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

When a heritage order is part of a district plan and affects land that already has an earlier heritage order or designation, there are special rules you need to follow.

If you’re responsible for the newer heritage order, you can only do things that match your order if you get written permission from the authority in charge of the earlier order or designation first.

However, if you’re in charge of the earlier order or designation, you can do anything that fits with your order or designation without needing permission from the newer heritage protection authority.

The authority with the earlier designation or order can say no to giving permission only in two situations. For an earlier designation, they can refuse if what you want to do would stop or make it harder to do the public work, project, or job the designation is about. For an earlier heritage order, they can refuse if what you want to do would completely or partly cancel out what the order is trying to do.

These rules are part of the sections 9(2) and 11 to 15 of the Resource Management Act 1991. The authority with the earlier order or designation can act without getting permission, even though section 193 usually requires consent.

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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 > Land use

Government and voting > Local councils

Housing and property > Land use

193: Effect of heritage order, or

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

194: Interim effect of requirement, or

“The law stops people from messing with a protected old building or place while it's being decided if it should be saved.”

Part 8 Designations and heritage orders
Heritage orders

193ALand subject to existing heritage order or designation

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,—
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
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.

The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied—
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
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 7 July 1993, by section 106 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 193A(1): amended, on 1 October 2009, by section 116 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).