Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
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.”
You could also call this:

“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.”

If you want to do something on land that has a heritage order or requirement, but you’re not allowed to because of that order, you can ask for permission. If the heritage protection authority says no, or says yes but with conditions you don’t like, you can appeal to the Environment Court.

To appeal, you need to write down why you’re appealing and what you want to happen. You also need to include any other information that the rules say you must include. You have to send this to the Environment Court and to the heritage protection authority within 15 working days of getting their decision.

When the court looks at your appeal, they’ll think about a few things. They’ll consider if the decision is causing you serious problems, if it means you can’t use the land in a reasonable way, and if they can change the decision without getting rid of the heritage order or requirement completely. The court can then agree with the original decision, reverse it, or change it in a way they think is fair.

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 It might be out of date or be missing some parts.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

Next up: 195A: Alteration of heritage order

or “How to change an order that protects important old places or things”
Next

Part 8 Designations and heritage orders
Heritage orders

195Appeals relating to sections 193 and 194

  1. Any person who—

  2. 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
    1. 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—
        1. may appeal to the Environment Court against the refusal or the conditions.

      1. Notice of an appeal under this section shall—

      2. state the reasons for the appeal and the relief sought; and
        1. state any matters required to be stated by regulations; and
          1. 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.

            1. In considering an appeal under this section, the court shall have regard to—

            2. whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
              1. whether the decision appealed against would render the land which is subject to the heritage order or requirement incapable of reasonable use; and
                1. the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or heritage order—
                    1. and may confirm or reverse the decision appealed against or modify the decision in such manner as the court thinks fit.

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