Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Heritage orders

197: Compulsory acquisition powers

You could also call this:

“Explains how the government can take over land to protect important historical places”

If a heritage protection authority needs to buy land to carry out a heritage order, it’s treated the same as buying land for a public work under the Public Works Act 1981.

If the heritage protection authority isn’t the government or a local council, the rules in section 186 apply to them. These rules are usually for network utility operators (like power or water companies), but in this case, they apply to the heritage protection authority instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236744.

Topics:
Housing and property > Land use
Arts and culture > Heritage protection
Government and voting > Local councils
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196: Removal of heritage order, or

“Explains how to take away special protection from important places and things”

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198: Environment Court may order land taken, etc, or

“The court can decide if land with special rules can be sold or taken for public use if the owner can't use it normally.”

Part 8 Designations and heritage orders
Heritage orders

197Compulsory acquisition powers

  1. The acquisition of land by a heritage protection authority for the purposes of giving effect to a heritage order shall be deemed to be an acquisition of land, or an interest in land, for a public work for the purposes of the Public Works Act 1981.

  2. Where a heritage protection authority is neither the Crown nor a local authority, section 186 shall apply, with all necessary modifications, as if every reference to a network utility operator were a reference to a heritage protection authority.