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Resource Management Act 1991

Designations and heritage orders - Heritage orders

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

You could also call this:

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

If a territorial authority gets a notice of requirement under section 189, it must decide whether to notify the public. The territorial authority must follow certain rules, which are explained in sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF. These rules help the territorial authority make a decision about the notice.

If the territorial authority decides to notify the public, anyone can make a submission about it. You can say whether you support or oppose the requirement, or if you are neutral. Your submission must be in a certain form and given to the territorial authority within a certain time, as explained in section 97. You must also give a copy of your submission to the heritage protection authority.

The territorial authority will consider all submissions and make a decision. It will follow the same rules as it would for a resource consent, as explained in sections 92 to 92B and 98 to 103. There will be a hearing, and the date for the hearing will depend on whether the notice was notified to the public. The hearing date might be within 25 working days after the notice was given, or within 40 working days after the submissions closed, depending on the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236725.

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

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191: Recommendation by territorial authority, or

"The council decides if a special protection order for a heritage place is a good idea and makes a recommendation."

Part 8 Designations and heritage orders
Heritage orders

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

  1. If a territorial authority is given a notice of requirement under section 189, the territorial authority must decide whether to notify the notice under—

  2. subsection (1A); 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 were a reference to the heritage protection authority; and
          1. a reference to 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. the territorial authority requests further information from the heritage protection authority under section 92(1), but the heritage protection authority—
                  1. does not provide the information before the deadline concerned; or
                    1. refuses to provide the information; or
                    2. the territorial authority notifies the heritage protection authority under section 92(2)(b) that it wants to commission a report, but the heritage protection authority—
                      1. does not respond before the deadline concerned; or
                        1. refuses to agree to the commissioning of the report.

                      2. Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.

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

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

                      5. A submission must be in the prescribed form.

                      6. A submission must be served on the territorial authority within the time allowed by section 97, which applies with all necessary modifications, and a copy of the submission must be served on the heritage protection authority as soon as is reasonably practicable after the submission is served on the territorial authority.

                      7. A submission may state whether—

                      8. it supports the requirement; or
                        1. it opposes the requirement; or
                          1. it is neutral.

                            1. Sections 92 to 92B and 98 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 were a reference to the heritage protection 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 a consent authority were a reference to the territorial authority; and
                                    1. a reference to an activity were a reference to the heritage order; and
                                      1. a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 191.

                                        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 to 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.

                                              Notes
                                              • Section 190: replaced, on , by section 113 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 190(1): replaced, on , by section 161(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 190(1A): inserted, on , by section 161(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 190(1B): inserted, on , by section 161(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 190(7): replaced, on , by section 161(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 190(8): inserted, on , by section 114(3) of the Resource Management Amendment Act 2013 (2013 No 63).