Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Building work—Project information memoranda and building consents - Project information memoranda

39: Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances

You could also call this:

“The local council must tell the heritage group if someone wants to build near an important historical place.”

When you apply for a project information memorandum or a building consent, the local council (called a territorial authority) has to tell Heritage New Zealand Pouhere Taonga about it in some cases. This happens if your building work affects a special place that’s on the New Zealand Heritage List/Rārangi Kōrero. These special places can be historic places, historic areas, wāhi tapu, or wāhi tapu areas.

The council needs to tell Heritage New Zealand Pouhere Taonga if they haven’t told them about your building work before. They have to do this within 5 days of getting your application.

This rule helps protect important historical and cultural places in New Zealand. It makes sure that Heritage New Zealand Pouhere Taonga knows about any building work that might affect these special places.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306374.

Topics:
Housing and property > Home safety and repairs
Environment and resources > Town planning
Arts and culture > Heritage protection
Previous

38: Territorial authority must give copy of project information memorandum in certain circumstances, or

“The city council must share information they receive with the people who originally gave it to them.”

Next

40: Building work not to be carried out without consent, or

“You must get permission before you build anything, or you could be punished.”

Part 2 Building
Building work—Project information memoranda and building consents: Project information memoranda

39Territorial authority must advise Heritage New Zealand Pouhere Taonga in certain circumstances

  1. This section applies if—

  2. an application for a project information memorandum, or for a building consent, affects a historic place, historic area, wāhi tapu, or wāhi tapu area that has been entered on the New Zealand Heritage List/Rārangi Kōrero; and
    1. the territorial authority has not previously advised Heritage New Zealand Pouhere Taonga about the building work to which that application relates.

      1. The territorial authority must advise Heritage New Zealand Pouhere Taonga within 5 days after receiving the application.

      Compare
        Notes
        • Section 39: replaced, on , by section 14 of the Building Amendment Act 2009 (2009 No 25).
        • Section 39 heading: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
        • Section 39(1)(a): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
        • Section 39(1)(b): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
        • Section 39(2): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).