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Resource Management Act 1991

Designations and heritage orders - Heritage orders

191: Recommendation by territorial authority

You could also call this:

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

When you are thinking about protecting a special place, you need to look at all the information given to you. This includes what people have said about it and any extra details you have. You need to think about whether the place is worth protecting and if the protection is really needed. You also need to decide if the area around the place needs to be protected too, so people can enjoy it properly.

You should check if the protection fits with any big plans for the country, the coast, or your local area. You also need to think about why someone wants to protect the place and if there are any other plans that talk about looking after it.

After you’ve thought about all of this, you can suggest to either go ahead with the protection (maybe with some changes) or to not do it at all. If you say yes to the protection, you might want to add some rules. For example, you could say that the person who wants to protect the place should pay the owner for any extra costs of looking after it. You can also add other rules you think are important.

Whatever you decide, you need to explain why you made that choice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236729.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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190: Further information, notification, submissions, and hearing for notice of requirement to territorial authority, or

“ 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. ”

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192: Application of other sections, or

“This part explains which rules for designations also apply to heritage orders, treating heritage protection authorities like requiring authorities.”

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).