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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Obligations arising in respect of customary marine title planning documents

89: Obligation on Heritage New Zealand Pouhere Taonga

You could also call this:

"Heritage New Zealand must consider plans when you want to change or destroy old sites"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

If a group lodges a planning document with Heritage New Zealand Pouhere Taonga, they must consider the document when you apply to destroy or modify an archaeological site. This is under section 44 of the Heritage New Zealand Pouhere Taonga Act 2014. You can appeal a decision under section 58 and the Environment Court will consider the planning document.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213418.

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Environment and resources > ConservationEnvironment and resources > Town planningArts and culture > Heritage protection
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Part 3Customary interests
Customary marine title: Obligations arising in respect of customary marine title planning documents

89Obligation on Heritage New Zealand Pouhere Taonga

  1. If a customary marine title group lodges a planning document with Heritage New Zealand Pouhere Taonga, on and after the date that the planning document is registered,—

  2. Heritage New Zealand Pouhere Taonga must have particular regard to matters set out in the document that relate to the functions of Heritage New Zealand Pouhere Taonga when considering an application under section 44 of the Heritage New Zealand Pouhere Taonga Act 2014 to destroy or modify an archaeological site within the customary marine title area of the group; and
    1. in the event of an appeal under section 58 of that Act against a decision of Heritage New Zealand Pouhere Taonga made under paragraph (a), the Environment Court must have particular regard to the planning document.

      Notes
      • Section 89 heading: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
      • Section 89: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
      • Section 89(a): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
      • Section 89(b): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).