Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

194: Interim effect of requirement

You could also call this:

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

When someone wants to protect a place or thing that’s important to New Zealand’s history, they can ask for a heritage order. This law explains what happens right after they ask for it.

If you’re the one asking for the heritage order, you might tell the Environmental Protection Authority or your local council about it. Sometimes, the local council might decide to ask for a heritage order themselves.

Once the request is made, nobody can do anything that would stop the heritage order from working properly. This rule starts as soon as the request is made and lasts until one of these things happens: the request is taken back, it’s cancelled, or the heritage order becomes part of the district plan.

If you want to do something that might affect the heritage order during this time, you need to get permission in writing from the people who asked for the heritage order.

It’s important to know that if you do something that affects the heritage order without permission, you’re only breaking the law if you knew about the request or if you should have known about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236736.

Topics:
Environment and resources > Conservation
Housing and property > Land use
Arts and culture > Heritage protection
Government and voting > Local councils
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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”

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195: Appeals relating to sections 193 and 194, or

“You can ask a special court to look at your case if you're not happy with decisions about using land that has special rules.”

Part 8 Designations and heritage orders
Heritage orders

194Interim effect of requirement

  1. This section applies when—

  2. a heritage protection authority gives notice of a requirement for a heritage order to the EPA under section 145:
    1. a heritage protection authority gives notice of a requirement for a heritage order to a territorial authority under section 189:
      1. a territorial authority decides to issue a notice of requirement for a heritage order within its own district under section 189A:
        1. a territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 of Schedule 1.

          1. In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would wholly or partly nullify the effect of the heritage order unless the person has the prior written consent of the heritage protection authority.

          2. The period starts,—

          3. for the purposes of subsection (1)(a), on the day on which the heritage protection authority gives notice under section 145:
            1. for the purposes of subsection (1)(b), on the day on which the heritage protection authority gives notice of the requirement under section 189:
              1. for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 189A:
                1. for the purposes of subsection (1)(d), on the day on which the territorial authority decides to include a requirement for a heritage order in its proposed district plan under clause 4 of Schedule 1.

                  1. The period ends on the earliest of the following days:

                  2. the day on which the requirement is withdrawn:
                    1. the day on which the requirement is cancelled:
                      1. the day on which the heritage order is included in the district plan.

                        1. A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement.

                        Notes
                        • Section 194: replaced, on , by section 117 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).