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Resource Management Act 1991

Designations and heritage orders - Heritage orders

194: Interim effect of requirement

You could also call this:

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

When a heritage protection authority wants a heritage order, you must follow some rules. If you want to do something that might stop the heritage order from working, you need to get written permission from the heritage protection authority first. This rule applies from the day the authority gives notice under sections like section 145, section 189, or section 189A, or when a territorial authority decides to include a heritage order in its district plan under clause 4 of Schedule 1.

The rules stop applying on the day the requirement is withdrawn, cancelled, or the heritage order is included in the district plan. If you break these rules, you will not get in trouble unless you knew or should have known about the heritage order requirement. You should be aware of these rules to avoid any issues.

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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 Environment and resources > Town planning Arts and culture > Heritage protection
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193A: Land subject to existing heritage order or designation, or

"Rules for land with special heritage protection"

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"Appealing heritage protection decisions about land use"

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).