Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

193A: Land subject to existing heritage order or designation

You could also call this:

“Rules for land with special heritage protection”

If you want to do something with land that already has a heritage order or designation, you need to follow some rules. You can only do things that are allowed by the new heritage order if you get written consent from the people in charge of the earlier order or designation. The people in charge of the earlier order or designation can do what they want without getting consent from you.

The people in charge of the earlier order or designation can say no to what you want to do, but only if they think it will stop a public work or project from happening, or if it will cancel out the effect of the earlier order. They make this decision based on the earlier designation or order. You have to work with the people in charge of the earlier order or designation to make sure you are following the rules.

You need to look at section 9(2) and sections 11 to 15 to understand what you can and cannot do with the land. The people in charge of the earlier order or designation have some flexibility to make decisions, as stated in section 193, but you still need to get their consent for certain things.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236734.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Housing and property > Land use
Previous

193: Effect of heritage order, or

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

Next

194: Interim effect of requirement, or

"What happens while we're deciding on a heritage protection order"

Part 8 Designations and heritage orders
Heritage orders

193ALand subject to existing heritage order or designation

  1. Subject to sections 9(2) and 11 to 15, where a heritage order is included in a district plan, and the land that is the subject of the heritage order is already the subject of an earlier heritage order or a designation,—

  2. the heritage protection authority responsible for the later heritage order may do anything that is in accordance with that heritage order only if that authority has first obtained the written consent of the authority responsible for the earlier order or designation; and
    1. the authority responsible for the earlier order or designation may, notwithstanding section 193 and without obtaining the prior written consent of the later heritage protection authority, do anything that is in accordance with the earlier order or designation.

      1. The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied—

      2. that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
        1. that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order.

          Notes
          • Section 193A: inserted, on , by section 106 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 193A(1): amended, on , by section 116 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).