, or

"What happens when a council gets a notice of requirement: how you can have a say and be heard"

Part 8 Designations and heritage orders
Heritage orders

189ANotice of requirement for heritage order by territorial authority

  1. This section applies if a territorial authority decides to issue a notice of requirement for a heritage order within its own district for the purposes described in section 189(1) and (2).

  2. The territorial authority must decide whether to notify the notice of requirement under—

  3. subsection (2A); or
    1. sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF, which apply with all necessary modifications and as if—
      1. a reference to an application or notice were a reference to the notice of requirement; and
        1. a reference to an applicant, the Minister, or the EPA were a reference to the territorial authority; and
          1. a reference to an activity were a reference to the heritage order.
          2. Despite section 149ZCB(1), a territorial authority must publicly notify the notice if—

          3. it has not already decided whether to give public or limited notification of the notice; and
            1. either—
              1. further information is requested from the territorial authority under section 92(1), but the territorial authority—
                1. does not provide the information before the deadline concerned; or
                  1. refuses to provide the information; or
                  2. the territorial authority is notified under section 92(2)(b) in relation to the commissioning of a report, but the territorial authority—
                    1. does not respond before the deadline concerned; or
                      1. refuses to agree to the commissioning of the report.
                    2. Subsection (2A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.

                    3. Section 189 applies to the notice of requirement with all necessary modifications.

                    4. If the requirement is publicly notified, any person may make a submission about it to the territorial authority.

                    5. If the requirement is the subject of limited notification, a person notified may make a submission about it to the territorial authority.

                    6. A submission must be in the prescribed form.

                    7. A submission must be served on the territorial authority within the time allowed by section 97, which applies with all necessary modifications.

                    8. A submission may state whether—

                    9. it supports the requirement; or
                      1. it opposes the requirement; or
                        1. it is neutral.
                          1. Sections 99 to 103 apply to the notice of requirement with all necessary modifications and as if—

                          2. a reference to a resource consent were a reference to the requirement; and
                            1. a reference to an applicant or a consent authority were a reference to the territorial authority; and
                              1. a reference to an application for a resource consent were a reference to the notice of requirement; and
                                1. a reference to an activity were a reference to the heritage order.
                                  1. However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

                                  2. if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
                                    1. if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
                                      1. if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.
                                        1. In considering the requirement, the territorial authority must have regard to—

                                        2. the matters set out in section 191; and
                                          1. all submissions.
                                            1. The territorial authority may—

                                            2. confirm the requirement, with or without conditions; or
                                              1. modify the requirement, with or without conditions; or
                                                1. withdraw the requirement.
                                                  Notes
                                                  • Section 189A: replaced, on , by section 112 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                  • Section 189A(2): replaced, on , by section 160(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                  • Section 189A(2A): inserted, on , by section 160(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                  • Section 189A(2B): inserted, on , by section 160(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                  • Section 189A(9): replaced, on , by section 160(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                  • Section 189A(9A): inserted, on , by section 113 of the Resource Management Amendment Act 2013 (2013 No 63).