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Resource Management Act 1991

Designations and heritage orders - Heritage orders

195A: Alteration of heritage order

You could also call this:

“Changing a Heritage Order: How to Make Changes to Protected Sites”

If you want to change a heritage order, you need to follow some rules. A heritage protection authority can ask a territorial authority to change a heritage order at any time. When this happens, some other parts of the law, like sections 189 to 195 and 198AA to 198AD, apply to the change.

A territorial authority can also change a heritage order if the change is minor and does not affect the environment much. You must tell the owners or occupiers of the land about the change and they must agree to it. The territorial authority and the heritage protection authority must also agree to the change.

If a territorial authority wants to change its own heritage order, it follows the same rules. Some parts of the law, like sections 189 to 195 and 198AA to 198AD, do not apply when a territorial authority makes a minor change to a heritage order.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning Arts and culture > Heritage protection
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Part 8 Designations and heritage orders
Heritage orders

195AAlteration of heritage order

  1. A heritage protection authority that is responsible for a heritage order may at any time give notice to the territorial authority of its requirement to alter the heritage order.

  2. Sections 189 to 195 and 198AA to 198AD apply, with all necessary modifications, to a requirement to alter a heritage order as if it were a requirement for a new heritage order.

  3. However, a territorial authority may at any time alter a heritage order in its district plan or a requirement in its proposed district plan if—

  4. the alteration—
    1. involves no more than a minor change to the effects on the environment associated with the heritage order concerned; or
      1. involves only minor changes or adjustments to the boundaries of the heritage order or requirement; and
      2. written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
        1. the territorial authority and the heritage protection authority agree with the alteration.

          1. Sections 189 to 195 and 198AA to 198AD do not apply to an alteration under subsection (3).

          2. This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own heritage order or requirement within its own district.

          Notes
          • Section 195A: inserted, on , by section 118 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 195A(2): amended, on , by section 115 of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 195A(4): amended, on , by section 115 of the Resource Management Amendment Act 2013 (2013 No 63).