1Sensitive land Empowered by s 12
Part 1What land is sensitive
What land is sensitive
Land is sensitive under this Act if—
Row | Land is sensitive if it is or includes this type of land | … and that type exceeds this area threshold (if any) | |||
---|---|---|---|---|---|
1 | residential land | — | |||
2 | non-urban land | 5 hectares | |||
3 | land on islands specified in Part 2 of this schedule | 0.4 hectares | |||
4 | land on other islands (other than North or South Island, but including the islands adjacent to the North or South Island) | — | |||
5 | marine and coastal area | — | |||
6 | bed of a lake | 0.4 hectares | |||
7 | land held for conservation purposes under the Conservation Act 1987 | 0.4 hectares | |||
8 | land that a district plan or proposed district plan under the Resource Management Act 1991 provides is to be used as a reserve, as a public park, for recreation purposes, or as open space | 0.4 hectares | |||
9 | land subject to a heritage order, or a requirement for a heritage order, under the Resource Management Act 1991 or by Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2014 | 0.4 hectares | |||
10 | a historic place, historic area, wahi tapu, or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 67(4) or 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014 | 0.4 hectares | |||
11 | land that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 1993 | 0.4 hectares |
Notes
- Schedule 1 Part 1 Table 1: amended, on , by section 32(2) of the Overseas Investment Amendment Act 2021 (2021 No 17).
- Schedule 1 Part 1 Table 1 item 1: inserted, on , by section 5(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).
- Schedule 1 Part 1 Table 1 item 5: amended, on , by section 32(1) of the Overseas Investment Amendment Act 2021 (2021 No 17).
- Schedule 1 Part 1 Table 1 item 8: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Schedule 1 Part 1 Table 1 item 9: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Schedule 1 Part 1 Table 1 item 9: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
- Schedule 1 Part 1 Table 1 item 10: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
- Schedule 1 Part 1 Table 1 item 11: inserted, on , by section 5(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).
Row | Land A is sensitive if it adjoins land of this type | … and land A exceeds this area threshold (if any) | |||
---|---|---|---|---|---|
1 | marine and coastal area | 0.2 hectares | |||
2 | bed of a lake | 0.4 hectares | |||
3 | land held for conservation purposes under the Conservation Act 1987 (if that conservation land exceeds 0.4 hectares in area) | 0.4 hectares | |||
4 | any reserve under the Reserves Act 1977 that is administered by the Department of Conservation (if that reserve land exceeds 0.4 hectares in area) | 0.4 hectares | |||
5 | any regional park or part of a regional park that is subject to a declaration under section 139 of the Local Government Act 2002 (if that park or part of the park exceeds 80 hectares) | 0.4 hectares | |||
6 | any national park held under the National Parks Act 1980 | 0.4 hectares | |||
7 | land that adjoins the marine and coastal area or a lake and is a Māori reservation to which section 340 of Te Ture Whenua Maori Act 1993 applies (if that land/reservation exceeds 0.4 hectares in area) | 0.4 hectares | |||
8 | land over 0.4 hectares that includes a wahi tapu or wahi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014 | 0.4 hectares | |||
9 | land over 0.4 hectares that is set apart as Māori reservation and that is wahi tapu under section 338 of Te Ture Whenua Maori Act 1993 | 0.4 hectares | |||
10 |
land (if that land exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations,— |
0.4 hectares | |||
11 | any reserve under the Reserves Act 1977 (if that reserve exceeds 0.4 hectares in area) that, pursuant to an enactment specified in Schedule 3 of the Treaty of Waitangi Act 1975 or in regulations, is managed wholly or jointly by the governance entity of a collective group of Māori such as an iwi or a hapū | 0.4 hectares | |||
12 | Te Urewera land (as defined in section 7 of the Te Urewera Act 2014) | 0.4 hectares | |||
13 | Whanganui River (as defined in section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017) | 0.4 hectares | |||
14 | Maungatautari Mountain Scenic Reserve (as defined in section 71(1) of the Ngāti Koroki Kahukura Claims Settlement Act 2014) | 0.4 hectares |
Notes
- Schedule 1 Part 1 Table 2: replaced, on , by section 32(3) of the Overseas Investment Amendment Act 2021 (2021 No 17).
Part 2Specified islands
Arapawa Island
Best Island
Great Barrier Island (Aotea Island)
Great Mercury Island (Ahuahu)
Jackett Island
Kawau Island
Matakana Island
Mayor Island (Tuhua)
Motiti Island
Motuhoa Island
Rakino Island
Rangiwaea Island
Slipper Island (Whakahau)
Stewart Island/Rakiura
Waiheke Island
Whanganui Island