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Resource Management Act 1991

Transitional provisions - Existing uses

421: Protection notices to become heritage orders

You could also call this:

“Notices to protect special places will become stronger rules called heritage orders under the new law.”

If you have a protection notice under the Historic Places Act 1980, it might become a heritage order. This happens when the Resource Management Act 1991 starts. You need to know what kind of scheme the notice is part of.

If the notice is in a district scheme or combined scheme, it becomes a heritage order in the district plan. You can find more information about this in the section 192 of the Act. The notice will be part of the district plan, except if it is in a coastal marine area, where it will be cancelled.

If the notice is not in a scheme, something different happens. If it is in a coastal marine area, the notice will be withdrawn. Otherwise, the territorial authority must include a heritage order in the district plan without using the process in Schedule 1. You can also find more information about heritage orders in section 189 and section 422 of the Act.

This applies even if someone is taking the notice to court. The Environment Court or other courts might be involved. The rules still apply in these situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240639.

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Part 15 Transitional provisions
Existing uses

421Protection notices to become heritage orders

  1. The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 which, immediately before the commencement of this Act, is included in an operative district scheme or combined scheme under section 125B(10) of the Town and Country Planning Act 1977, or the corresponding provisions of any former enactment, namely:

  2. to the extent that the notice has effect within the coastal marine area, the notice shall be deemed to be cancelled:
    1. except as provided in paragraph (a), the notice shall be deemed to be a heritage order included in the relevant district plan, and the provisions of this Act shall apply accordingly.

      1. The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 which, immediately before the date of commencement of this Act, has not been included in an operative district scheme or combined scheme under section 125B(10) of the Town and Country Planning Act 1977, namely—

      2. to the extent that the notice has effect within a coastal marine area, the notice shall be deemed to be withdrawn:
        1. except as provided in paragraph (a),—
          1. in a case where a territorial authority has an obligation under section 125B(10) of that Act to include the notice in an operative district scheme or combined scheme but has not done so, the territorial authority shall, as soon as reasonably practicable and without using the process in Schedule 1, include a heritage order in respect of the notice in the relevant district plan in accordance with section 192:
            1. in any other case, the notice shall be deemed to be a requirement for a heritage order that has been notified under section 189, and section 422 shall apply to it.

            2. Subsection (2)(a) shall apply whether or not the notice is the subject of any proceedings before a territorial authority, the Environment Court, or any other court.

            Notes
            • Section 421(2)(b)(i): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 421(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).