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Resource Management Act 1991

Designations and heritage orders - Heritage orders

195A: Alteration of heritage order

You could also call this:

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

If you’re responsible for a heritage order, you can ask to change it at any time. You need to tell the local council about the changes you want to make.

When you ask to change a heritage order, the same rules apply as when you ask for a new one. These rules are explained in other parts of the law.

Sometimes, the local council can make small changes to a heritage order without following all the usual steps. They can do this if:

  1. The change only has a small effect on the environment, or it’s just a small change to the area the order covers.
  2. The council has told all the owners and people living on the affected land about the change, and they agree to it.
  3. The council and the group protecting the heritage agree to the change.

If the council makes a small change like this, they don’t have to follow all the usual steps for changing a heritage order.

These rules also apply if the local council wants to change its own heritage order in its area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420460.

Topics:
Environment and resources > Conservation
Housing and property > Land use
Government and voting > Local councils
Arts and culture > Heritage protection
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“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.”

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“The Minister can give the job of protecting important places to someone else, but there are rules to follow.”

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).