Resource Management Act 1991

Designations and heritage orders - Heritage orders

195: Appeals relating to sections 193 and 194

You could also call this:

"Appealing heritage protection decisions about land use"

If you want to do something with land that has a heritage order or requirement, but you are not allowed to, you can appeal. You can appeal if you were refused consent by a heritage protection authority under section 193 or section 194, or if you were given consent with conditions. You can appeal to the Environment Court against the refusal or the conditions.

When you appeal, you need to give notice that states why you are appealing and what you want to happen. Your notice must also include any other information that the regulations say you need to provide. You need to lodge your notice with the Environment Court and serve it on the heritage protection authority within 15 working days of receiving their decision under section 193 or section 194.

The Environment Court will consider your appeal and think about whether the decision caused you serious hardship or made the land unusable. They will also think about how they can change the decision without making the heritage order or requirement useless. The court can then confirm, reverse, or modify the decision as they see fit.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236739.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use

194: Interim effect of requirement, or

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

195A: Alteration of heritage order, or

"Changing a Heritage Order: How to Make Changes to Protected Sites"

Part 8Designations and heritage orders
Heritage orders

195Appeals relating to sections 193 and 194

Any person who—
proposes to do anything in relation to land that is subject to a heritage order or requirement for a purpose which, but for the heritage order or requirement, would be lawful; and
has been refused consent to undertake that use by a heritage protection authority under section 193 or section 194, or has been granted such consent subject to conditions—

Environment Court

Notice of an appeal under this section shall—
state the reasons for the appeal and the relief sought; and
state any matters required to be stated by regulations; and
be lodged with the Environment Court and served on the heritage protection authority whose decision is appealed against, within 15 working days of receiving the heritage protection authority's decision under section 193 or section 194.

In considering an appeal under this section, the court shall have regard to—
whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
whether the decision appealed against would render the land which is subject to the heritage order or requirement incapable of reasonable use; and
the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or heritage order—

court

Notes

Section 195(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 195(2)(c): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 195(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).