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Resource Management Act 1991

Designations and heritage orders - Heritage orders

191: Recommendation by territorial authority

You could also call this:

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

When you are considering a heritage order, the territorial authority looks at the notice given under section 189 and any other information they have. They think about whether the place is worth protecting and whether the order is necessary to protect it. They also consider if the area around the place needs to be included in the order to protect it.

The territorial authority thinks about what the law says in the Resource Management Act 1991 and other plans that affect the place. They can recommend that the heritage order be confirmed, with or without changes, or that it be withdrawn.

If they recommend confirming the order, they can also suggest conditions, such as the heritage protection authority paying for any extra upkeep costs. The territorial authority must give reasons for their recommendation.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning Arts and culture > Heritage protection
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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"

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192: Application of other sections, or

"Other law rules apply when dealing with heritage orders"

Part 8 Designations and heritage orders
Heritage orders

191Recommendation by territorial authority

  1. Subject to Part 2, when considering a requirement made under section 189, a territorial authority shall have regard to the matters set out in the notice given under section 189 (together with any further information and reports with which the authority is supplied), and all submissions, and shall also have particular regard to—

  2. whether the place merits protection; and
    1. whether the requirement is reasonably necessary for protecting the place to which the requirement relates; and
      1. whether the inclusion in the requirement of any area of land surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place; and
        1. all relevant provisions of any national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, or district plan; and
          1. section 189(1); and
            1. as appropriate, management plans or strategies approved under any other Act which relate to the place.

              1. After considering a requirement made under section 189, the territorial authority may recommend—

              2. that the requirement be confirmed, with or without modifications; or
                1. that the requirement be withdrawn.

                  1. In recommending the confirmation of a requirement under subsection (2)(a), the territorial authority may recommend the imposition of—

                  2. a condition that the heritage protection authority reimburse the owner of the place for any additional costs of upkeep of the place required as a result of the making of the heritage order:
                    1. such other conditions as the territorial authority considers appropriate.

                      1. The territorial authority shall give reasons for a recommendation made under subsection (2).

                      Notes
                      • Section 191(1): amended, on , by section 114 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 191(1): amended, on , by section 104(a) of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 191(1)(e): amended, on , by section 104(b) of the Resource Management Amendment Act 1993 (1993 No 65).