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Resource Management Act 1991

Designations and heritage orders - Heritage orders

193: Effect of heritage order

You could also call this:

“What you can and can't do to land with a heritage order”

If a heritage order is part of a district plan, you cannot do certain things without permission from the heritage protection authority. You need permission to use land in a new way, or to divide land into smaller parts. You also need permission to change how land is used, if this would affect the heritage order.

If you want to do something that might cancel out the heritage order, you must get written consent first. This rule applies even if other plans or resource consents say something different. The heritage protection authority will decide whether to give you permission, based on the heritage order in the district plan.

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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 > Town planning Arts and culture > Heritage protection
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192: Application of other sections, or

"Other law rules apply when dealing with heritage orders"

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

"Rules for land with special heritage protection"

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).