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Resource Management Act 1991

Transitional provisions - Existing uses

421: Protection notices to become heritage orders

You could also call this:

“Old protection notices for historic places become new rules to protect important buildings and sites”

When you see a protection notice that was included in an operating district or combined scheme before this law started, here’s what happens:

If the notice applies to the coastal marine area, it’s cancelled.

For all other areas, the notice becomes a heritage order in the district plan. The rules in this law will apply to it.

For protection notices that weren’t included in an operating district or combined scheme when this law started:

If it’s in the coastal marine area, the notice is withdrawn.

For other areas, if the local council was supposed to include the notice in their plan but didn’t, they need to add it as a heritage order to their district plan as soon as they can. They don’t need to use the usual process for this.

In all other cases, the notice becomes a request for a heritage order. It will be treated as if it was notified under section 189, and section 422 will apply to it.

These rules apply even if someone is arguing about the notice in court or with the local council.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Arts and culture > Heritage protection
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422: Procedure for requirements for designations and protection notices, or

“How local councils handle old and new requests for special land use or protection”

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).