Heritage New Zealand Pouhere Taonga Act 2014

6 Interpretation

In this Act, unless the context otherwise requires,—

archaeological site means, subject to section 42(3),—

(a)

any place in New Zealand, including any building or structure (or part of a building or structure), that—

(i)

was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and

(ii)

provides or may provide, through investigation by archaeological methods, evidence relating to the history of New Zealand; and

(b)

includes a site for which a declaration is made under section 43(1)

authority means an authority granted by Heritage New Zealand Pouhere Taonga under section 48, 56, or 62 to undertake an activity that will or may modify or destroy 1 or more archaeological sites

Board means the members of the governing body of Heritage New Zealand Pouhere Taonga

building means a structure that is temporary or permanent, whether movable or not, and which is fixed to land and intended for occupation by any person, animal, machinery, or chattel

chief executive means the chief executive of the department that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

conservation includes the processes of preserving, maintaining, and restoring historic places and historic areas so as to safeguard their historical and cultural values

contact details means,—

(a)

in relation to an individual, the full street address where the individual usually lives or where that individual can be contacted; and

(b)

in relation to a body corporate or unincorporate, the full street address of the body’s place of business or head office; and

(c)

in every case, an email address or a telephone number

customary marine title has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

emergency authority means an authority granted by Heritage New Zealand Pouhere Taonga under subpart 3 of Part 3

Environment Court has the meaning given in section 2(1) of the Resource Management Act 1991

exploratory investigation means a physically invasive investigation of any site or locality for exploratory purposes so as to determine whether the site or locality is an archaeological site, and, if so, the nature and extent of the archaeological site

financial year means the 12 months ending on the close of 30 June or any other date determined for Heritage New Zealand Pouhere Taonga by the Minister of Finance

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9

heritage order has the meaning given in section 187 of the Resource Management Act 1991

heritage protection authority has the meaning given in section 187 of the Resource Management Act 1991

historic area means an area of land that—

(a)

contains an inter-related group of historic places; and

(b)

forms part of the historical and cultural heritage of New Zealand; and

(c)

lies within the territorial limits of New Zealand

historic place

(a)

means any of the following that forms a part of the historical and cultural heritage of New Zealand and that lies within the territorial limits of New Zealand:

(i)

land, including an archaeological site or part of an archaeological site:

(ii)

a building or structure (or part of a building or structure):

(iii)

any combination of land, buildings, structures, or associated buildings or structures (or parts of buildings, structures, or associated buildings or structures); and

(b)

includes any thing that is in or fixed to land described in paragraph (a)

land includes—

(a)

land covered by water; and

(b)

the airspace above land

local authority has the meaning given in section 5(1) of the Local Government Act 2002

Māori Heritage Council and Council mean the Māori Heritage Council continued by section 26

Māori land has the meaning given to Maori land in section 4 of Te Ture Whenua Maori Act 1993

Minister means the Minister who, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

modify, in relation to an archaeological site, includes to damage the site

National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu and Landmarks list mean the list established under section 81

New Zealand Heritage List/Rārangi Kōrero means the New Zealand Heritage List/Rārangi Kōrero continued under section 65

notice means a written notice to which, if the case requires, section 104 applies

occupier means the person who has, or appears to have, control of any land, building, or structure

owner means—

(a)

the owner of the fee simple estate in the relevant land; or

(b)

if there is no title to the land,—

(i)

the person in whom the land is vested; or

(ii)

the person who has responsibility under any enactment for the land

person includes the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate

planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

public notice means a notice published—

(a)

in 1 or more newspapers circulating in the area where the relevant historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; or

(b)

on an Internet site that is maintained by Heritage New Zealand Pouhere Taonga and to which the public has free access

recorded, in relation to an archaeological site, means an archaeological site whose location is recorded on a database identified by Heritage New Zealand Pouhere Taonga as the national inventory of archaeological sites

regional council has the meaning given in section 5(1) of the Local Government Act 2002

registered interest

(a)

means an estate or interest in land registered under the Land Transfer Act 2017; and

(b)

includes a mortgage or charge registered under that Act

scientific investigation means a physically invasive investigation of any archaeological site undertaken for research purposes, so as to obtain information relating to the history of New Zealand

site of interest to Māori means an archaeological site or other place in which an iwi or a hapū has, or at any time has had, an interest

statutory acknowledgement means a statutory acknowledgement made by the Crown under an Act specified in Schedule 11 of the Resource Management Act 1991

structure

(a)

means a thing made by people, whether movable or not, and fixed to the land; and

(b)

includes equipment or machinery

tangata whenua means, in relation to a particular place or area, the iwi or hapū that holds, or at any time has held, mana whenua in relation to that place or area

territorial authority has the meaning given in section 5(1) of the Local Government Act 2002

wāhi tapu means a place sacred to Māori in the traditional, spiritual, religious, ritual, or mythological sense

wāhi tapu area means land that contains 1 or more wāhi tapu

wāhi tūpuna means a place important to Māori for its ancestral significance and associated cultural and traditional values, and a reference to wāhi tūpuna includes a reference, as the context requires, to—

(a)

wāhi tīpuna:

(b)

wāhi tupuna:

(c)

wāhi tipuna

working day means any day except—

(a)

a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day:

(b)

if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday:

(c)

a day in the period commencing with 20 December in any year and ending with 10 January in the following year.

Section 6 registered interest paragraph (a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).