Heritage New Zealand Pouhere Taonga Act 2014

Heritage New Zealand Pouhere Taonga Act 2014

Public Act2014 No 26
Date of assent19 May 2014
Commencementsee section 2

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Principles

5 What this Act does

6 Interpretation

7 Treaty of Waitangi (Te Tiriti o Waitangi)

8 Act binds the Crown

Part 2
Heritage New Zealand Pouhere Taonga and Māori Heritage Council

Subpart 1Heritage New Zealand Pouhere Taonga

Establishment of governance body

9 Heritage New Zealand Pouhere Taonga

10 Governing body of Heritage New Zealand Pouhere Taonga

11 Power of Minister to appoint special adviser to Board

12 Status of special adviser

Functions and powers

13 Functions of Heritage New Zealand Pouhere Taonga

14 Powers of Heritage New Zealand Pouhere Taonga

15 Rights of entry onto land

General policy requirements

16 Statements of general policy

17 Procedures for adopting policy statements

18 Amendments to general policy statements

19 Conservation plans

20 Duty to act consistently with general policy and plans

Procedural matters for Heritage New Zealand Pouhere Taonga

21 Delegations

22 Delegations to Māori Heritage Council

23 Rules

Names protected

24 Protection of names

Taxation

25 Exemption from taxation

Subpart 2Māori Heritage Council

26 Māori Heritage Council continued

Functions and powers

27 Functions of Māori Heritage Council

28 Powers of Māori Heritage Council

Governance provisions

29 Deputy chairperson of Council

30 Resignation or removal from office

31 Leave of absence

32 Co-opted members

33 Extraordinary vacancies

34 Powers of Council not affected by vacancies

35 Meetings of Council

36 Chairperson of Board entitled to attend meetings of Council

37 Proceedings not affected by certain irregularities

38 Application of Crown Entities Act 2004 to Council

Part 3
Protection of places and areas of historical and cultural value

Subpart 1Heritage covenants

39 Heritage covenants

40 Effect of heritage covenant

41 Registrar-General of Land must register instruments

Subpart 2Archaeological sites

Overarching protection for archaeological sites

42 Archaeological sites not to be modified or destroyed

43 Declaration of archaeological site

Applications

44 Applications for authorities

45 Application for approval of person to carry out activity

46 Information that must be provided with application for authority

47 Processing of applications for authorities

Determination of applications for authorities

48 Determination

49 Factors relevant to making determination

50 Time within which applications to be determined

51 Notification of determination

Conditions

52 Imposition of conditions on authorities

53 Review of conditions of authority

Consequences of grant of authority

54 Commencement and duration of authorities

55 Effect of grant of authority by Heritage New Zealand Pouhere Taonga

Exploratory investigations

56 Exploratory investigation of site or locality

57 Powers and duties of Heritage New Zealand Pouhere Taonga if no authority held for activity

Appeal provisions

58 Rights of appeal

59 Decision on appeal

Subpart 3Emergency authorities

60 Purpose and application of subpart

61 Application for emergency authority

62 Determination of applications

63 Condition requiring investigation

64 Appeal rights

Part 4
Recognition of places of historical, cultural, and ancestral significance

Subpart 1Provisions relating to New Zealand Heritage List/Rārangi Kōrero

New Zealand Heritage List/Rārangi Kōrero continued and maintained

65 New Zealand Heritage List/Rārangi Kōrero

Criteria for inclusion on New Zealand Heritage List/Rārangi Kōrero

66 Criteria

Provisions relating to historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas

67 Applications relating to historic places or historic areas

68 Applications relating to wāhi tūpuna, wāhi tapu, or wāhi tapu areas

69 Procedure to determine applications

Assessors

70 Independent assessors to be appointed

71 Appointments

General provisions relating to New Zealand Heritage List/Rārangi Kōrero

72 Entries may be included on New Zealand Heritage List/Rārangi Kōrero by agreement

73 When entry on New Zealand Heritage List/Rārangi Kōrero takes effect

Effect of certain entries on New Zealand Heritage List/Rārangi Kōrero

74 When local authorities must have particular regard to recommendations

75 Proposals affecting wāhi tapu areas entered on New Zealand Heritage List/Rārangi Kōrero

Further requirements relating to New Zealand Heritage List/Rārangi Kōrero

76 Information to be supplied to territorial authorities

77 Availability of New Zealand Heritage List/Rārangi Kōrero

78 Review, variation, or removal of entries on New Zealand Heritage List/Rārangi Kōrero

79 Removal of entries on New Zealand Heritage List/Rārangi Kōrero in cases of destruction or demolition

Subpart 2National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu

80 Interpretation

81 National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu to be established

82 How places may be included on Landmarks list

83 Review of Landmarks list by Minister

84 Owner may seek review

Part 5
Offences and penalties, transitional provisions, and miscellaneous matters

Subpart 1Offences and penalties

85 Offence of intentionally modifying or destroying property of Heritage New Zealand Pouhere Taonga

86 Offence of modifying or destroying land subject to heritage covenant

87 Offence of modifying or destroying archaeological site

88 Offence of breaching conditions of authority

89 Offence of refusing access, etc

90 Other offences

Liability of principal

91 Liability of principal for acts of agents

Remedies

92 Enforcement

93 Proceedings

94 Strict liability and defences

95 Offender to give name and address

96 Limitation period for filing charging document

Subpart 2Miscellaneous matters

Transfer of land, or contributions, to Heritage New Zealand Pouhere Taonga

97 Contributions to funds of Heritage New Zealand Pouhere Taonga

98 Local authorities may transfer land to Heritage New Zealand Pouhere Taonga

Regulations

99 Regulations

Savings and transitional provisions

100 References to Trust

101 Expiry of term of office

102 Branch committees dissolved

103 General transitional provision

Notices

104 Giving of notices

Repeal, revocation, and consequential amendments

105 Repeal

106 Revocation

107 Consequential amendments

Schedule
Enactments consequentially amended

Legislative history


The Parliament of New Zealand enacts as follows: