Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
189A: Notice of requirement for heritage order by territorial authority
or “A council can ask for a building or place to be protected and must tell people about it”
You could also call this:

“ This law explains how a local council handles requests for protecting important places, including getting more information, telling people about it, and listening to what they have to say. ”

When a territorial authority receives a notice of requirement, they need to decide how to notify people about it. They can choose to notify the public or limit who they tell. If they ask for more information from the heritage protection authority and don’t get it, or if the authority refuses to agree to a report, the territorial authority must tell everyone about the notice.

If everyone is told about the requirement, anyone can give their thoughts on it to the territorial authority. If only some people are told, those people can share their views. These thoughts must be given in a special form and within a certain time. People must also send a copy of their thoughts to the heritage protection authority.

When giving their thoughts, people can say if they support, oppose, or are neutral about the requirement. The territorial authority can ask for more information about the requirement, just like they would for a resource consent.

The territorial authority must start a hearing about the requirement within a certain time. This depends on whether people were told about it and if the authority asked for more information to be prepared before the hearing.

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 It might be out of date or be missing some parts.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

Next up: 191: Recommendation by territorial authority

or “A local council looks at information and decides if a special place should be protected.”
Next

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).