Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

192: Application of other sections

You could also call this:

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

When someone asks for a heritage order under section 189 or 189A, other parts of the law also apply. These parts usually talk about designations and requiring authorities, but for heritage orders, we treat them differently.

Here’s how it works:

You can think of the heritage protection authority as if it were a requiring authority. The heritage order is treated like a designation. When these other parts of the law mention section 171, you should think of it as section 191 instead.

These are the other parts of the law that apply:

Section 172 is about decisions made by requiring authorities. For heritage orders, this means decisions made by heritage protection authorities.

Section 170 lets people choose to include requirements in proposed plans.

Section 173 says these decisions need to be shared with the public.

Section 174 allows people to appeal against these decisions if they don’t agree.

Section 175 talks about how designations are shown in district plans. For heritage orders, this means how heritage orders are shown in district plans.

Section 180 explains how designations can be transferred. This means heritage orders can also be transferred.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236731.

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

191: Recommendation by territorial authority, or

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

Next

193: Effect of heritage order, or

“A heritage order prevents people from changing protected land without permission from the authority in charge.”

Part 8 Designations and heritage orders
Heritage orders

192Application of other sections

  1. The following sections shall, with all necessary modifications, apply in respect of a requirement under section 189 or section 189A as if the heritage protection authority was a requiring authority, the heritage order was a designation, and references to section 171 were references to section 191:

  2. section 172, which relates to decisions of requiring authorities:
    1. section 170, which relates to the discretion to include requirements in proposed plans:
      1. section 173, which relates to public notification of such decisions:
        1. section 174, which relates to appeals against such decisions:
          1. section 175, which relates to the provision of designations in district plans:
            1. section 180, which relates to the transferability of designations.

                Notes
                • Section 192: amended, on , by section 105(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 192(aa): inserted, on , by section 105(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 192(f): repealed, on , by section 115 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).