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New Zealand law explained for everyone

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

When a territorial authority decides to issue a notice of requirement for a heritage order in its own district, it needs to follow certain rules. You need to know that the authority must choose how to notify the public about this notice. They can either notify it in a specific way or follow a set of rules that apply to different kinds of applications.

Sometimes, the authority must tell everyone about the notice. This happens if they haven’t decided how to notify people yet, and if they don’t provide information when asked or refuse to agree to a report being made.

If the notice is made public, anyone can share their thoughts about it with the authority. If only certain people are told about it, only those people can give their opinions. These opinions must be in the right form and given to the authority within a set time.

When the authority is thinking about the requirement, they need to consider certain things and all the opinions they received. In the end, they can agree to the requirement (with or without conditions), change it, or cancel it completely.

There are also rules about when the authority needs to start discussing the requirement. The timing depends on whether they told people about it and how they decided to handle it.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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).