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Fast-track Approvals Bill

Amendments and repeals

Schedule 7: Application process for archaeological authority under Approvals relating to Heritage New Zealand Pouhere Taonga Act 2014

You could also call this:

“How to ask for permission to dig in important historic places”

This schedule outlines the process for applying for an archaeological authority under the Fast-track Approvals Bill. You need to provide specific information when applying, such as a description of the land, the archaeological sites, and the proposed activity. You also need to explain how the activity will affect the sites and their values.

The panel reviewing your application will consider several factors, including the purpose of the Act and the principles of the Heritage New Zealand Pouhere Taonga Act. They may approve your application with conditions or decline it. If approved, the authority starts after any appeals are resolved and lasts for up to 35 years.

You can also apply for approval of a person to carry out the activity. This person must have the right skills and respect for Māori values if the site is important to Māori. The panel can set conditions on the authority, like requiring the land to be restored afterwards or reports to be provided. An authority granted under this Act has the same effect as one granted under the Heritage New Zealand Pouhere Taonga Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943482.

Topics:
Environment and resources > Town planning
Arts and culture > Heritage protection
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7 Application process for archaeological authority under Approvals relating to Heritage New Zealand Pouhere Taonga Act 2014 Empowered by s 30A

2Interpretation

  1. In this schedule,—

    archaeological authority means an approval described in section 24C(3)(g)

      HNZPT Act means the Heritage New Zealand Pouhere Taonga Act 2014.

      2AInformation that must be provided with application for archaeological authority

      1. For the purposes of section 24D , an application for an archaeological authority must include the following information:

      2. a legal description of the land or, if one is not available, a description that is sufficient to identify the land to which the application relates; and
        1. the name of the owner of the relevant land, if the applicant is not the owner of the land; and
          1. proof of consent, if the owner has consented to the proposed activity; and
            1. confirmation that the application complies with section 24F(1)(a) to (c) ; and
              1. a description of each archaeological site to which the application relates and the location of each site; and
                1. a description of the activity for which the authority is sought; and
                  1. a description of how the proposed activity will modify or destroy each archaeological site; and
                    1. except in the case of an application described in section 44(b) of the HNZPT Act, an assessment of—
                      1. the archaeological, Māori, and other relevant values of the archaeological site in the detail that is appropriate to the scale and significance of the proposed activity and the proposed modification or destruction of the archaeological site; and
                        1. the effect of the proposed activity on those values; and
                        2. a statement as to whether consultation with tangata whenua, the owner of the relevant land (if the applicant is not the owner), or any other person likely to be affected—
                          1. has taken place, with details of the consultation, including the names of the parties and the tenor of the views expressed; or
                            1. has not taken place or been completed, with the reasons why consultation has not occurred or been completed (as applicable).

                            2. If the substantive application includes the information required by subclause (1) for the purposes of an application under section 24C(3)(a) or (b) (a planning application), the substantive application may—

                            3. include the same information for the purposes of this clause; but
                              1. must ensure that all of the information required by subclause (1) is provided.

                                2BContents of report

                                1. A report referred to in section 24G may recommend—

                                2. that an archaeological authority be granted with conditions, including any conditions imposed under clause 6A ; or
                                  1. that the application be declined.

                                    2CCriteria for assessment of application under section 24C(3)(g)

                                    1. For the purposes of section 24W , when considering an application under section 24C(3)(g) , the panel must take into account, giving the greatest weight to paragraph (a) ,—

                                    2. the purpose of this Act; and
                                      1. the purpose of the HNZPT Act (see section 3 of that Act); and
                                        1. the principles of the HNZPT Act (see section 4 of that Act); and
                                          1. the matters set out in section 59(1)(a) of the HNZPT Act; and
                                            1. a relevant statement of general policy confirmed or adopted under the HNZPT Act.

                                              1. In the case of a substantive application that seeks an archaeological authority described in section 44(b) of the HNZPT Act, without limiting the matters that the panel may have regard to for the purpose of determining whether the effects of the proposed activity are (or are likely to be) no more than minor, the panel must have regard to—

                                              2. the significance of a site or sites in relation to evidence of the historical and cultural heritage of New Zealand; and
                                                1. the extent to which the proposed activity will modify or destroy the site or sites.

                                                  2DCommencement and duration of archaeological authority

                                                  1. An archaeological authority granted under this Act commences when—

                                                  2. the timing for lodging an appeal under section 26 expires and—
                                                    1. no appeals have been lodged; or
                                                      1. any appeals have been withdrawn; or
                                                      2. the High Court determines any appeals.

                                                        1. Subclause (1) applies subject to a later date being specified—

                                                        2. in the authority; or
                                                          1. by the High Court.

                                                            1. If an authority is granted before the land owner’s consent to a proposed activity has been obtained, the authority does not commence until the consent of the land owner has been obtained and notified to Heritage New Zealand Pouhere Taonga.

                                                            2. An authority is current—

                                                            3. for a period not exceeding 35 years, as specified in the authority; or
                                                              1. if no period is specified, for a period of 5 years from the date on which the authority commences, which must not be more than 30 years after the authority is granted.

                                                                1. On the applicable date, the authority expires.

                                                                6Application must be made to joint Ministers for approval of person to carry out activity

                                                                1. A substantive application that seeks an archaeological authority under this Act may include an application for approval of any person nominated to undertake an activity under the authority.

                                                                2. An application for approval of a person to undertake an activity under an authority,—

                                                                3. if it is made with the application for the authority under this Act, must be considered under this Act; or
                                                                  1. if it is made after the archaeological authority has been approved (whether under this Act or under the HNZPT Act and despite section 24B ), must be made and considered under the HNZPT Act.

                                                                    1. In the case of an application under subclause (1A)(a) , before the panel decides whether to approve an application for approval of a person nominated to undertake an activity under an authority, the panel must seek and have regard to a recommendation from Heritage New Zealand Pouhere Taonga as to whether to approve the application.

                                                                    2. Heritage New Zealand Pouhere Taonga must provide a recommendation sought under subclause (1B) no later than 10 working days after receiving the request for the recommendation.

                                                                    3. Heritage New Zealand Pouhere Taonga must not recommend that the panel approve a person to carry out an activity under an authority unless satisfied that the person—

                                                                    4. has sufficient skill and competency, is fully capable of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga, and has access to appropriate institutional and professional support and resources; and
                                                                      1. in the case of a site of interest to Māori,—
                                                                        1. has the requisite competencies for recognising and respecting Māori values; and
                                                                          1. has access to appropriate cultural support.

                                                                          2. If it is necessary at any time, and for any reason, to replace the person approved to carry out an activity under an archaeological authority granted under this Act, the holder of the archaeological authority must seek approval under the HNZPT Act for another nominated person to carry out that activity.

                                                                          6AImposition of conditions on archaeological authorities

                                                                          1. In relation to an archaeological authority, a panel may impose any conditions, including conditions that—

                                                                          2. the consent of the land owner and the holder of any specified registered interest must be obtained before the holder of an archaeological authority may enter the relevant site or undertake any activity under that authority; and
                                                                            1. the site must be returned as nearly as possible to its former state (unless otherwise agreed between the owner of the land on which the site is located and the panel); and
                                                                              1. any activity undertaken at the site under the archaeological authority must conform to accepted archaeological practice; and
                                                                                1. Heritage New Zealand Pouhere Taonga, or the person approved under this schedule to carry out an activity, must provide a report as soon as practicable after its completion to—
                                                                                  1. the holder of the authority; and
                                                                                    1. the owner of the archaeological site concerned, if different from the holder of the authority; and
                                                                                      1. Heritage New Zealand Pouhere Taonga, unless Heritage New Zealand Pouhere Taonga prepared the report.

                                                                                      2. The panel may impose a condition requiring an investigation under the HNZPT Act, but only if the panel is satisfied on reasonable grounds that the investigation is likely to provide significant information in relation to the historical and cultural heritage of New Zealand.

                                                                                      12Service and publication of decision

                                                                                      1. For the purposes of section 24Y , the persons are—

                                                                                      2. the nearest public museum; or
                                                                                        1. the chief executive of the department that, with the authority of the Prime Minister, is for the time being responsible for the administration of the HNZPT Act.

                                                                                          1. In subclause (1) ,public museum has the meaning given in section 2(1) of the Protected Objects Act 1975.

                                                                                          12AStatus of archaeological authority

                                                                                          1. An archaeological authority granted under this Act—

                                                                                          2. has the same force and effect as if it were granted under section 48 of the HNZPT Act; and
                                                                                            1. for the purposes of the HNZPT Act, must be treated as if it were an authority granted under that Act.