Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

193: Effect of heritage order

You could also call this:

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

When a heritage order is part of a district plan, you can’t do certain things without getting written permission from the heritage protection authority named in the plan. This applies even if other plans or resource consents say otherwise.

You need to get this permission before you:

  • Use the land in any way
  • Divide the land into smaller parts
  • Change how you use the land, including how much you use it or how intensively you use it

These rules are in place to make sure that nothing you do cancels out or weakens the effect of the heritage order. The heritage protection authority is there to help protect important heritage sites, so they need to approve any changes that might affect these sites.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236733.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Housing and property > Land use
Arts and culture > Heritage protection
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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.”

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193A: Land subject to existing heritage order or designation, or

“Rules for when two different groups want to protect the same piece of land”

Part 8 Designations and heritage orders
Heritage orders

193Effect of heritage order

  1. Where a heritage order is included in a district plan then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the relevant heritage protection authority named in the plan in respect of the order, do anything including—

  2. undertaking any use of land; and
    1. subdividing any land; and
      1. changing the character, intensity, or scale of the use of any land—
          1. that would wholly or partly nullify the effect of the heritage order.

        Notes
        • Section 193(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).