Heritage New Zealand Pouhere Taonga Bill

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Heritage New Zealand Pouhere Taonga Bill

Government Bill

327—2

As reported from the Local Government and Environment Committee

Commentary

Recommendation

The Local Government and Environment Committee has examined the Heritage New Zealand Pouhere Taonga Bill and recommends that it be passed with the amendments shown.

Introduction

The Heritage New Zealand Pouhere Taonga Bill seeks to repeal and replace the Historic Places Act 1993. The New Zealand Historic Places Trust (Pouhere Taonga) in its current form, which was established under the Act, would continue under the name Heritage New Zealand Pouhere Taonga. The new name is intended to remove confusion as to the organisation’s legal status as a Crown entity.

The bill also seeks to reform the organisation’s governance and structure by disestablishing branch committees, removing three elected board member positions, and creating two board member positions to be filled by appointment by the responsible Minister. The bill would continue the Māori Heritage Council.

The bill aims to redress the balance between heritage values and private ownership. New archaeological provisions are intended to improve efficiency, reduce costs, and improve alignment with the Resource Management Act 1991.

The bill would also

  • simplify and streamline the archaeological authority processes

  • establish an emergency authority process

  • ensure Heritage New Zealand Pouhere Taonga and the Māori Heritage Council could reject vexatious applications for registration of historical and cultural heritage sites

  • increase the maximum monetary penalties to bring them into line with those under the Resource Management Act.

Supplementary Order Paper

Supplementary Order Paper 135 in the name of the Minister for Arts, Culture and Heritage, Hon Christopher Finlayson, proposes a number of amendments to the bill to

  • clarify the purpose of the Register of historical and cultural heritage

  • recognise the full range of types of Māori heritage places

  • help set national priorities for the conservation of heritage places.

The proposed amendments include the addition to clause 6 of definitions of “common marine and coastal area”, “protected customary right”, and “wāhi tūpuna”, and the replacement of Part 4 of the bill (clauses 63 to 81 as introduced).

We agree with the amendments proposed on the SOP, and have incorporated them into our recommendations.

This commentary covers the key amendments that we recommend to the bill. It does not cover minor or technical amendments.

Principles

We recommend amending clause 4 to widen the range of parties Heritage New Zealand Pouhere Taonga must work with to include tangata whenua and central Government agencies. We consider it is important that this Crown entity work collaboratively with as many of the interested parties as possible, including other central Government agencies.

We do not consider it necessary to amend clause 4 to include a principle specific to underwater heritage, as the bill is intended to apply to all of New Zealand’s historical and cultural heritage. We note that the bill’s archaeological provisions would apply to underwater sites including certain wrecks; and that the definitions of “historic place” and “historic area” cover land within New Zealand’s territorial limits, while the definition of “land” includes land covered by water.

Interpretation

We recommend a number of amendments to clause 6, including the following:

  • Amending the definitions of “exploratory investigation”, “historic place”, “scientific investigation”, and “site of interest to Māori”.

  • Inserting definitions of “building”, “owner”, “person”, “structure”, and “tangata whenua”.

  • Deleting the definition of “harm”.

Amending the definition of “exploratory investigation” is intended to address concern that it could capture non-invasive activity such as walking across a site; and amending the definition of “site of interest to Māori” is intended to make it more inclusive and cover archaeological sites in which iwi or hapū have or have had an interest, and other places of heritage interest to iwi or hapū.

Clause 37(6) of the bill as introduced includes a definition of “owner” which would apply only to heritage covenants. We believe it would be more helpful to delete this definition and insert a new definition of “owner” (similar to that in the Resource Management Act) in clause 6 so that it would apply throughout the bill. We also recommend that the definition of “owner” recognise ownership interest in Māori reserve land.

Harm

The Historic Places Act, which this bill would replace, uses the phrase “destroy, damage, or modify” in relation to archaeological sites. The intent of including a definition of “harm” in the bill as introduced (in line with current drafting practice) was to modernise this language and use fewer words where possible. We have reached the conclusion that the proposed definition does not recognise the fact that archaeological activity can have both positive and negative outcomes.

We therefore recommend deleting the definition of “harm” in clause 6, and replacing the term “harm” throughout the bill with “modify or destroy”. Because the original phrase was “destroy, damage, or modify” we recommend, for the avoidance of doubt, amending clause 6 by adding a definition of “modify” that includes damage.

Treaty of Waitangi (Te Tiriti o Waitangi)

We recommend amending clause 7 to reflect the provisions in the bill that would give effect to the Treaty of Waitangi, such as those for notifying appropriate iwi of applications for registration of wāhi tapu and wāhi tūpuna. The amendment we propose reflects current drafting practice regarding legislative provisions for Treaty clauses.

Heritage New Zealand Pouhere Taonga

Special adviser

We recommend inserting new clauses 10A and 10B to allow the responsible Minister to appoint the chief executive of the Ministry for Culture and Heritage as special adviser to the governing body of Heritage New Zealand Pouhere Taonga (its board). This is to facilitate the flow of information between the responsible Minister and the board on government policy issues. The special adviser would not be a member of the board and would not have voting rights.

Functions

We recommend amending clause 11 to require Heritage New Zealand Pouhere Taonga to recognise landowners’ interests when fulfilling its advocacy function under subclause (1)(b). We were not persuaded that the subclause should be deleted in its entirety, and believe that the amendment we propose would resolve possible tensions between the Crown entity’s regulatory role and its advocacy function.

For the sake of clarity, we also recommend amending clause 11 to provide a more comprehensive list of the entity’s functions, primarily those regarding the New Zealand Heritage List, which we discuss later in the commentary.

Powers

The majority of us recommend amending clause 12(1)(a) to make clear the nature and extent of the Crown entity’s advocacy role by stipulating that it is limited to advocating its interests in a public forum or a statutory planning process in which it has standing under an Act. This is intended to ensure that Heritage New Zealand Pouhere Taonga maintains an appropriate statutory role; that is, presenting a professional heritage perspective in appropriate contexts, such as council hearings.

For the sake of consistency with the amendments proposed to clause 11, the majority of us also recommend amending clause 12 to require Heritage New Zealand Pouhere Taonga to recognise landowners’ interests.

Rights of entry onto land

We recommend amending clause 13 to make it clear that Heritage New Zealand Pouhere Taonga would be permitted to enter land with any assistance deemed reasonably necessary, such as persons, vehicles, machinery, or equipment for the purposes set out in subclauses (1) and (3). The wording we propose is similar to that used in the Public Works Act 1981 and is intended to facilitate the practical application of clause 13.

Policy statements

We recommend amending clause 14(2) to provide Heritage New Zealand Pouhere Taonga with 18 months to develop general policy statements, including those for the administration of archaeological sites and emergency authorities. Increasing this from 12 months would allow the entity time for public consultation and deliberation.

Procedures for adopting policy statements

We recommend amending clause 15 to require Heritage New Zealand Pouhere Taonga to develop a general policy statement for the administration of the New Zealand Heritage List (clause 63) and the National Historic Landmarks List (new clause 81B). We discuss the New Zealand Heritage List and the National Historic Landmarks List below.

We also recommend requiring Heritage New Zealand Pouhere Taonga to issue a general policy statement for its statutory advocacy role. This is intended to ensure public input into the way its functions under clauses 11 and 12 relating to landowners’ interests would be carried out.

Breaching policy statements and conservation plans

We recommend inserting new clause 15A and amending clause 16 to allow Heritage New Zealand Pouhere Taonga to amend a general policy statement (new clause 15A), or breach a conservation plan (clause 16).

We recommend inserting new clause 16A so that the Crown entity could only breach a general policy statement or conservation plan if the board had resolved “on reasonable grounds” that such an action might be taken. This would require a unanimous resolution, and would apply only in exceptional circumstances such as a natural disaster.

These provisions are similar to those in the Local Government Act 2002 that allow local authorities to act inconsistently with their long term plans in certain circumstances.

Protection of names

We recommend amending clause 21 to protect the name “Māori Heritage Council” so that no body or entity could be incorporated or registered under the name Māori Heritage Council. The name Māori Heritage Council has been in statute since 1993 and we feel it is important that it be protected.

We do not agree with the argument for changing the name of Heritage New Zealand Pouhere Taonga to include the word “historic” rather than “heritage”, as we consider it is important that the name be appropriately distinctive. Furthermore, the use of “heritage” would reflect the name of the entity’s long-running publication Heritage New Zealand. We note that there is international precedent for using the word “heritage” to describe organisations with a similar mandate to Heritage New Zealand Pouhere Taonga.1

Māori Heritage Council

Māori Heritage Council continued

We recommend amending clause 23 to allow the Minister for Arts, Culture and Heritage to appoint the chairperson of the Council, from among the council members, in consultation with the Minister of Māori Affairs. As introduced, clause 23 reflects the arrangements of the current Māori Heritage Council, which the bill would continue. The amendment we propose would better reflect the Council’s status as a part of a Crown entity.

Functions

We recommend amending clause 24 to cover fully the functions of the Māori Heritage Council. The amendment is intended to ensure that the Council’s functions are set out clearly, and are consistent with clause 7 (Treaty of Waitangi, Te Tiriti o Waitangi).

As a consequence of amendments we propose to clauses 11 and 12, the majority of us also recommend amending clause 24 so that the Māori Heritage Council must recognise landowners’ interests.

Meetings

We recommend amending clause 32 to align the procedures of the Māori Heritage Council regarding roving resolutions with the Crown Entities Act 2004.

Archaeological sites

We recommend transferring the provisions in clause 40 as introduced to new clause 41, and those in clause 41 as introduced to new clause 40. We consider it important to place the prohibition (new clause 40) ahead of the declaration (new clause 41).

We also recommend amending clause 40 to make it clear that it would apply to all sites that met the definition of an archaeological site, whether or not they were recorded or entered on the heritage list.

We further recommend amending clause 40 to remove the requirement to apply for an archaeological authority to modify or destroy a standing building unless it is being demolished in its entirety. If a building were to be demolished in its entirety, an authority would still be required.

We recommend amending clause 41 to require Heritage New Zealand Pouhere Taonga to notify the appropriate iwi or hapū and the relevant local authorities, as well as the affected owner, of a declaration of an archaeological site.

Applications

We recommend inserting new clause 42A, and including in it the provisions that were in clause 45 of the bill as introduced. New clause 42A would allow Heritage New Zealand Pouhere Taonga to approve a person to carry out archaeological work independently of the relevant application for the work to proceed. We also recommend a consequential amendment deleting clause 43(2)(e).

We recommend a number of amendments to clause 43 including the following:

  • allowing applications, for all types of archaeological authorities, to be submitted without an owner’s consent, whilst requiring that work under an authority does not commence until a consent is given (new subclause (2)(ba))

  • requiring applicants to provide a description of all known archaeological sites in their application (subclause (2)(c))

  • clarification that those seeking to conduct a scientific investigation of a site of interest to Māori must obtain the consent of the appropriate iwi or hapū (subclause (3)(a)).

The proposed amendments to new subclause (2)(ba) and subclause (3)(a) are designed respectively to ensure that projects are not delayed unnecessarily while an owner’s consent is obtained, and that there are no delays if an applicant has not selected an archaeologist. The proposed amendment to subclause (2)(c) is intended to ensure comprehensive information is provided by applicants to facilitate the decision-making process.

Factors relevant to determination of applications

The majority of us recommend amending clause 47 to require Heritage New Zealand Pouhere Taonga, when determining an application for an archaeological authority, to consider all of the matters that the Environment Court is required to consider. They would include the extent to which protection of a site prevents or restricts the existing or reasonable future use of the site for any lawful purpose, and the interests of any person directly affected by the decision.

Determining applications for an emergency authority

We recommend similarly amending clause 60 to require Heritage New Zealand Pouhere Taonga, when determining an application for an emergency authority, to have regard to all of the matters that the Environment Court is required to consider. We consider that this would result in more robust and balanced application decisions. For consistency, we further recommend requiring the Crown entity to “have regard to” public health and safety when making decisions on emergency authority applications, rather than requiring them to “take [them] into account”.

Registration of historic places

In the bill as introduced, clause 63 would require Heritage New Zealand Pouhere Taonga to “continue and maintain the Register of historic places, historic areas, wāhi tapu, and wāhi tapu areas established under section 22 of the Historic Places Act”. Amendments to clause 63 on SOP 135 would change the name of the list from “Register” to “Record”, because the term “register” conveys a legal situation not imposed by the bill. SOP 135 does not seek to affect the requirement to “continue and maintain” a register or record.

While we agree that it would be inappropriate, in the context of this bill, to use the term “register”, we consider that replacing it with the term “record” is not without disadvantage, as it could create confusion with the New Zealand Archaeological Site Recording Scheme, under which archaeological sites are often referred to as “recorded”.

For these reasons, we recommend amending clause 63 to replace the proposed name “Register of historic places, historic areas, wāhi tapu, and wāhi tapu areas” as the “New Zealand Heritage List/Rārangi Kōrero”. This is intended to reflect the Māori heritage component of the list, as well as eliminating potential ambiguities.

We also recommend amending clause 63 to make it clear that all entries in the existing register would be deemed to be in the heritage list.

National Historic Landmarks List

We recommend inserting new clause 81A to make it clear that entries in the National Historic Landmarks List could include a landmark incorporating more than one or building or site, such as an art deco precinct or the Treaty Grounds at Waitangi. This provision was never intended to be restricted to individual buildings, and this amendment would make the intent clear.

We recommend amending clause 81B to provide a dual name for the list: National Historic Landmarks list/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu.

We also recommend amending clause 81B by removing the provision that the National Historic Landmarks List must not include more than 50 places at any one time. The purpose of the list is to ensure that the most important places are protected to the highest standard practicable and other provisions already set a high bar for inclusion. We consider that a restriction on the total number is unnecessary.

We are recommending above that Heritage New Zealand Pouhere Taonga be required in clause 15 to develop a general policy for administration of the National Historic Landmarks List.

Offences

We recommend amending clause 89, and deleting clauses 87, 88 and 91. Clause 87 largely duplicates the provisions in clauses 84 and 85, while the offence provisions in clauses 88 and 91 have never been used and are considered unworkable. The proposed amendments to clause 89 would delete reference to bylaws, as there are no existing bylaws or provisions in the bill for bylaws to be promulgated.

These amendments would provide for the more objective “knows or reasonably ought to have known” test for determining if a person has committed an offence.

Branch committees dissolved

We recommend amending clause 100 to require Heritage New Zealand Pouhere Taonga to take reasonable and practicable steps to support independent heritage groups formed to replace current branch committees in the 12 months following enactment. Although the Crown entity is already assisting with the formation of new groups, there is concern that insufficient support might be available.

We are not recommending the transfer of members to a new membership structure, as it would be inappropriate to prescribe this in legislation without members’ agreement.

We recognise that some transitional financial support, and other support, has been made available to local organisations. Some of us would recommend that such support be greater and made available on an ongoing basis.

Other matters

During our consideration of the bill issues relating to earthquake strengthening of heritage buildings were raised. They are being addressed in the Government’s review of New Zealand’s earthquake-prone building system, and fall outside the scope of this bill. We realise the importance of this work, and look forward to the results of the review.

Appendix

Committee process

The Heritage New Zealand Pouhere Taonga Bill was referred to the committee on 8 May 2012. The closing date for submissions was 21 June 2012. We received and considered 80 submissions from interested groups and individuals.

Supplementary Order Paper 135 in the name of the Minister for Arts, Culture and Heritage, Hon Christopher Finlayson, was received by the committee on 18 October 2012. We invited further submissions, with a closing date of 29 November 2012. We received and considered an additional 15 submissions.

We heard 36 submitters, which included holding hearings in Auckland and Christchurch.

We received advice from the Ministry for Culture and Heritage and the New Zealand Historic Places Trust.

Committee membership

Nicky Wagner (Chairperson)

Maggie Barry

Jacqui Dean

Paul Goldsmith

Claudette Hauiti

Hon Phil Heatley

Gareth Hughes

Raymond Huo

Moana Mackey

Eugenie Sage

Hon Maryan Street

Andrew Williams

Holly Walker replaced Gareth Hughes for this item of business.


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Hon Christopher Finlayson

Heritage New Zealand Pouhere Taonga Bill

Government Bill

327—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

10A Power of Minister to appoint special adviser to Board

10B Status of special adviser

Functions and powers

11 Functions of Heritage New Zealand Pouhere Taonga

11 Functions of Heritage New Zealand Pouhere Taonga

12 Powers of Heritage New Zealand Pouhere Taonga

13 Rights of entry onto land

General policy requirements

14 General policy for historic places and archaeological sites

15 Procedures for adopting policy statements

15A Amendments to general policy statements

16 Conservation plans

16A Duty to act consistently with general policy and plans

Procedural matters for Heritage New Zealand Pouhere Taonga

17 Meetings of board

18 Delegations

19 Delegations to Māori Heritage Council

20 Rules

Names protected

21 Protection of names

Taxation

22 Exemption from taxation

Subpart 2Māori Heritage Council

23 Māori Heritage Council continued

Functions and powers

24 Functions of Māori Heritage Council

25 Powers of Māori Heritage Council

Governance provisions

26 Deputy chairperson of Council

27 Resignation or removal from office

28 Leave of absence

29 Co-opted members

30 Extraordinary vacancies

31 Powers of Council not affected by vacancies

32 Meetings of Council

33 Chairperson of Board entitled to attend meetings of Council

34 Proceedings not affected by certain irregularities

35 Application of Crown Entities Act 2004 to Council

36 Fees and travelling allowances in respect of Council

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

Subpart 1Heritage covenants

37 Heritage covenants

38 Effect of heritage covenant

39 Registrar-General of Land must register instruments

Subpart 2Archaeological sites

40 Application of this subpart

Overarching protection for archaeological sites

40 Archaeological sites not to be modified or destroyed

When authority required

41 Archaeological sites not to be harmed

41 Declaration of archaeological site

Applications

42 Applications for authorities

42A Application for approval of person to carry out activity

43 Information that must be provided with application for authority

44 Processing of applications for authorities

45 Approval of persons to carry out activity

Determination of applications for authorities

46 Determination

47 Factors relevant to making determination

48 Time within which applications to be determined

Conditions

49 Imposition of conditions on authorities

50 Review of conditions of authority

51 Notification of determination

Consequences of grant of authority

52 Commencement and duration of authorities

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

Other powers of Heritage New Zealand Pouhere Taonga

Exploratory investigations

54 Exploratory investigation of site or locality

55 Powers of Heritage New Zealand Pouhere Taonga if no authority held for activity

Appeal provisions

56 Rights of appeal

57 Decision on appeal

Subpart 3Emergency authorities

58 Purpose and application of subpart

59 Application for emergency authority

60 Determination of applications

61 Condition requiring investigation

62 Appeal rights

Part 4
Registration of historic place, historic area, wāhi tapu, and wāhi tapu area

63 Register

64 Criteria for registration of historic places and historic areas

65 Applications to register historic places

66 Applications to register wāhi tapu

67 Procedure to determine applications to register historic place or wāhi tapu

68 Interim registration

69 Duration and effect of interim registration

70 Applications to register historic areas

71 Applications to register wāhi tapu areas

72 Procedure to determine applications to register historic area or wāhi tapu area

73 Registration may be confirmed by agreement

74 When registration takes effect

75 Local authorities must have regard to recommendations

76 Applications affecting registered wāhi tapu areas

77 Records to be supplied to territorial authorities

78 Notification to territorial authorities

79 Availability of Register

80 Review, variation, or removal of registration

81 Removal of registration in cases of destruction or demolition

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 established

63 New Zealand Heritage List/Rārangi Kōrero

Criteria for inclusion on New Zealand Heritage List/Rārangi Kōrero

64 Criteria

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

65 Applications relating to historic places or historic areas

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

67 Procedure to determine applications

Assessors

68 Independent assessors to be appointed

69 Appointments

General provisions relating to New Zealand Heritage List/Rārangi Kōrero

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

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

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

75 When local authorities must have particular regard to recommendations

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

Further requirements relating to New Zealand Heritage List/Rārangi Kōrero

77 Information to be supplied to territorial authorities

79 Availability of New Zealand Heritage List/Rārangi Kōrero

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

81 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

81A Interpretation

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

81C How places may be included on Landmarks list

81D Review of List by Minister

81E Owner may seek review

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

Subpart 1Offences and penalties

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

83 Offence of modifying or destroying land subject to heritage covenant

84 Offence of modifying or destroying archaeological site

85 Offence of breaching conditions of authority

86 Offence of refusing access, etc

87 Offence of carrying out investigation in breach of conditions or without written permission

88 Offence of harming historic place or wāhi tapu that has interim registration

89 Other offences

Remedies

90 Injunctions to restrain commission of offences

91 Environment Court may stay exercise of rights

92 Strict liability and defences

93 Offender to give name and address

94 Limitation period for filing charging document

Subpart 2Miscellaneous matters

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

95 Contributions to funds of Heritage New Zealand Pouhere Taonga

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

Regulations

97 Regulations

Savings and transitional provisions

98 References to Trust

99 Expiry of term of office

100 Branch committees dissolved

101 General transitional provision

102 Continuation of proceedings

Notices

103 Giving of notices

Repeal, revocation, and consequential amendments

104 Repeal

105 Revocation

106 Consequential amendments

Schedule
Enactments consequentially amended


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Heritage New Zealand Pouhere Taonga Act 2011.

2 Commencement
  • This Act comes into force on 1 July 2012 November 2013.

Part 1
Preliminary provisions

3 Purpose
  • The purpose of this Act is to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand.

4 Principles
  • All persons performing functions and exercising powers under this Act must recognise—

    • (a) the principle that historic places have lasting value in their own right and provide evidence of the origins of New Zealand's distinct society; and

    • (b) the principle that the identification, protection, preservation, and conservation of New Zealand's historical and cultural heritage should—

      • (i) take account of all relevant cultural values, knowledge, and disciplines; and

      • (ii) take account of material of cultural heritage value and involve the least possible alteration or loss of it; and

      • (iii) safeguard the options of present and future generations; and

      • (iv) be fully researched, documented, and recorded, where culturally appropriate; and

    • (c) the principle that there is value in central government agencies, local authorities, corporations, societies, tangata whenua, and individuals working collaboratively in respect to of New Zealand's historical and cultural heritage; and

    • (d) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tūpuna, wāhi tapu, and other taonga.

5 What this Act does
  • (1) This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of the Act.

    (2) This Act—

    • (a) repeals the Historic Places Act 1993; and

    • (b) continues the body known as the New Zealand Historic Places Trust (Pouhere Taonga) under the name Heritage New Zealand Pouhere Taonga; and

    • (c) continues the Māori Heritage Council; and

    • (d) consolidates the provisions under the Historic Places Act 1993 relating to the protection of historic places (excluding archaeological sites), the registration of historic places, historic areas, wāhi tapu, and wāhi tapu areas, and offences; and

    • (e) introduces new provisions for the granting of archaeological authorities.

    • (d) continues to provide for heritage covenants; and

    • (e) continues to prohibit the modification or destruction of an archaeological site unless an authority for the modification or destruction is obtained from Heritage New Zealand Pouhere Taonga under this Act; and

    • (f) provides for an appropriate response about heritage matters in the event of a national or local emergency being declared; and

    • (g) continues the system for a list (formerly the Register), to be known as the New Zealand Heritage List/Rārangi Kōrero, comprising historic places, historic areas, wāhi tapu, and wāhi tapu areas, and also to include wāhi tūpuna, as a means for recognising heritage values; and

    • (h) provides for the establishment and maintenance of a list to be known as National Heritage Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu; and

    • (i) includes sanctions for breaches of this Act; and

    • (j) sets out certain administrative and transitional matters, including the dissolution of branch committees.

6 Interpretation
  • In this Act, unless the context otherwise requires,—

    archaeological site

    • (a) means 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) is or may be able, provides or may provide, through investigation by archaeological methods, to provide evidence relating to the history of New Zealand; and:

    • (b) includes a site for which a declaration is made under section 40(1)(b) section 41(1)

    authority means an authority granted by Heritage New Zealand Pouhere Taonga under section 46, 54, or 60 to undertake an activity that will or may harm modify or destroy an archaeological site

    board 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 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 an 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

    harm, in relation to an archaeological site, historic place, historic area, wāhi tapu, or wāhi tapu area (as the case requires), includes—

    • (a) destruction of that site, place, area, wāhi tapu, or wāhi tapu area; and

    • (b) damage to, or other modification of, that site, place, area, wāhi tapu, or wāhi tapu area; and

    • (c) alteration of that site, place, area, wāhi tapu, or wāhi tapu area

    Heritage New Zealand Pouhere Taonga means the body 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 form forms a part of the historical and cultural heritage of New Zealand and that lie 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)

    holder means the person to whom an authority is granted under section 46

    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 23

    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 81B

    New Zealand Heritage List/Rārangi Kōrero means the New Zealand Heritage List/Rārangi Kōrero continued under section 63

    notice means a written notice to which, if the case requires, section 103 applies

    occupier means the person who has, or is in apparent 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

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

    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

    Register means the register continued under section 63

    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 1952; and

    • (b) includes a mortgage or charge registered under that Act

    registered place means a place registered under Part 4

    scientific investigation means work undertaken on any archaeological site using archaeological methods to obtain information relating to the history of New Zealand 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 in which the tangata whenua of the area have an interest based on culture or tradition

    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; and

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

7 Treaty of Waitangi (Te Tiriti o Waitangi)
  • In order to recognise and respect the Crown's responsibility to give effect to the Treaty of Waitangi (Te Tiriti o Waitangi), this Act provides,

    • (a) in section 10, for the appointment, in consultation with the Minister of Māori Affairs, of at least 3 members of the board Board of Heritage New Zealand Pouhere Taonga who are qualified for appointment having regard to their knowledge of te ao Māori and tikanga Māori; and

    • (b) in sections 11 and 12, that Heritage New Zealand Pouhere Taonga—

      • (i) has functions that include identifying and advocating the conservation and protection of wāhi tapu and wāhi tapu areas, and providing information, advice, and assistance in identifying, recording, investigating, assessing, registering, protecting, and conserving wāhi tapu and wāhi tapu areas; and

      • (ii) has the powers to carry out those functions, including the power to be a heritage protection authority under Part 8 of the Resource Management Act 1991; and

    • (b) in sections 11 and 12, that Heritage New Zealand Pouhere Taonga—

      • (i) has functions that relate to wāhi tūpuna, wāhi tapu, and wāhi tapu areas; and

      • (ii) has the powers to carry out those functions, including the power to be a heritage protection authority under Part 8 of the Resource Management Act 1991; and

    • (c) in section 19, that Heritage New Zealand Pouhere Taonga has the power to delegate functions and powers to the Māori Heritage Council continued by section 23; and

    • (d) in section 23, for the continuation of the Māori Heritage Council; and

    • (e) in sections 24 and 25, for the functions and powers of that Council to ensure the appropriate protection of wāhi tūpuna, wāhi tapu, wāhi tapu areas, historic places, and historic areas of interest to Māori; and

    • (f) in section 37, for the power of Heritage New Zealand Pouhere Taonga to enter into heritage covenants over wāhi tapu wāhi tūpuna, wāhi tapu, and wāhi tapu areas; and

    • (g) in sections 43, 47, 54, and 60, the requirement that applications for authorities relating to sites that are of interest to Māori (including any applications for emergency authorities), or for authorities to undertake exploratory or scientific investigations, be referred to the Council; and

    • (h) in sections 66, 67, 68, 69, and 71 to 74, for the involvement of the Council in determining applications to register (including interim registration of) wāhi tapu and wāhi tapu areas; and

    • (g) in sections 43, 47, 51, 55, 60, 62, and 65, for the measures that are appropriate to support processes and decisions relating to sites that are of interest to Māori or to places on Māori land; and

    • (h) in sections 64, 66, 67, 68, 73, and 80, for a power for the Council to enter, or to determine applications to enter, wāhi tūpuna, wāhi tapu, and wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero, and to review or remove such entries; and

    • (i) in sections 75, 76, 80, and 81,—

      • (i) a power for the Council to make recommendations to relevant local authorities in respect of registered wāhi tapu and wāhi tapu areas and a duty on local authorities to have particular regard to any such recommendations; and

      • (ii) a requirement that matters be referred to the Council before any action is taken in respect of certain applications concerning or affecting a registered wāhi tapu area; and

      • (iii) the role of the Council in reviewing, varying, or removing the registration of wāhi tapu and wāhi tapu areas.

    • (i) in section 75, a power for the Council to make recommendations to relevant local authorities in respect of wāhi tapu areas entered on the New Zealand Heritage List/Rārangi Kōrero under Part 4 and a duty on local authorities to have particular regard to such recommendations; and

    • (j) in sections 76 and 81C, requirements that the Council and (in section 81C, the Minister of Māori Affairs) be consulted in certain circumstances relating to the New Zealand Heritage List/Rārangi Kōrero and the Landmarks list respectively.

8 Act binds the Crown
  • This 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
  • (1) This section establishes Heritage New Zealand Pouhere Taonga.

    (2) Heritage New Zealand Pouhere Taonga is the same body corporate as the New Zealand Historic Places Trust (Pouhere Taonga) continued under section 38(1) of the Historic Places Act 1993.

    (3) Heritage New Zealand Pouhere Taonga is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (4) The Crown Entities Act 2004 applies to Heritage New Zealand Pouhere Taonga except to the extent that this Act expressly provides otherwise.

10 Governing body of Heritage New Zealand Pouhere Taonga
  • (1) The governing body of Heritage New Zealand Pouhere Taonga is the board Board, which comprises 8 persons appointed by the Minister, 1 of whom is to be appointed as the chairperson of the board Board.

    (2) The persons appointed must, collectively, have the appropriate skills, knowledge, or cultural background appropriate to assist Heritage New Zealand Pouhere Taonga to perform its functions.

    (3) At least 3 persons must be appointed who, in the opinion of the Minister (after consulting the Minister of Māori Affairs), are qualified for appointment having regard to their knowledge of te ao Māori (Māori world view) and tikanga Māori (Māori protocol and culture).

    (4) The appointments must be made in accordance with the Crown Entities Act 2004.

10A Power of Minister to appoint special adviser to Board
  • (1) The Minister may appoint the chief executive as a special adviser to the Board.

    (2) The purpose of the appointment is to facilitate the exchange of information between the Minister and the Board on matters of Government policy relevant to the Board in performing its functions and exercising its powers under this Act.

    (3) The special adviser must not give directions or seek to influence decisions of the Board.

10B Status of special adviser
  • (1) The special adviser appointed under section 10A is not a member of the Board, but may attend the meetings of the Board.

    (2) The special adviser may also attend meetings of any committees of the Board, but is not a member of a committee.

    (3) For the purposes of subsections (1) and (2), the special adviser must be given—

    • (a) reasonable notice of the time and place of every meeting of the Board and of its committees; and

    • (b) any written material or documents that relate to matters to be considered at a meeting.

    (4) The notices and material or documents required by subsection (3) must be provided to the special adviser,—

    • (a) in the case of meetings of the Board, by the chairperson or deputy chairperson (if there is one), or the member or members calling the meeting; and

    • (b) in the case of meetings of a committee, by the member or members calling the meeting.

Functions and powers

11 Functions of Heritage New Zealand Pouhere Taonga
  • (1) In order to achieve the purpose of this Act, the functions of Heritage New Zealand Pouhere Taonga are—

    • (a) to identify, record, investigate, assess, register, protect, and conserve historic places, historic areas, wāhi tapu, and wāhi tapu areas, or to assist in doing any of those things, and to keep permanent records of that work:

    • (b) to advocate the conservation and protection of historic places, historic areas, wāhi tapu, and wāhi tapu areas:

    • (c) to foster public interest and involvement in historic places and historic areas and in the identification, recording, investigation, assessment, registration, protection, and conservation of them:

    • (d) to provide information, advice, and assistance in relation to the identification, recording, investigation, assessment, registration, protection, and conservation of historic places, historic areas, wāhi tapu, and wāhi tapu areas, including providing such support for persons with a legal or equitable interest in a historic place, historic area, wāhi tapu, or wāhi tapu area:

    • (e) to manage, administer, and control historic places, buildings, and other property owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it to ensure their protection, preservation, and conservation.

    (2) The Minister must not give directions to Heritage New Zealand Pouhere Taonga concerning heritage matters that relate to particular historic places, historic areas, wāhi tapu, or wāhi tapu areas.

11 Functions of Heritage New Zealand Pouhere Taonga
  • (1) In order to achieve the purpose of this Act, the functions of Heritage New Zealand Pouhere Taonga are—

    • (a) to identify, record, investigate, assess, list, protect, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas or enter such places and areas on the New Zealand Heritage List/Rārangi Kōrero, or to assist in doing those things, keeping permanent records of that work, and providing support for persons with a legal or equitable interest in such places and areas:

    • (ab) to continue and maintain the New Zealand Heritage List/Rārangi Kōrero:

    • (b) to advocate the conservation and protection of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:

    • (c) to foster public interest and involvement in historic places and historic areas and in identifying, recording, investigating, assessing, protecting, and conserving them, maintaining the New Zealand Heritage List/Rārangi Kōrero, and entering such places on that list:

    • (d) to issue authorities in accordance with this Act:

    • (e) to manage, administer, and control historic places, buildings, and other property owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it to ensure their protection, preservation, and conservation:

    • (f) in the event of a national or local emergency, to provide advice on heritage matters:

    • (g) to establish and maintain a list of places of outstanding national heritage value, to be called the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu:

    • (h) to act as a heritage protection authority under Part 8 of the Resource Management Act 1991 for the purposes of protecting—

      • (i) the whole or part of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area; and

      • (ii) land surrounding the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is reasonably necessary to ensure the protection and reasonable enjoyment of the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

    (2) In performing its functions under subsection (1)(b), Heritage New Zealand Pouhere Taonga must recognise the interests of an owner in a particular historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

    (3) The Minister must not give directions to Heritage New Zealand Pouhere Taonga that concern heritage matters relating to particular historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas.

    (4) However, subsection (3) does not apply to the powers of the Minister under subpart 2 of Part 4 (which provides for the creation and maintenance of the Landmarks list).

12 Powers of Heritage New Zealand Pouhere Taonga
  • (1) Heritage New Zealand Pouhere Taonga has the powers necessary to—

    • (a) advocate its interests at any public forum or in any statutory planning process in which it has standing under an Act:

    • (b) identify, record, investigate, assess, register, protect, enter on the New Zealand Heritage List/Rārangi Kōrero, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas, or assist any person or organisation to do 1 or more of those things:

    • (c) acquire, restore, conserve, and manage historic places and historic areas, or assist any person or organisation to do 1 or more of those things:

    • (d) assist any person or organisation to acquire, restore, conserve, or manage any wāhi tūpuna, wāhi tapu, or wāhi tapu area:

    • (e) erect suitable signs and notices on historic places and historic areas, subject to the consent of the owner first being obtained, in the case of any historic place or historic area not owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it:

    • (f) enter into agreements with local authorities, corporations, societies, individuals, or other controlling bodies for the management, maintenance, and preservation of any historic place or historic area or, where appropriate, wāhi tūpuna, wāhi tapu, or wāhi tapu area:

    • (g) in relation to any land or buildings owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it, make them accessible to the public, charge fees for admission, lease or let them, or use them for any suitable purpose:

    • (h) promote or supervise the investigation of a historic place or historic area or, where appropriate, of a wāhi tūpuna, wāhi tapu, or wāhi tapu area:

    • (i) provide information relating to a historic place or historic area or, where appropriate, to a wāhi tūpuna, wāhi tapu, or wāhi tapu area:

    • (j) act as a heritage protection authority under Part 8 of the Resource Management Act 1991 for the purpose of protecting—

      • (i) the whole or part of a historic place, historic area, wāhi tapu, or wāhi tapu area; and

      • (ii) land surrounding the historic place, historic area, wāhi tapu, or wāhi tapu area that is reasonably necessary to ensure the protection and reasonable enjoyment of the historic place, historic area, wāhi tapu, or wāhi tapu area:

    • (k) charge for services provided by Heritage New Zealand Pouhere Taonga under this Act, including—

      • (i) processing applications received by Heritage New Zealand Pouhere Taonga:

      • (ii) carrying out investigations:

      • (iii) producing, acquiring, and marketing products:

      • (iv) providing information:

    • (l) in accordance with any regulations made under section 97, discount administrative charges imposed under paragraph (k)(i) and (ii), if Heritage New Zealand Pouhere Taonga does not process an application within the time prescribed by this Act:

    • (m) take appropriate enforcement or restraining action under subpart 1 of Part 5:

    • (n) carry out the functions and perform the duties conferred or imposed on it by this Act or under any other enactment.

    (1A) In exercising its powers under subsection (1)(a), Heritage New Zealand Pouhere Taonga must recognise the interests of an owner in a particular historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

    (2) Nothing in this Act requires Heritage New Zealand Pouhere Taonga to negotiate or agree with any person to acquire any land or interest in land.

    (3) No interest in land may be regarded as having been taken or injuriously affected and no compensation is payable by reason only of any provision of this Act.

13 Rights of entry onto land
  • (1) Any employee of, or person authorised by, Heritage New Zealand Pouhere Taonga may enter onto any land, with any assistants thought assistance reasonably necessary (such as persons, vehicles, machinery, or equipment), for the purposes of—

    • (a) carrying out an investigation under section 54 55 to determine whether there is an archaeological site on the land and whether an authority is necessary:

    • (b) obtaining information as to the significance of an archaeological site so as to decide whether to impose a condition on an authority under section 49(2):

    • (c) locating, recording, or inspecting any historic place for the purposes of Part 3 or Part 4.

    (2) The owner, occupier, or applicant must not obstruct any investigation, locating, recording, or inspection of, or the obtaining of information about, a historic place undertaken under subsection (1).

    (3) If an application is granted under section 46(1) subject to a condition of the kind referred to in section 49(2), an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga may enter on onto the land to assess the site, with any assistants thought assistance reasonably necessary, and the owner, occupier, or applicant must not obstruct that assessment.

    (4) The power conferred by subsections (1) and (3) includes a power to locate, record, or inspect any historic place and to do everything reasonably necessary for the exercise of that power, including affixing any pegs, marks, or poles to the place or taking samples of materials associated with the place.

    (5) The power to enter onto land conferred by subsection (1) or (3) is subject to the following conditions:

    • (a) entry onto the land must be made only by an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga in writing:

    • (b) reasonable notice of the intention to enter must be given:

    • (c) entry may only be made at reasonable times:

    • (d) the person entering must carry and produce evidence of his or her authority and identity on initial entry (and subsequently if required):

    • (e) if the owner or occupier is not present at the time of entry, the person exercising the power of entry must leave advice of the entry in a place where it can easily be seen by the owner or occupier.

    (6) This section does not authorise an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga to enter any dwelling, except on the authority of a warrant issued by a District Court Judge.

    (7) If the Judge is satisfied on oath that it is reasonably necessary that the dwelling be entered, the Judge may issue a warrant to the employee of Heritage New Zealand Pouhere Taonga or a person authorised for the purpose by Heritage New Zealand Pouhere Taonga.

    (8) A warrant issued under subsection (7) must expire no later than the date that is 14 days after it was is issued.

    (9) In this section, applicant means a person who has applied for an authority under section 42 in respect of the relevant site.

General policy requirements

14 General policy for historic places and archaeological sites
  • (1) As soon as is reasonably practicable after the commencement of this Act, Heritage New Zealand Pouhere Taonga must confirm the statements of general policy adopted by the New Zealand Historic Places Trust under section 57 of the Historic Places Act 1993 before the commencement of this Act for the management, administration, control, and use of the historic places owned or controlled by, or vested in, Heritage New Zealand Pouhere Taonga.

    (2) Not later than 12 18 months after the commencement of this Act, Heritage New Zealand Pouhere Taonga must consult on and adopt 1 or more statements of general policy for the administration of subparts 3 and 4 of Part 3 each of the matters listed in section 15(1)(b).

    (3) In the case of the requirement under subsection (1) to confirm the adoption of existing statements of general policy relating to historic places, Heritage New Zealand Pouhere Taonga may—

    • (a) by resolution adopt the statements as the general policy statements of Heritage New Zealand Pouhere Taonga and must comply with section 15(4); or

    • (b) propose any amendments that it considers necessary or desirable to any part of a statement, in compliance with the provisions of section 15, unless Heritage New Zealand Pouhere Taonga resolves on reasonable grounds that those procedures need not be followed.

    (4) In the case of a statement of general policy required under subsection (2), Heritage New Zealand Pouhere Taonga must comply with section 15.

    (5) In this section and section 15, historic place includes any chattel or object or class of chattel or object entered in the Register New Zealand Heritage List/Rārangi Kōrero for that place.

15 Procedures for adopting policy statements
  • (1) A statement of general policy prepared by Heritage New Zealand Pouhere Taonga after the commencement of this Act must—

    • (a) be prepared in draft form; and

    • (b) state the general policy—

      • (i) for the administration of archaeological sites under subparts 3 and 4 2 and 3 of Part 3 and subpart 2 of Part 4:; and

      • (ii) for the historic places owned or controlled by, or vested in, Heritage New Zealand Pouhere Taonga:; and

      • (iii) for the administration of the New Zealand Heritage List/Rārangi Kōrero; and

      • (iv) for the administration of the Landmarks list; and

      • (v) for the statutory role of advocacy conferred on Heritage New Zealand Pouhere Taonga by section 11(1)(b) and on the Council by section 24(1)(ha).

    (2) Before adopting a statement, Heritage New Zealand Pouhere Taonga must—

    • (a) give public notice of the availability of the draft statement for public inspection; and

    • (b) invite persons and organisations to lodge written comments on the draft statement with Heritage New Zealand Pouhere Taonga before a date specified in the public notice, which must not be less than 40 working days after the date of publication of the notice; and

    • (c) make the draft statement available for public inspection free of charge during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices and on its Internet site; and

    • (d) submit the draft statement to the Minister.

    (3) Heritage New Zealand Pouhere Taonga must consider any comments received and review the draft statement before adopting it as a statement of general policy.

    (4) A statement must, while it is current, be available for public inspection free of charge during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices and on its Internet site.

    (5) Each statement confirmed under section 14(1) or adopted under section 14(2) must be reviewed by Heritage New Zealand Pouhere Taonga not later than 10 years after its confirmation or adoption, in accordance with subsections (1) to (4).

    (6) Heritage New Zealand Pouhere Taonga may amend a statement in the manner and by any process that it thinks fit.

    (7) Heritage New Zealand Pouhere Taonga must not act inconsistently with any statement of general policy.

15A Amendments to general policy statements
  • (1) Heritage New Zealand Pouhere Taonga may amend a statement of general policy adopted under section 15 as necessary to adapt the statement to changing circumstance or in accordance with increased knowledge.

    (2) If a statement of general policy is amended, section 15(2) and (3) apply, unless the Board resolves on reasonable grounds that those provisions need not be followed.

16 Conservation plans
  • (1) Heritage New Zealand Pouhere Taonga may, if it considers it appropriate to do so, adopt a conservation plan for any historic place owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it.

    (2) Section 15(1) to (6) Sections 15 and 15A apply, with the necessary modifications, to conservation plans.

    (3) Heritage New Zealand Pouhere Taonga must not act inconsistently with a conservation plan.

16A Duty to act consistently with general policy and plans
  • Heritage New Zealand Pouhere Taonga must not act inconsistently with a statement of general policy adopted under section 15 or a conservation plan adopted under section 16 unless the Board resolves on reasonable grounds that an action may be taken that is inconsistent with a statement of general policy or a conservation plan.

Procedural matters for Heritage New Zealand Pouhere Taonga

17 Meetings of board
  • Clauses 6 to 13 of Schedule 5 of the Crown Entities Act 2004 apply to meetings of the board except that, despite clause 13 of that schedule, a resolution signed or assented to in writing by members who together form a quorum is as valid and effectual as if it had been passed at a meeting of the board validly called and constituted.

18 Delegations
  • (1) The rules on delegation in the Crown Entities Act 2004 apply to delegations by the board.

    However, despite Despite section 73 of the Crown Entities Act 2004, the board Board must not delegate the power to—

    • (a) enter into a heritage covenant under section 37:

    • (b) declare an archaeological site under section 40(1)(b) section 41(1):

    • (c) grant an authority under section 46, if the costs of an investigation or scientific investigation exceed $100,000:

    • (d) confirm registration entries on the New Zealand Heritage List/Rārangi Kōrero under section 74(1)(a):

    • (e) vary or remove a registration an entry on, or remove an entry from, the New Zealand Heritage List/Rārangi Kōrero under section 80:

    • (f) acquire or dispose of real property:

    • (g) borrow money:

    • (h) adopt any statement of general policy under section 15:

    • (i) adopt a conservation plan under section 16:

    • (j) give notice to a territorial authority of a requirement for a heritage order under Part 8 of the Resource Management Act 1991 or grant interim registration under section 68, unless the delegation is one that must be jointly exercised by any 2 of the following persons:

      • (i) the chairperson:

      • (ii) 1 board Board member:

      • (iii) the chief executive of Heritage New Zealand Pouhere Taonga.

19 Delegations to Māori Heritage Council
  • (1) The board Board may, in writing, delegate to the Council any of its functions and powers other than those set out in section 18(2).

    (2) Clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004 does not limit subsection (1).

    (3) Subject to any general or special directions given by the board Board, the Council may exercise those functions and powers carry out the functions and exercise the powers delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on the Council directly by this Act and not by delegation.

    (4) The Council may delegate a function or power delegated under this section, but only—

    • (a) with the prior written consent of the board Board; and

    • (b) subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

    (5) If the Council purports to act in accordance with a delegation under this section, the Council—

    • (a) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation; and

    • (b) must, if reasonably requested to do so, produce evidence of its authority to act in accordance with the delegation.

    (6) A delegation under this section is revocable at will, and does not prevent the exercise of any function or power by the board or the Council the Board from carrying out a function or exercising a power.

20 Rules
  • The board Board may, by resolution, make rules that are not incompatible with this Act or the Crown Entities Act 2004 for the following purposes:

    • (a) regulating the proceedings of the board Board:

    • (b) providing for the custody of the property of Heritage New Zealand Pouhere Taonga and the use of its common seal:

    • (c) other purposes that Heritage New Zealand Pouhere Taonga considers necessary or expedient for properly carrying out its functions and exercising its powers.

Names protected

21 Protection of names
  • (1) No body may be incorporated or registered under any other enactment or in any other manner under any of the following names:

    • (a) Heritage New Zealand Pouhere Taonga, Heritage NZ, or Heritage New Zealand Pouhere Taonga:

    • (b) Historic Places Trust, New Zealand Historic Places Trust, NZHPT, or New Zealand Historic Places Trust (Pouhere Taonga):

    • (c) Pouhere Taonga:

    • (ca) Māori Heritage Council:

    • (d) any other name that so resembles a name listed in this subsection as to be likely to mislead a person.

    (2) No person or body other than Heritage New Zealand Pouhere Taonga may, either alone or with another person or body, operate or carry on activities under a name listed or described in subsection (1).

    (3) Subsections (1) and (2) do not apply to a body that, immediately before the commencement of this Act, included a name listed in subsections subsection (1)(a) to (d).

Taxation

22 Exemption from taxation
  • Heritage New Zealand Pouhere Taonga is exempt from the payment of income tax.

Subpart 2Māori Heritage Council

23 Māori Heritage Council continued
  • (1) This section continues the Māori Heritage Council established by section 84 of the Historic Places Act 1993.

    (2) The Council consists of 8 persons appointed by the Minister as follows:

    • (a) 4 members of the board Board, at least 3 of whom must be persons appointed under section 10(3); and

    • (b) 4 persons appointed by the Minister, after consultation with the Minister of Māori Affairs and the board Board, who—

      • (i) are Māori; and

      • (ii) collectively have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council.

    (3) The chairperson of the Council must be—

    • (a) a member of the board; and

    • (b) appointed by all members of the Council from among their number.

    (3) The Minister must, after consultation with the Minister of Māori Affairs, appoint a member of the Council to be the chairperson of the Council.

    (3A) The chairperson of the Council, if not a member of the Board, is entitled to attend and speak at meetings of the Board, but is not entitled to vote on any question.

    (4) A member of the Council—

    • (a) holds office for a term of not more than 3 years; and

    • (b) may be reappointed; and

    • (c) continues in office until that person's successor comes into office, unless the member

      • (i) the member vacates or is removed from office; or

      • (ii) ceases to be a member of the board Board, in the case of a member appointed under subsection (2)(a).

Functions and powers

24 Functions of Māori Heritage Council
  • (1) The Council has the following functions:

    • (a) to ensure that, in the protection of wāhi tapu, wāhi tapu areas, and historic places and historic areas of interest to Māori, Heritage New Zealand Pouhere Taonga meets the needs of Māori in a culturally sensitive manner:

    • (a) to ensure that, in the protection of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and other historic places and historic areas of interest to Māori, Heritage New Zealand Pouhere Taonga meets the needs of Māori in a culturally sensitive manner:

    • (b) to develop Māori programmes for the identification and conservation of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and historic places and historic areas of interest to Māori, and to inform the board Board of all activities, needs, and developments relating to Māori interests in such areas and places:

    • (c) to assist Heritage New Zealand Pouhere Taonga to develop and reflect a bicultural view in the exercise of its powers and functions:

    • (d) to develop its own iwi and other consultative and reporting processes and to recommend such processes for adoption by the board Board and staff of Heritage New Zealand Pouhere Taonga when dealing with matters of interest to Māori:

    • (e) to make recommendations to Heritage New Zealand Pouhere Taonga on applications referred by Heritage New Zealand Pouhere Taonga under section 47(1)(b) that relate to sites of interest to Māori:

    • (f) to consider and determine suitable applications for the registration of wāhi tapu and wāhi tapu areas:

    • (f) to consider and determine suitable applications to enter wāhi tūpuna, wāhi tapu, and wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero:

    • (g) to propose the registration of historic places and historic areas of interest to Māori to be entered on the New Zealand Heritage List/Rārangi Kōrero:

    • (h) to make recommendations to Heritage New Zealand Pouhere Taonga on applications for resource consents referred by Heritage New Zealand Pouhere Taonga under section 76:

    • (ha) to advocate the interests of Heritage New Zealand Pouhere Taonga and the Council so far as they relate to matters of Māori heritage at any public or Māori forum:

    • (i) to perform the functions delegated to the Council by the board Board:

    • (j) to perform the other functions imposed on the Council by this Act or any other Act.

    • (k) to advocate the interests of Heritage New Zealand Pouhere Taonga and the Council so far as they relate to matters of Māori heritage at any public or Māori forum.

    (2) In performing its functions under subsection (1)(ha), the Council must recognise the interests of an owner in a particular historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

25 Powers of Māori Heritage Council
  • (1) The Council has the powers that are reasonably necessary or expedient to enable it to carry out its functions.

    (2) Without limiting the generality of subsection (1), the Council may,—

    • (a) as the Council considers appropriate, appoint committees with members who may be, but are not necessarily, members of the Council:

    • (b) subject to subsection (3), delegate any functions of the Council under this Act to the chairperson, deputy chairperson, or to any committee of the Council, or the chief executive of Heritage New Zealand Pouhere Taonga.

    (3) The Council must not delegate its power to grant interim registration under section 68(2) to any person other than 2 of the following:

    • (a) the chairperson:

    • (b) the deputy chairperson:

    • (c) chief executive of Heritage New Zealand Pouhere Taonga.

Governance provisions

26 Deputy chairperson of Council
  • (1) The Council must elect one of its members to be the deputy chairperson as follows:

    • (a) at the first meeting of the Council after the commencement of this Act; and

    • (b) at the first meeting of the Council held after the 30th day of June in each year; and

    • (c) at the first meeting of the Council held after a vacancy has arisen in the office of the deputy chairperson.

    (2) The deputy chairperson holds office while he or she continues to be a member of the Council until a successor is appointed in accordance with subsection (1), and may be reappointed.

    (3) The deputy chairperson must perform all of the functions and duties and exercise all of the powers of the chairperson,—

    • (a) with the consent of the chairperson, at any time during the temporary absence of the chairperson:; or

    • (b) without that consent, at any time while the chairperson is temporarily incapacitated or prevented by illness or other cause from performing the functions and duties of his or her office:; or

    • (c) while there is any vacancy in the office of chairperson.

27 Resignation or removal from office
  • (1) Any member of the Council may resign from office at any time by notice to the Minister.

    (2) Any member may be removed from office at any time by the Minister if that member is unable to perform the functions of the office, is bankrupt, neglects his or her duty, is guilty of misconduct (if proved to the satisfaction of the Minister), or is convicted of an offence relating to historic places.

28 Leave of absence
  • (1) The Council may give leave of absence to any member.

    (2) A member is deemed to have vacated office if he or she is absent from 3 consecutive meetings of the Council without its leave.

29 Co-opted members
  • (1) Subject to subsection (2), where leave of absence has been given to any member, the Council may co-opt a person to be a co-opted member of the Council.

    (2) In the case of a Council member appointed under section 23(2)(a), any co-opted board Board member during that leave of absence also becomes a co-opted member of the Council for the period of absence.

    (3) The term of office of a member co-opted under subsection (1) or (2) ceases when—

    • (a) the leave of absence of the original member expires; or

    • (b) that member vacates, or is removed from, office.

30 Extraordinary vacancies
  • (1) The vacancy that occurs if a member dies, resigns from office, or is removed from office by the Minister is an extraordinary vacancy.

    (2) An extraordinary vacancy must be filled in the same manner as that of the person whose office has become vacant.

    (3) A person who fills an extraordinary vacancy holds office for the remainder of the term for which his or her predecessor was to hold office.

31 Powers of Council not affected by vacancies
  • The powers of the Council are not affected by any vacancy in the membership of the Council.

32 Meetings of Council
  • (1) The chairperson of the Council must preside at all meetings of the Council at which he or she is present.

    (2) If both the chairperson and the deputy chairperson are absent from any meeting, the members present must all appoint one of their number to be the chairperson of that meeting.

    (3) Meetings of the Council are to be held at the times and places that the Council or its chairperson appoints.

    (4) Subject to subsection (5), the chairperson—

    • (a) may at any time call a special meeting of the Council; and

    • (b) must call a special meeting of the Council whenever requested to do so in writing by 2 or more members of the Council.

    (5) Each member for the time being in New Zealand must be given not less than 5 working days' notice of every special meeting and of the business to be transacted at that meeting, and no business other than that specified in the notice may be transacted at that meeting.

    (6) At all meetings of the Council, 4 members, of whom 2 must be members of the board Board, constitute a quorum.

    (7) The decision of the Council on any matter is determined by a majority of the valid votes recorded on the matter.

    (8) Despite subsection (7), if a resolution is signed or assented to in writing by at least 4 members of the Council (2 of whom are members of the board), it has the same effect as a decision under that subsection.

    (9) At any meeting of the Council, the person for the time being acting as the chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.

    (9A) If a meeting is not convened, a resolution signed or assented to in writing by all members (whether sent by post, registered post, personal delivery, or electronic transmission) is as valid and effectual as if it had been passed at a meeting of the Council duly called and constituted.

    (9B) A resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.

    (10) Subject to this Act and the rules of Heritage New Zealand Pouhere Taonga made under section 20, the Council may regulate its own procedure.

33 Chairperson of board Board entitled to attend meetings of Council
  • (1) Notice in writing of every meeting of the Council and of the business proposed to be transacted at that meeting must be given to the chairperson of the board Board.

    (2) The chairperson or, in his or her absence, the deputy chairperson of the board Board (if any) is entitled to attend and speak at meetings of the Council, but is not entitled to vote on any question (unless that person is also a member of the Council).

34 Proceedings not affected by certain irregularities
  • The acts and proceedings of the Council, or of any person acting as a member of the Council, are not invalidated—

    • (a) by a vacancy in the membership of the Council at the time of the act or proceeding; or

    • (b) because of the subsequent discovery that there was some defect in the appointment of any person so acting or that he or she was ineligible, or had ceased, to be a member.

35 Application of Crown Entities Act 2004 to Council
  • (1) The following provisions of the Crown Entities Act 2004 apply to each member of the Council who is not a member of the board Board as if those members were a committee of Heritage New Zealand Pouhere Taonga appointed under clause 14 of Schedule 5 of the Crown Entities Act 2004:

    • (a) sections 43, 57, and 77, and sections 120 to 126 (which relate to immunities and indemnities); and

    • (b) sections 135, 152(1)(e) and (f), 152(2), 189, and 190 (which provide for the status of members as officials and for disclosure and transitional arrangements); and

    • (c) section 48 (which relates to the payment of the expenses of members).

    (2) Sections 62 to 72 of the Crown Entities Act 2004 (which relate to conflict of interest, disclosure, and protection of third-party interests) apply to each member of the Council who is not a member of the board Board as if the member were a member of the board Board.

36 Fees and travelling allowances in respect of Council
  • The members of the Council are entitled to be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees or salary, and allowances and expenses, in accordance with the fees framework for members of statutory and other bodies.

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

Subpart 1Heritage covenants

37 Heritage covenants
  • (1) Heritage New Zealand Pouhere Taonga may enter into a heritage covenant with the owner, or with the lessee or licensee, of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area to provide for the protection, conservation, and maintenance of the place, area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

    (2) A heritage covenant may—

    • (a) include the terms and conditions that the parties think fit, including provision for public access:

    • (b) state that it has effect in perpetuity or for any specified term, or may be expressed to terminate on the happening of a specific event or events:

    • (c) be varied or cancelled by agreement between the parties.

    (3) Subsections (1) and (2) apply only if the owner of the land relating to the historic place, historic area, wāhi tapu, or wāhi tapu area consents to entering the covenant.

    (3) Before a heritage covenant may be entered into, consent is required from—

    • (a) the owner of the land; and

    • (b) any other person having a registered interest in the land.

    (4) Nothing in this Act requires Heritage New Zealand Pouhere Taonga to negotiate or agree with any person in order to enter into a heritage covenant.

    (5) Sections 316 to 318 of the Property Law Act 2007 (which enable the cancellation or modification of easements and covenants by court order) do not apply to a heritage covenant entered into under this section in accordance with this Act.

    (6) In this section,—

    land

    • (a) means the land to which a heritage covenant relates; and

    • (b) includes, in the case of a building or structure that is the subject of the covenant, the land on which the building or structure is located

    owner, in relation to land,—

    • (a) means the owner of the fee simple estate in the land; and

    • (b) includes—

      • (i) any lessee or licensee who derives title from the land (other than a lessee or licensee who is executing a covenant); and

      • (ii) any person with a mortgagee's interest in the land

    parties means Heritage New Zealand Pouhere Taonga and includes, as relevant,—

    • (a) the owner, lessee, or licensee of the historic place, historic area, wāhi tapu, or wāhi tapu area; and

    • (b) the owner of the land to which the historic place, historic area, wāhi tapu, or wāhi tapu area relates.

38 Effect of heritage covenant
  • (1) A heritage covenant has effect according to its terms but is subject to this Act.

    (2) To avoid doubt,—

    • (a) entering into a heritage covenant does not prevent Heritage New Zealand Pouhere Taonga from exercising any powers under this Act or the Resource Management Act 1991 in relation to the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area to which the covenant relates; and

    • (b) a heritage covenant does not permit a person to carry out an act action contrary to this Act.

39 Registrar-General of Land must register instruments
  • (1) A heritage covenant—

    • (a) is an instrument that creates an interest in land within the meaning of section 62 of the Land Transfer Act 1952; and

    • (b) may be registered accordingly; and

    • (c) when registered under the Land Transfer Act 1952,—

      • (i) runs with the land; and

      • (ii) binds all subsequent owners of the land.

    (2) If a heritage covenant applies to land that comprises part of the land in a certificate of title, the Registrar-General of Land may require the deposit of a plan in accordance with section 167 of the Land Transfer Act 1952.

    (3) If a provision of a heritage covenant registered under the Land Transfer Act 1952 is varied or cancelled by agreement under section 37(2)(c), or has expired, the Registrar-General of Land must make an entry in the register noting that the heritage covenant has been varied or cancelled or has expired.

    (4) As the case may require, the provisions of the covenant—

    • (a) take effect as varied; or

    • (b) cease to have effect.

Subpart 2Archaeological sites

40 Application of this subpart
  • (1) Sections 41 to 57 apply—

    • (a) to an archaeological site, whether or not the site is entered on the Register; and

    • (b) to any other site that, on reasonable grounds, is declared by Heritage New Zealand Pouhere Taonga to be an archaeological site that—

      • (i) was associated with human activity in or after 1900 or is the site of the wreck of any vessel where that wreck occurred in or after 1900; and

      • (ii) is or may be able, through investigation by archaeological methods, to provide significant evidence relating to the historical and cultural heritage of New Zealand.

    (2) A declaration under subsection (1)(b) must be made—

    • (a) by notice in the Gazette; and

    • (b) by public notice.

    (3) As soon as practicable after a declaration is made, Heritage New Zealand Pouhere Taonga must serve on the affected owner (and the occupier, if different from the owner) a notice setting out the terms of the declaration.

Overarching protection for archaeological sites

40 Archaeological sites not to be modified or destroyed
  • (1) Unless an authority is granted under section 46, 54(1)(b), or 60 in respect of an archaeological site, no person may modify or destroy, or cause to be modified or destroyed, the whole or any part of that site if that person knows, or can reasonably be expected to know, that the site is an archaeological site.

    (2) Subsection (1) applies whether or not an archaeological site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero under Part 4.

    (3) Despite subsection (1), an authority is not required to permit work on a building that is an archaeological site unless the work will result in the demolition of the whole of the building.

When authority required

41 Archaeological sites not to be harmed
  • Unless an authority is granted under section 46 in respect of an archaeological site, no person may harm, or cause to be harmed, the whole or any part of that site, if that person knows or has reasonable cause to suspect that it is an archaeological site.

41 Declaration of archaeological site
  • (1) Heritage New Zealand Pouhere Taonga may, on reasonable grounds, declare any place to be an archaeological site if the place—

    • (a) was associated with human activity in or after 1900 or is the site of the wreck of any vessel where that wreck occurred in or after 1900; and

    • (b) provides, or may be able to provide, through investigation by archaeological methods, significant evidence relating to the historical and cultural heritage of New Zealand.

    (2) A declaration under subsection (1) must be made—

    • (a) by notice in the Gazette; and

    • (b) by public notice.

    (3) As soon as practicable after a declaration is made, Heritage New Zealand Pouhere Taonga must serve a notice setting out the terms of the declaration—

    • (a) on the affected owner (and the occupier, if different from the owner); and

    • (b) on the relevant local authorities; and

    • (c) on the appropriate iwi or hapū.

Applications for authorities

42 Applications for authorities
  • (1) The following applications may be made by any person to Heritage New Zealand Pouhere Taonga:

    • (a) an application for an authority to undertake an activity that will or may harm modify or destroy the whole or any part of an archaeological site any archaeological site or sites within a specified area of land, whether or not the a site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero:

    • (b) an application for an authority to undertake an activity that will or may harm modify or destroy a recorded archaeological site, if the effects of that activity on the site will be no more than minor, as assessed in accordance with section 44(5):

    • (c) an application for an authority to conduct a scientific investigation of an archaeological site.

    (2) In this section and in sections 43 and 44, recorded archaeological site means an archaeological site for which the location is recorded on a database identified by Heritage New Zealand Pouhere Taonga as the national inventory of archaeological sites.

42A Application for approval of person to carry out activity
  • (1) At any time before an activity in relation to an archaeological site is carried out under an authority, the person applying for the authority (or the holder of an authority) must apply to Heritage New Zealand Pouhere Taonga for approval of any person nominated to undertake the activity under an authority.

    (2) A person must not be approved to carry out an activity under subsection (1) unless Heritage New Zealand Pouhere Taonga is satisfied that the person—

    • (a) has sufficient skill and competency and is fully capable of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga; and

    • (b) has appropriate access to institutional and professional support and resources.

    (3) If it is necessary at any time, and for any reason, to replace the person approved to carry out an activity under an authority, the holder of the authority must, by written application to Heritage New Zealand Pouhere Taonga, seek approval for another nominated person to carry out that activity.

    (4) Heritage New Zealand Pouhere Taonga must—

    • (a) determine an application under subsection (1) or (3) in accordance with this section not later than 10 working days after receiving it; and

    • (b) notify the applicant, and any other person directly affected, of the determination as soon as practicable.

43 Information that must be provided with application for authority
  • (1) Every application for an authority made under section 42 must be made in writing to Heritage New Zealand Pouhere Taonga in the form and manner prescribed by regulations made under this Act or as may be approved for the purpose by Heritage New Zealand Pouhere Taonga.

    (2) An application must include the following information:

    • (a) a legal description of the land adequate to identify the land to which the application relates; and

    • (b) the name of the owner of the relevant land, if the applicant is not the owner of the relevant land, proof of the owner's consent to the proposed activity; and

    • (ba) proof of that consent, if the owner has consented to the proposed activity; and

    • (c) a description of any recorded each archaeological site to which the application relates and the location of any such each site; and

    • (d) a description of the activity for which the authority is sought; and

    • (e) the name of the person who, if approved by Heritage New Zealand Pouhere Taonga under section 45, is to carry out an activity in relation to any authority granted; and

    • (f) a description of the harm to the archaeological site that will result from the proposed activity; and

    • (f) a description of how the proposed activity will modify or destroy each archaeological site; and

    • (g) except in the case of an application made under section 42(1)(b) 42(b), an assessment of—

      • (i) 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 harm to proposed modification or destruction of the archaeological site; and

      • (ii) the effect of the proposed activity on those values; and

    • (h) a statement as to whether consultation with tangata whenua and, the owner of the relevant land (if the applicant is not the owner), or any other person likely to be affected—

      • (i) has taken place, with details of the consultation, including the names of the parties and the tenor of the views expressed; or

      • (ii) has not taken place, with the reasons why consultation has not occurred.

    (2A) The application may (but need not) include an application required by section 42A.

    (3) Before applying under section 42(1)(c) 42(c) to conduct a scientific investigation of a site of interest to Māori, the applicant must—

    • (a) have the consent of the iwi authority or other body identified by the Council appropriate iwi or hapū; and

    • (b) provide evidence of that consent in the information given under subsection (2).

    (4) An applicant who has previously provided provides the information required under subsection (2) for the purposes of a resource consent application or notice of requirement for a designation under the Resource Management Act 1991 (the planning application)—

    • (a) may provide the same information to Heritage New Zealand Pouhere Taonga that was as that provided for the planning application under the Resource Management Act 1991; but

    • (b) must ensure that all of the information required by subsection (2) is also provided.

44 Processing of applications for authorities
  • (1) Not later than 5 working days after receiving an application under section 42, Heritage New Zealand Pouhere Taonga must, if it is satisfied that the application includes all of the information required by section 43, determine,—

    • (a) in the case of an application for an authority made under section 42(1)(a) or (c) 42(a) or (c), whether the assessment required by section 43(2)(g) is adequate:

    • (b) in the case of an application for an authority made under section 42(1)(b) 42(b), whether the effects of the proposed activity are, or are likely to be, no more than minor, assessed in accordance with subsection (5).

    (2) If Heritage New Zealand Pouhere Taonga is satisfied that the application meets the relevant requirements under subsection (1), it must—

    • (a) lodge accept and process the application, including determining under section 45 42A whether to approve the person nominated to carry out any work in respect of the site; and

    • (b) advise the applicant of the latest date by which, in accordance with section 48, notice will be given of the decision on the application; and

    • (c) in the case of an application to which subsection (1)(b) applies, ensure that an assessment required by section 43(2)(g) is undertaken by or on behalf of Heritage New Zealand Pouhere Taonga in relation to the recorded archaeological site.

    (3) If Heritage New Zealand Pouhere Taonga determines that an application does not meet the relevant requirements under subsection (1), it must—

    • (a) return the application to the applicant, giving written reasons why the application has been returned; and

    • (b) advise the applicant by notice of what further information is required before the application is able to be lodged.

    (4) For the purposes of making a decision under this section, an application that is returned under subsection (3) and submitted with further information must be treated by Heritage New Zealand Pouhere Taonga as a new application.

    (5) In the case of an application made under section 42(1)(b) 42(b), without limiting the matters that Heritage New Zealand Pouhere Taonga may have regard to for the purpose of determining whether an application meets the requirements of subsection (1)(b) of this section, it must have regard to—

    • (a) the significance of the site in relation to evidence of the historical and cultural heritage of New Zealand; and

    • (b) the extent to which the proposed activity will harm modify or destroy the site.

45 Approval of persons to carry out activity
  • (1) Heritage New Zealand Pouhere Taonga must, in accordance with the time frame required by section 48, determine whether to approve the person specified under section 43(2)(e) to carry out an activity under an authority, if granted.

    (2) A person must not be approved to carry out an activity unless Heritage New Zealand Pouhere Taonga is satisfied that the person—

    • (a) has sufficient skill and competency and is fully capable of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga; and

    • (b) has appropriate access to institutional and professional support and resources.

Determination of applications for authorities

46 Determination
  • (1) In determining an application made under section 42, Heritage New Zealand Pouhere Taonga may—

    • (a) grant an authority, in whole or in part, subject to any conditions it sees fit, including conditions that may be imposed under section 49; or

    • (b) refuse to grant an authority.

    (2) Heritage New Zealand Pouhere Taonga must—

    • (a) make its determination in accordance with the requirements of sections 45(2) and47 to 49; and

    • (b) advise the relevant local authorities of that determination.

47 Factors relevant to making determination
  • (1) Before determining an application under section 46, Heritage New Zealand Pouhere Taonga must take the following steps, to the extent that they are relevant to the application being considered:

    • (a) it must have regard to any statutory acknowledgement in respect of an archaeological site to which the application relates, as specified in the Act by which the statutory acknowledgement was made; and

    • (b) unless the Board has delegated to the Council under section 19 the power to make determinations in relation to sites of interest to Māori, it must refer to the Council any application that relates to a site of interest to Māori for recommendations that the Council thinks appropriate; and

    • (c) in the case of an application that relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)(b) of the Marine and Coastal Area (Takutai Moana) Act 2011, it must comply with section 89(a) of that Act.

    (2) If Heritage New Zealand Pouhere Taonga refers an application to the Council under subsection (1)(b), the Council may—

    • (a) make recommendations on the application; and

    • (b) for that purpose, consult as it thinks appropriate.

    (2) In making a determination, Heritage New Zealand Pouhere Taonga must have regard to the matters set out in section 57(1)(a) (the matters to which the Environment Court must have regard when determining an appeal).

    (3) If Heritage New Zealand Pouhere Taonga refers an application to the Council for a recommendation under subsection (1)(b), the Council may consult as it thinks appropriate.

48 Time within which applications to be determined
  • (1) Heritage New Zealand Pouhere Taonga must make its determination under section 46 and give notice of that decision not later than—

    • (a) 20 working days after the date on which an application is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga; or

    • (b) 30 working days after the date on which an application is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga, if Heritage New Zealand Pouhere Taonga has decided that it is necessary for it to undertake its own assessment of the Māori values associated with the site to which the application relates; or

    • (c) 40 working days after the date on which an application is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga in any case where, in the opinion of Heritage New Zealand Pouhere Taonga, the complexity of the matter, as established by the assessment required by section 43(2)(g), requires that additional time.

    (2) An application under section 42(1)(b) 42(b) must be determined not later than 20 working days after it is accepted by Heritage New Zealand Pouhere Taonga under section 44(2)(a).

    (3) If it is necessary at any time, and for any reason, to replace the person approved under section 45 to carry out an activity, the holder of the authority must, by written request to Heritage New Zealand Pouhere Taonga, seek approval for another nominated person to carry out that activity.

    (4) Heritage New Zealand Pouhere Taonga must determine a request under subsection (3)

    • (a) not later than 10 working days after receiving it; and

    • (b) in accordance with section 45(2).

Conditions

49 Imposition of conditions on authorities
  • (1) Applications granted under section 46 are subject to the following conditions: An authority granted under section 46 may include any conditions, including conditions that—

    • (aa) the consent of the land owner must be obtained before the holder of an authority may enter the relevant site or undertake any activity under that authority; and

    • (a) the site must be returned as nearly as possible to its former state (unless otherwise agreed with between the owner of the land on which the site is located and Heritage New Zealand Pouhere Taonga); and

    • (b) any activity undertaken at the site under the authority must conform to accepted archaeological practice; and

    • (c) Heritage New Zealand Pouhere Taonga, or the person approved under section 45 42A to carry out an activity, must provide a report on any activity as soon as practicable after its completion to—

      • (i) the holder of the authority; and

      • (ii) the owner of the archaeological site concerned, if different from the holder; and

      • (iii) Heritage New Zealand Pouhere Taonga, unless Heritage New Zealand Pouhere Taonga prepared the report.

    (2) Heritage New Zealand Pouhere Taonga may impose a condition requiring a scientific an investigation, but only if 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.

    (3) If a condition of the kind referred to in subsection (2) is imposed, the rights conferred on any person by the authority granted under section 46 must not, unless Heritage New Zealand Pouhere Taonga specifies otherwise, be exercised until whichever of the following is the later:

    • (a) Heritage New Zealand Pouhere Taonga is advised in writing by the holder that the condition has been fully complied with:

    • (b) 20 working days have elapsed since the date that the authority was granted by Heritage New Zealand Pouhere Taonga.

50 Review of conditions of authority
  • (1) At any time while an authority that is subject to conditions imposed under section 49 is current,—

    • (a) the holder of the authority may apply to Heritage New Zealand Pouhere Taonga for a change to, or cancellation of, any of the conditions imposed on the authority; or

    • (b) Heritage New Zealand Pouhere Taonga may initiate a review of the conditions of the authority.

    (2) The holder of an authority must ensure that all activities being carried out under the authority, or such work as is specified by Heritage New Zealand Pouhere Taonga, is ceased immediately if, as the case may be appropriate,—

    • (a) an application is made under subsection (1)(a); or

    • (b) Heritage New Zealand Pouhere Taonga gives notice under subsection (6)(a) of its intention to initiate a review.

    (3) An application under subsection (1)(a) must include—

    • (a) the details of the authority and the area of land to which it applies; and

    • (b) the conditions in respect of which a change or cancellation is sought; and

    • (c) the reasons for the application.

    (4) Not later than 5 working days after the application under subsection (1)(a) is received, Heritage New Zealand Pouhere Taonga must—

    • (a) determine whether it meets the requirements of subsection (3); and

    • (b) give notice to the applicant of that determination and return the application to the applicant, with written reasons, if the application does not meet the requirements.

    (5) If the application meets the requirements, Heritage New Zealand Pouhere Taonga must, within 20 working days after receiving the application,—

    • (a) consider and determine the application as if it were an application for an authority; and

    • (b) give notice to the applicant, with written reasons, of its determination.

    (6) If Heritage New Zealand Pouhere Taonga initiates a review under subsection (1)(b), the following provisions apply:

    • (a) Heritage New Zealand Pouhere Taonga must give notice to the holder of the authority that it will initiate a review, stating—

      • (i) which conditions are to be reviewed; and

      • (ii) the reasons for the review; and

    • (b) the holder may, not later than 20 working days after the date of the notice given under paragraph (a), provide a written submission to Heritage New Zealand Pouhere Taonga on the proposed review of the conditions of the authority; and

    • (c) Heritage New Zealand Pouhere Taonga must—

      • (i) consider any submissions received under paragraph (b) before making its determination; and

      • (ii) not later than 20 working days after the last date for providing a submission under that paragraph, determine the review and give notice of its determination to the holder.

    (7) Sections 46 and 49 apply to a determination made under subsection (5) or (6), with any necessary modifications.

    (8) In determining a review under subsection (6)(c), Heritage New Zealand Pouhere Taonga may—

    • (a) change or cancel any conditions:

    • (b) make no change to the conditions.

51 Notification of grant of authorities determination
  • (1) Not later than 20 working days after granting an authority, Heritage New Zealand Pouhere Taonga must give notice of the authority to the chief executive or to the nearest public museum.

    (1) Not later than 20 working days after determining an application under section 46 or 54, Heritage New Zealand Pouhere Taonga must give notice of its decision to—

    • (a) the applicant; and

    • (b) the owner of the relevant land, if the applicant is not the owner; and

    • (c) the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and

    • (d) in the case of a site of interest to Māori, the appropriate iwi or hapū; and

    • (e) the chief executive or the nearest public museum; and

    • (f) any other person with a right of appeal under section 56.

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

Consequences of grant of authority

52 Commencement and duration of authorities
  • (1) An authority granted under this subpart section 46 or 54 commences when—

    • (a) the time for lodging an appeal under section 56 expires and either

      • (i) no appeals have been lodged; or

      • (ii) any appeals have been withdrawn; or

    • (b) the Environment Court determines any appeals.

    (2) Subsection (1) applies subject to a later date being specified—

    • (a) by in the authority; or

    • (b) by the Environment Court.

    (2A) 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 owner has been obtained and notified to Heritage New Zealand Pouhere Taonga.

    (3) An authority is current until the earlier of— earliest of the following:

    • (a) the date specified in the authority:

    • (b) 5 years from the date the authority commences:

    • (c) 10 years from the date of the application, if the owner has not granted consent by that time.

    (4) At that On the applicable date, the authority expires.

53 Effect of grant of authority by Heritage New Zealand Pouhere Taonga
  • (1) An authority granted under this subpart, for the time that it is current,—

    • (a) runs with the land to which it applies; and

    • (b) is not affected by any change in the ownership of the land or in the lease or licence under which the land is held.

    (2) If there is a change of owner, lessee, or licensee of land over which a current authority applies, the new owner, lessee, or licensee must—

    • (a) give notice to Heritage New Zealand Pouhere Taonga of the change of ownership; and

    • (b) give contact details of the new owner, lessee, or licensee of the land.

    (2) The owner of land over which a current authority applies must, in the case of a change of ownership,—

    • (a) give notice to Heritage New Zealand Pouhere Taonga of that change; and

    • (b) advise the successor in title that an authority applies in relation to the land.

Other powers of Heritage New Zealand Pouhere Taonga

Exploratory investigations

54 Exploratory investigation of site or locality
  • (1) Heritage New Zealand Pouhere Taonga may, as far as it is consistent with the purpose of this Act,—

    • (a) carry out an exploratory investigation of any site or locality:

    • (b) authorise in writing persons who apply to carry out an exploratory investigation of any site or locality, subject to the conditions it thinks fit.

    (2) An application made under subsection (1)(b) need include only the information required by section 43(2)(a) to (d) and (h).

    (3) In considering an application under subsection (1)(b), Heritage New Zealand Pouhere Taonga must—

    • (a) refer to the Council any application that relates to a site of interest to Māori; and

    • (b) take into account—

      • (i) the nature and purpose of the proposed exploratory investigation; and

      • (ii) whether the person has adequate skills to carry out that investigation; and

      • (iii) whether the person has appropriate access to institutional and professional support and resources.

    (4) Not later than 10 working days after receiving an application under subsection (1)(b), Heritage New Zealand Pouhere Taonga must—

    • (a) determine whether to consent to or decline the application; and

    • (b) approve the person who is to carry out the exploratory investigation.

    (5) An exploratory investigation carried out under this section is subject to the following conditions:

    • (a) no investigation may be carried out without the consent of the owner (and of the occupier if different from the owner) of the site or locality that is to be investigated; and

    • (b) the site or locality must be returned as nearly as possible to its former state (unless otherwise agreed with the owner (and the occupier, if any) of the land on which the site is located); and

    • (c) any activity undertaken at the site must conform to accepted archaeological practice; and

    • (d) any other conditions that Heritage New Zealand Pouhere Taonga thinks fit.

    (6) Notice of a determination must be given in accordance with section 51.

55 Powers of Heritage New Zealand Pouhere Taonga if no authority held for activity
  • (1) Subsection (2) applies if—

    • (a) an activity is being carried out at any site or locality; and

    • (b) no authority is held or has been applied for in respect of that site or locality; and

    • (c) Heritage New Zealand Pouhere Taonga has reasonable cause to believe that—

      • (i) the site or locality is, or may be, or may include an archaeological site; and

      • (ii) the activity will harm modify or destroy the site.

    (2) Heritage New Zealand Pouhere Taonga may—

    • (a) enter the site or locality in accordance with section 13; and

    • (b) carry out an exploratory investigation of the site or locality to ascertain whether an authority is required for the activity referred to in subsection (1)(a); and

    • (c) if the site or locality proves to be, or to include, an archaeological site, recover the cost of the exploratory investigation from the owner or occupier of the land or the person carrying out the activity without an authority, as the case may be.

    (3) If the exploratory investigation establishes that the site or locality is, or includes, an archaeological site and that the activity will harm the site or locality, Heritage New Zealand Pouhere Taonga must ensure that the activity—

    • (a) ceases immediately; and

    • (b) is not resumed until an application has been lodged and an authority granted to carry out the activity.

    (3) If an exploratory investigation establishes that a site or locality is, or includes, an archaeological site and that the proposed activity will modify or destroy the site or locality, Heritage New Zealand Pouhere Taonga must take reasonable steps to prevent—

    • (a) the activity from continuing; and

    • (b) the resumption of the activity until an application has been lodged, and an authority granted, to carry out the activity.

Appeal provisions

56 Rights of appeal
  • (1) Any person who is directly affected by a decision of Heritage New Zealand Pouhere Taonga the exercise of a power referred to in subsection (2) may appeal against that decision by notice of appeal to the Environment Court.

    (2) The decisions for which there is a A right of appeal are as follows: applies to the exercise of the power conferred by—

    • (a) section 40(1)(b) 41(1) (a power to make a declaration):

    • (b) section 45 42A (a power to approve a person to carry out an activity under an authority):

    • (c) section 46 (a power to determine an application for an authority):

    • (d) section 49(2) (a power to require a scientific an investigation as a condition of an authority):

    • (e) section 50 (a power to review conditions):

    • (f) section 52(3)(a) (a power to specify the duration of an authority):

    • (g) section 54 (a power to conduct an exploratory investigation of a site or locality):

    • (h) section 55 (a power to carry out an exploratory investigation of a site or locality where an activity is being carried out without an authority).

    (3) The notice of appeal must—

    • (a) state the reasons for the appeal and the relief sought; and

    • (b) state any matters that are prescribed in regulations made under the Resource Management Act 1991 for appeals under section 120 of that Act; and

    • (c) not later than 15 working days after notice is given under section 48(1) or 54(6) of the decision being appealed against,—

      • (i) be lodged with the Environment Court; and

      • (ii) be served on Heritage New Zealand Pouhere Taonga; and

    • (d) not later than 5 working days after the notice of appeal is lodged with the Environment Court, be served on the applicant or owner (if different from the appellant) served, as relevant, on the applicant and owner (if different from the applicant) to whom the appeal relates.

    (4) Subject to this section and section 57, an appeal must be heard and determined by the Environment Court in the manner provided for by or under the Resource Management Act 1991.

57 Decision on appeal
  • (1) In determining an appeal made under section 56, the Environment Court—

    • (a) must, in respect of a decision made on an application made under section 42, have regard to any matter it considers appropriate, including—

      • (i) the historical and cultural heritage value of the archaeological site and any other factors justifying the protection of the site:

      • (ii) the purpose and principles of this Act:

      • (iii) the extent to which protection of the archaeological site prevents or restricts the existing or reasonable future use of the site for any lawful purpose:

      • (iv) the interests of any person directly affected by the decision of Heritage New Zealand Pouhere Taonga:

      • (v) a statutory acknowledgement that relates to the archaeological site or sites concerned:

      • (vi) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tūpuna, wāhi tapu, and other taonga; and

    • (b) may confirm or reverse the decision appealed against or modify the decision in the manner that the Environment Court thinks fit.

    (2) Subsection (1) does not limit the powers of the Environment Court under the Resource Management Act 1991.

    (3) For the purposes of subsection (1)(a)(v), if the Environment Court has regard to a statutory acknowledgement, it must do so in accordance with the provisions of the relevant Act.

    (4) If the decision appealed against relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)(b) of the Marine and Coastal Area (Takutai Moana) Act 2011, the Environment Court must comply with section 89(b) of that Act.

    (5) Nothing in this section limits or affects the power of Heritage New Zealand Pouhere Taonga to issue a requirement for a heritage order under the Resource Management Act 1991.

Subpart 3Emergency authorities

58 Purpose and application of subpart
  • (1) This subpart provides a process for obtaining an emergency authority to undertake an activity that will or may harm an archaeological site in the event of a national or local emergency, whether a natural or other disaster, that causes or is likely to cause—

    • (a) loss of life or serious injury to persons:

    • (b) serious damage to property.

    (1) This subpart provides a process for obtaining an emergency authority to undertake an activity that will or may modify or destroy an archaeological site located in an area or a district over which a national or local emergency is declared under the Civil Defence Emergency Management Act 2002.

    (2) This subpart applies only if a national or local emergency has been declared under the Civil Defence Emergency Management Act 2002.

    (3) Unless otherwise expressly provided for, this subpart applies instead of subpart 2 if an emergency authority is sought and granted within 12 months after a declaration is made under section 72 of the Civil Defence Emergency Management Act 2002 to terminate the emergency, or such further time as is reasonably necessary in the circumstances.

59 Application for emergency authority
  • (1) Any person may apply to Heritage New Zealand Pouhere Taonga for an emergency authority to undertake an activity that will or may harm modify or destroy an archaeological site if, after a national or local emergency has been declared, it appears that it may be necessary to undertake an activity that will or may harm modify or destroy that site.

    (2) Application An application for an emergency authority must—

    • (a) be made in the form and manner prescribed by regulations made under this Act or as may be approved for the purpose by Heritage New Zealand Pouhere Taonga; and

    • (b) include the information—

      • (i) required by section 43(2); or

      • (ii) that Heritage New Zealand Pouhere Taonga thinks appropriate in the circumstances.

    (3) Before Heritage New Zealand Pouhere Taonga grants an emergency authority, it must be satisfied that the person specified under section 43(2)(e) any person who is to carry out an activity under the emergency authority, if granted, meets the requirements of section 45(2) 42A(2).

    (4) After having regard to all the circumstances, Heritage New Zealand Pouhere Taonga, if it thinks that it is not necessary to use its emergency powers under this subpart, may decline to consider an application under this subpart, giving reasons for doing so, but determine it under subpart 2.

60 Determination of applications
  • (1) Heritage New Zealand Pouhere Taonga may—

    • (a) grant an emergency authority in whole or in part, with or without conditions; or

    • (b) refuse to grant an emergency authority, giving reasons for doing so.

    (2) In determining an application for an emergency authority, Heritage New Zealand Pouhere Taonga must take into account have regard to

    • (a) the purpose of this subpart; and

    • (ab) the need to protect public health and safety; and

    • (b) to the extent that they are relevant, the matters referred to in section 44(1)(a) and (b); and

    • (c) any statutory acknowledgement in respect of an archaeological site to which the application relates, as specified in the Act by which the statutory acknowledgement was made; and

    • (d) all of the matters set out in section 57(1)(a) (the matters to which the Environment Court must have regard when determining an appeal).

    (3) If an application made under this subpart relates to a site of interest to Māori,—

    • (a) Heritage New Zealand Pouhere Taonga must refer the application to the Council; and

    • (b) the Council may consult as it thinks appropriate, but must make any recommendations to Heritage New Zealand Pouhere Taonga not later than 3 days after the matter is referred to the Council.

    (4) In the case of an application that relates to a customary marine title area in respect of which a planning document has been lodged with Heritage New Zealand Pouhere Taonga under section 86(1)(b) of the Marine and Coastal Area (Takutai Moana) Act 2011, Heritage New Zealand Pouhere Taonga must comply with section 89(a) of that Act.

    (5) Heritage New Zealand Pouhere Taonga must determine an application—

    • (a) not later than 5 days after the application is received, in the case of an application that relates to a site of interest to Māori; or

    • (b) not later than 3 days after the application is received, in any other case.

    (6) As soon as practicable after making its determination, Heritage New Zealand Pouhere Taonga must give notice of that determination, with reasons, to—

    • (a) the applicant; and

    • (b) the owner of the relevant land, if the applicant is not the owner; and

    • (c) the local authorities with that have jurisdiction in the relevant area, if an authority is not except a local authority that is the applicant; and

    • (ca) in the case of a site of interest to Māori, the appropriate iwi or hapū; and

    • (d) the chief executive.

61 Condition requiring scientific investigation
  • (1) If Heritage New Zealand Pouhere Taonga is satisfied on reasonable grounds that a scientific an investigation ought to be carried out on a site for which an emergency authority is sought, an emergency authority may be granted subject to a condition requiring such an investigation.

    (2) If subsection (1) applies, Heritage New Zealand Pouhere Taonga must—

    • (a) complete the scientific investigation and issue its decision,—

      • (i) in the case of an archaeological site that is above ground level, not later than 14 days after the date that the emergency authority is issued; and

      • (ii) for any other archaeological site, within the time specified in the authority; and

    • (b) comply with section 60(5).

    (2) If subsection (1) applies, the investigation must be completed and a report issued,—

    • (a) in the case of an archaeological site that is above ground level, not later than 14 days after the date that the emergency authority is issued; and

    • (b) for any other archaeological site, within the time specified in the authority.

    (3) If a condition of the kind referred to in subclause subsection (1) is imposed, the emergency authority may be exercised only to the extent that it does not interfere with the scientific investigation until—

    • (a) Heritage New Zealand Pouhere Taonga has been notified that the investigation has been completed; and

    • (b) either— one of the following applies:

      • (i) Heritage New Zealand Pouhere Taonga confirms that the emergency authority may be exercised; or

      • (ii) 7 days have elapsed after the date on which notice was given under paragraph (a) and Heritage New Zealand Pouhere Taonga has not notified the applicant that the emergency authority must not be exercised.

    (4) To avoid doubt, Heritage New Zealand Pouhere Taonga is not responsible for undertaking any investigation that may be required under subsection (1).

62 Appeal rights
  • (1) There is a right of appeal to the Environment Court against a decision of Heritage New Zealand Pouhere Taonga made under section 60 for—

    • (a) an applicant whose application under section 42 59 is declined in whole or in part; and

    • (b) tangata whenua, on the appropriate iwi or hapū, in the case of a matter of culture or tradition associated with a site of interest to Māori.

    (2) A notice of appeal must—

    • (a) set out the matters required by section 56(3)(a) and (b); and

    • (b) be lodged with the Environment Court not later than 14 days after notice of the decision is given under section 60(5); and

    • (c) be served as required by section 56(3)(c) and (d), but not later than 3 days after being lodged with the Environment Court.

    (3) The provisions of section 57 apply, with the necessary modifications, to an appeal under this section.

Part 4
Registration of historic place, historic area, wāhi tapu, and wāhi tapu area

63 Register
  • (1) Heritage New Zealand Pouhere Taonga must continue and maintain the Register of historic places, historic areas, wāhi tapu, and wāhi tapu areas established under section 22 of the Historic Places Act 1993.

    (2) The purposes of the Register are—

    • (a) to inform members of the public about historic places, historic areas, wāhi tapu, and wāhi tapu areas:

    • (b) to notify the owners of historic places, historic areas, wāhi tapu, and wāhi tapu areas, as needed, for the purposes of this Act:

    • (c) to assist with the protection of historic places, historic areas, wāhi tapu, and wāhi tapu areas under the Resource Management Act 1991.

    (3) The Register must comprise—

    • (a) a part relating to historic places, set out under the following categories:

      • (i) category 1: places of special or outstanding historical or cultural heritage significance or value; and

      • (ii) category 2: places of historical or cultural heritage significance or value; and

    • (b) a part relating to historic areas; and

    • (c) a part relating to wāhi tapu; and

    • (d) a part relating to wāhi tapu areas.

    (4) The inclusion in, or removal from, the Register of details of historic places, historic areas, wāhi tapu, and wāhi tapu areas must be carried out in accordance with this Part.

    (5) An entry in the Register relating to a historic place may include any chattel or object or class of chattels or objects that are—

    • (a) situated in or on that place; and

    • (b) considered by Heritage New Zealand Pouhere Taonga to contribute to the significance of that place; and

    • (c) nominated by Heritage New Zealand Pouhere Taonga.

64 Criteria for registration of historic places and historic areas
  • (1) Heritage New Zealand Pouhere Taonga may include any historic place or historic area in the Register if the place or area has aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, technological, or traditional significance or value.

    (2) Heritage New Zealand Pouhere Taonga may assign the status of category 1 or category 2 to any historic place, having regard to any of the following criteria:

    • (a) the extent to which the place reflects important or representative aspects of New Zealand history:

    • (b) the association of the place with events, persons, or ideas of importance in New Zealand history:

    • (c) the potential of the place to provide knowledge of New Zealand history:

    • (d) the importance of the place to the tangata whenua:

    • (e) the community association with, or public esteem for, the place:

    • (f) the potential of the place for public education:

    • (g) the technical accomplishment, value, or design of the place:

    • (h) the symbolic or commemorative value of the place:

    • (i) the importance of identifying historic places known to date from early periods of New Zealand settlement:

    • (j) the importance of identifying rare types of historic places:

    • (k) the extent to which the place forms part of a wider historical and cultural complex or historical and cultural landscape:

    • (l) any additional criteria prescribed in regulations made under this Act for registration of historic places or historic areas of interest to Māori, or of wāhi tapu, or wāhi tapu areas:

    • (m) any additional criteria prescribed in regulations, provided they are not inconsistent with the criteria in paragraphs (a) to (k), for the purpose of—

      • (i) assigning category 1 or category 2 status to a historic place; or

      • (ii) the registration of a historic area.

65 Applications to register historic places
  • (1) Heritage New Zealand Pouhere Taonga or any other person may apply to register a historic place.

    (2) An application for registration—

    • (a) must describe the historic place to which it relates in such a way as to sufficiently identify it; and

    • (b) may state the proposed category of registration.

    (3) If Heritage New Zealand Pouhere Taonga considers an application for registration has no merit, it must decline the application.

    (4) If Heritage New Zealand Pouhere Taonga is satisfied that an application for registration is supported by sufficient evidence, it must proceed to determine the application in the following manner:

    • (a) publicly notify the application; and

    • (b) give notice of the application to—

      • (i) every person who—

        • (A) is an owner of the historic place concerned; or

        • (B) has a registered interest in the historic place; and

      • (ii) the local authorities with jurisdiction in the relevant area.

    (5) If an owner of a historic place receives a notice under subsection (4)(b), the owner must give notice of the application for registration to any occupier of the place.

    (6) In the case of an application for registration affecting Māori land,—

    • (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the effect of the notice in the court records.

    (7) The failure of an owner to notify an occupier under subsection (5) does not invalidate the registration process.

66 Applications to register wāhi tapu
  • (1) Any person may apply to the Council to register a wāhi tapu.

    (2) An application for registration must—

    • (a) include a legal description of the general area of land affected; and

    • (b) specify the general nature of the wāhi tapu included in the area.

    (3) If the Council considers that an application has no merit, it must decline the application.

    (4) If the Council is satisfied that an application for registration is supported by sufficient evidence, the Council must proceed to determine the application in the following manner:

    • (a) publicly notify the application; and

    • (b) give notice of the application to—

      • (i) every person who—

        • (A) is the owner of the wāhi tapu or part of the wāhi tapu; or

        • (B) has a registered interest in the wāhi tapu or part of the wāhi tapu; and

      • (ii) the local authorities with jurisdiction in the relevant area; and

      • (iii) the appropriate iwi.

    (5) If an owner of a wāhi tapu receives a notice under subsection (4)(b), the owner must give notice of the application for registration to any occupier of the place.

    (6) The failure of an owner to notify an occupier under subsection (5) does not invalidate the registration process.

    (7) In the case of an application for registration of a wāhi tapu affecting Māori land,—

    • (a) Heritage New Zealand Pouhere Taonga must give notice of it to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the effect of the notice in the court records.

67 Procedure to determine applications to register historic place or wāhi tapu
  • (1) The following persons may make written submissions on an application for registration to which section 65(4) or 66(4) applies:

    • (a) every owner of the whole or a part of the historic place or wāhi tapu:

    • (b) any occupier of the whole or a part of the historic place or wāhi tapu:

    • (c) every person with a registered interest in the whole or a part of the historic place or wāhi tapu:

    • (d) any body corporate engaged in, or having as one of its objects, the protection of historical and cultural heritage:

    • (e) the local authorities with jurisdiction in the relevant area:

    • (f) the appropriate iwi.

    (2) Submissions may be made on an application for registration whether or not interim registration has been granted for the historic place or wāhi tapu.

    (3) Submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as the case requires, within—

    • (a) 20 working days after the public notification of the application; or

    • (b) any longer period specified by Heritage New Zealand Pouhere Taonga or the Council in a particular case, but not longer than 40 working days after that public notification.

    (4) The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu.

    (5) If Heritage New Zealand Pouhere Taonga considers that a historic place proposed for registration is a site of interest to Māori, it must refer the application to the Council for its recommendation as to whether the historic place should be registered.

    (6) When deciding whether to register a historic place, Heritage New Zealand Pouhere Taonga —

    • (a) must take all submissions into account; and

    • (b) may reconsider the category of registration proposed for the place concerned; and

    • (c) may, if it considers it appropriate to do so, alter the category.

68 Interim registration
  • (1) Heritage New Zealand Pouhere Taonga may grant interim registration for any historic place if it is satisfied that the application for its registration is supported by sufficient evidence.

    (2) The Council may grant interim registration of any wāhi tapu, if it is satisfied that the application for registration is supported by sufficient evidence.

    (3) Heritage New Zealand Pouhere Taonga or the Council (as the case requires) must—

    • (a) publicly notify the interim registration; and

    • (b) give notice of the registration to any person that has been given notice under section 65(4)(b) or 66(4)(b).

    (4) Interim registration of a historic place or wāhi tapu becomes effective on and from the day on which notice given under section 65(4)(b) or 66(4)(b) is received by the owner of the place or wāhi tapu.

    (5) The persons referred to in section 67(1) may make submissions within 20 working days after the notice referred to in subsection (3).

69 Duration and effect of interim registration
  • (1) While a historic place or wāhi tapu has interim registration under section 68, sections 194 and 195 of the Resource Management Act 1991 apply to that place or wāhi tapu as if interim registration were a notice of requirement for a heritage order under that Act.

    (2) Interim registration lapses—

    • (a) when registration is confirmed under section 73 or 74; or

    • (b) 3 months after the date of the interim registration, if registration is not confirmed or interim registration is not cancelled within that period.

    (3) Despite subsection (2)(b), Heritage New Zealand Pouhere Taonga or the Council, as the case may be,—

    • (a) may extend the period of 3 months by 2 further periods of not more than 1 month each; but

    • (b) if paragraph (a) applies, must, at least 1 month before the interim registration expires,—

      • (i) publicly notify the period of the extension; and

      • (ii) give notice of the extension to the persons notified under section 68(3)(b).

    (4) If subsection (3) applies, the interim registration does not lapse under subsection (2)(b) until the expiry of that further period.

    (5) An owner notified of the extension of an interim registration under subsection (3)(b) may, within 5 working days after receiving the notice, object in writing to the proposed extension of interim registration.

    (6) Heritage New Zealand Pouhere Taonga or the Council, as the case may be, must—

    • (a) determine the objection within 5 working days after receiving the objection; and

    • (b) give notice of its decision to the owner concerned.

70 Applications to register historic areas
  • (1) Heritage New Zealand Pouhere Taonga or any other person may apply to register a historic area.

    (2) An application for registration must describe the historic area to which it relates in such a way as to sufficiently identify it.

    (3) If Heritage New Zealand Pouhere Taonga considers an application for registration has no merit, it must decline the application.

    (4) If Heritage New Zealand Pouhere Taonga is satisfied that the application for registration is supported by sufficient evidence, it must proceed to determine the application in the following manner:

    • (a) publicly notify the application; and

    • (b) give notice of the application to—

      • (i) every person who—

        • (A) is an owner of the historic area or part of the historic area; or

        • (B) has a registered interest in the historic area or part of the historic area; and

      • (ii) the local authorities with jurisdiction in the relevant area.

    (5) Despite subsection (4)(b), Heritage New Zealand Pouhere Taonga is not required to give notice under subsection (4)(b)(i)(A) if Heritage New Zealand Pouhere Taonga—

    • (a) does not know, or cannot identify, the person from publicly available records; or

    • (b) does not know the person's contact details and cannot identify them from publicly available records.

    (6) If an owner of a historic area or part of a historic area receives a notice under subsection (4)(b)(i)(A), the owner must give notice of the application for registration to any occupier of that historic area or part of the historic area.

    (7) The failure of an owner to notify an occupier under subsection (6) does not invalidate the registration process.

    (8) If an application for registration affects Māori land,—

    • (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the notice in the court records.

71 Applications to register wāhi tapu areas
  • (1) Any person may apply to the Council to register a wāhi tapu area.

    (2) Every application for registration must—

    • (a) include a legal description of the general area of land affected; and

    • (b) specify the general nature of the wāhi tapu included in the area.

    (3) If the Council considers that an application for registration has no merit, it must decline the application.

    (4) If the Council is satisfied that an application for registration is supported by sufficient evidence, the Council must proceed to determine the application in the following manner:

    • (a) publicly notify the application; and

    • (b) give notice of the application to—

      • (i) every person who—

        • (A) is an owner of the wāhi tapu area or part of the wāhi tapu area; or

        • (B) has a registered interest in the wāhi tapu area or part of the wāhi tapu area; and

      • (ii) the local authorities with jurisdiction in the relevant area; and

      • (iii) the appropriate iwi.

    (5) Despite subsection (4)(b), the Council is not required to give notice under subsection (4)(b)(i)(A) if the Council—

    • (a) does not know, or cannot identify, the person from publicly available records; or

    • (b) does not know the person's contact details and cannot identify them from publicly available records.

    (6) If an owner of a wāhi tapu area or part of a wāhi tapu area receives a notice under subsection (4)(b)(i)(A), the owner must give notice of the application for registration to any occupier of that wāhi tapu area or part of the wāhi tapu area.

    (7) The failure of an owner to notify an occupier under subsection (6) does not invalidate the registration process.

    (8) If an application for registration of a wāhi tapu area affects Māori land,—

    • (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the notice in the court records.

72 Procedure to determine applications to register historic area or wāhi tapu area
  • (1) The following persons may make written submissions on an application to which section 70(4) or 71(4) applies:

    • (a) every owner of the whole or a part of the historic area or wāhi tapu area:

    • (b) any occupier of the whole or a part of the historic area or wāhi tapu area:

    • (c) every person with a registered interest in the whole or a part of the historic area or wāhi tapu area:

    • (d) any body corporate engaged in, or having as one of its objects, the protection of historical and cultural heritage:

    • (e) the local authorities with jurisdiction in the relevant area:

    • (f) the appropriate iwi.

    (2) Submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as the case requires, within—

    • (a) 20 working days after the public notification of the application; or

    • (b) any longer period specified by Heritage New Zealand Pouhere Taonga or the Council in a particular case, but not longer than 40 working days after the public notification of the application.

    (3) The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu area.

    (4) If Heritage New Zealand Pouhere Taonga considers that a historic area proposed for registration is a site of interest to Māori, Heritage New Zealand Pouhere Taonga must refer the application to the Council for its recommendation as to whether the historic area should be registered.

    (5) Before making a decision under this section, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, must take all submissions into account.

73 Registration may be confirmed by agreement
  • Heritage New Zealand Pouhere Taonga or the Council, as the case requires, may confirm the registration of a historic place, wāhi tapu, historic area, or wāhi tapu area at any time—

    • (a) after notice of an application for registration has been given under section 65(4)(b), 66(4)(b), 70(4)(b), or 71(4)(b); and

    • (b) with the agreement of all owners and all persons holding a registered interest.

74 When registration takes effect
  • (1) The registration of a historic place, wāhi tapu, historic area, or wāhi tapu area takes effect 5 working days after the date on which notice is given to every owner of the historic place, wāhi tapu, historic area, or wāhi tapu area under subsection (2)(b), provided either—

    • (a) Heritage New Zealand Pouhere Taonga (in the case of a historic place or historic area) or the Council (in the case of a wāhi tapu or wāhi tapu area) has confirmed the registration; or

    • (b) the registration has been confirmed by agreement under section 73.

    (2) Heritage New Zealand Pouhere Taonga or the Council (as the case requires) must—

    • (a) publicly notify the registration; and

    • (b) give notice of the registration to any person that has been given notice under section 65(4)(b), 66(4)(b), 70(4)(b), or 71(4)(b).

75 Local authorities must have regard to recommendations
  • (1) In respect of any registered historic area, Heritage New Zealand Pouhere Taonga may make recommendations to the local authorities with jurisdiction in the area where the historic area is located as to the appropriate measures that those authorities should take to assist in the conservation and protection of the historic area.

    (2) In respect of any registered wāhi tapu area, the Council may make recommendations to the local authorities with jurisdiction in the relevant area as to the appropriate measures that those authorities should take to assist in the conservation and protection of the wāhi tapu area.

    (3) Local authorities that receive recommendations under subsection (1) or (2) must have regard to recommendations received from Heritage New Zealand Pouhere Taonga or the Council, as the case may be.

76 Applications affecting registered wāhi tapu areas
  • (1) Subsection (2) applies if Heritage New Zealand Pouhere Taonga—

    • (a) is advised by a local authority that it has received an application for a resource consent in respect of a registered wāhi tapu area; or

    • (b) is considering an application that affects a registered wāhi tapu area made under—

      • (i) section 42 (applications for authorities); or

      • (ii) section 54(1)(b) (applications to carry out exploratory investigations); or

    • (c) proposes to take any action in respect of a registered wāhi tapu area.

    (2) Before Heritage New Zealand Pouhere Taonga takes any action in respect of the application, it must—

    • (a) refer the matter to the Council; and

    • (b) consult, as the case requires,—

      • (i) the local authorities with jurisdiction in the relevant area; and

      • (ii) the applicant for the resource consent; and

      • (iii) the person who applied under section 71(1) for registration of the wāhi tapu area; and

      • (iv) the relevant iwi or other Māori group.

    (3) Not later than 15 working days after receiving an application, the Council must advise Heritage New Zealand Pouhere Taonga of any comment or recommendation it wishes to make on an application referred to it under this section.

77 Records to be supplied to territorial authorities
  • (1) Heritage New Zealand Pouhere Taonga must maintain, and supply to every territorial authority, a record of the registered historic places, historic areas, wāhi tapu, and wāhi tapu areas that are located within that territorial authority's district and heritage covenants that have effect in that area.

    (2) Each territorial authority must keep the record available for public inspection during its usual business hours.

    (3) Subsection (4) applies, for the purposes of section 34(4)(b) of the Building Act 2004 and section 44A(2)(g) of the Local Government Official Information and Meetings Act 1987, if notice is given to a territorial authority in respect of any historic place, historic area, wāhi tapu, or wāhi tapu area (but no other notification) under—

    • (a) section 65(4)(b)(ii), for interim registration or for removal from the Register:

    • (b) section 66(4)(b)(ii), for registration of a wāhi tapu:

    • (c) section 74(2)(b) or 81(b), for registration or removal from the Register:

    • (d) section 80(7), for review of a registration.

    (4) A notice given under subsection (3) is deemed to be information notified under this Act to a territorial authority by a statutory organisation with the power to classify land or buildings for any purpose.

78 Notification to territorial authorities
  • (1) Heritage New Zealand Pouhere Taonga may, in its discretion, give notice to any territorial authority of the particulars of any registered historic place, historic area, wāhi tapu, or wāhi tapu area within the jurisdiction of that territorial authority.

    (2) A notice given under subsection (1) must have sufficient detail to enable those particulars to be included in—

    • (a) any land information memorandum issued by the territorial authority under section 44A of the Local Government Official Information and Meetings Act 1987; and

    • (b) any project information memorandum issued by the territorial authority under section 34 of the Building Act 2004.

79 Availability of Register
  • The Register must be open for public inspection during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at regional offices of Heritage New Zealand Pouhere Taonga.

80 Review, variation, or removal of registration
  • (1) Heritage New Zealand Pouhere Taonga (in the case of a historic place or historic area) or the Council (in the case of a wāhi tapu or wāhi tapu area) may, at any time, review the registration of a historic place, historic area, wāhi tapu, or wāhi tapu area.

    (2) Any person may—

    • (a) apply to Heritage New Zealand Pouhere Taonga for a review of the registration of a historic place or historic area:

    • (b) apply to the Council for a review of the registration of a wāhi tapu or wāhi tapu area.

    (3) If a person applies for a review of a registration earlier than 3 years after the date of the registration or the last review of the registration, whichever is the later, Heritage New Zealand Pouhere Taonga may reject the application in whole or in part, but only on the grounds that—

    • (a) the application is frivolous or vexatious; or

    • (b) the substance of the application or part of it has been considered by Heritage New Zealand Pouhere Taonga within the last 3 years.

    (4) An application for review of a registration must be made in the form and manner prescribed by regulations made under this Act or as approved by Heritage New Zealand Pouhere Taonga for the purpose, stating the grounds for review.

    (5) An application for review of a registration must be determined by Heritage New Zealand Pouhere Taonga or the Council, as the case requires, not later than 1 year after the date of its receipt by Heritage New Zealand Pouhere Taonga or the Council.

    (6) However, Heritage New Zealand Pouhere Taonga or the Council, as the case may be,—

    • (a) must decline to consider any application that does not state any grounds for review or if it considers that the grounds stated are insufficient to justify a review; and

    • (b) must give notice of its decision, with reasons, to the applicant.

    (7) If Heritage New Zealand Pouhere Taonga or the Council decides to review a registration, whether on its own initiative or as a result of an application, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, must conduct the review in the same manner as if it were a proposal for registration under this Part.

    (8) When a review is completed, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, may—

    • (a) vary the registration; or

    • (b) remove the registration; or

    • (c) confirm the registration; or

    • (d) in the case of a historic place, change or confirm the category of registration.

    (9) If Heritage New Zealand Pouhere Taonga has, as part of its review, publicly notified a proposal to change the category of a registered historic building to category 1, it may apply section 194 of the Resource Management Act 1991 as if the application were a notice of requirement for a heritage order, until it has finally dealt with the application.

    (10) If Heritage New Zealand Pouhere Taonga has applied section 194 of the Resource Management Act 1991, section 195 of that Act also applies.

81 Removal of registration in cases of destruction or demolition
  • If a historic place, wāhi tapu, historic area, or wāhi tapu area is destroyed or demolished, Heritage New Zealand Pouhere Taonga or the Council, as the case requires,—

    • (a) may, after making any inquiries that it sees fit, remove the registration of that historic place, wāhi tapu, historic area, or wāhi tapu area; and

    • (b) must, as soon as practicable after removing a registration, give notice in writing to the local authorities with jurisdiction in the relevant area.

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 established

63 New Zealand Heritage List/Rārangi Kōrero
  • (1) Heritage New Zealand Pouhere Taonga must continue and maintain the New Zealand Heritage List/Rārangi Kōrero, which is the same as the register established under section 22 of the Historic Places Act 1993.

    (2) All entries on that register immediately before the commencement of this section are deemed to be entries on the New Zealand Heritage List/Rārangi Kōrero.

    (3) The purposes of the New Zealand Heritage List/Rārangi Kōrero are—

    • (a) to inform members of the public about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:

    • (b) to notify the owners of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas, as needed, for the purposes of this Act:

    • (c) to be a source of information about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas for the purposes of the Resource Management Act 1991.

    (4) The New Zealand Heritage List/Rārangi Kōrero must—

    • (a) separately identify historic places as—

      • (i) Category 1: places of special or outstanding historical or cultural heritage significance or value; or

      • (ii) Category 2: places of historical or cultural heritage significance or value; and

    • (b) separately identify historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas.

    (5) The inclusion in, or removal from, the New Zealand Heritage List/Rārangi Kōrero of details of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas must be carried out in accordance with this subpart.

    (6) An entry in the New Zealand Heritage List/Rārangi Kōrero relating to a historic place may include any chattel or object or class of chattels or objects that are—

    • (a) situated in or on that place; and

    • (b) considered by Heritage New Zealand Pouhere Taonga to contribute to the significance of that place; and

    • (c) proposed by Heritage New Zealand Pouhere Taonga for inclusion on the New Zealand Heritage List/Rārangi Kōrero.

Criteria for inclusion on New Zealand Heritage List/Rārangi Kōrero

64 Criteria
  • (1) Heritage New Zealand Pouhere Taonga may enter any historic place or historic area in the New Zealand Heritage List/Rārangi Kōrero if it is satisfied that the place or area has aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, technological, or traditional significance or value.

    (2) Heritage New Zealand Pouhere Taonga may assign the status of Category 1 or Category 2 to any historic place, having regard to the nature of the places to which those categories may be assigned (as described in section 63(4)(a)).

    (3) Heritage New Zealand Pouhere Taonga may assign a status under subsection (2) only if it is satisfied that the place has significance or value in relation to 1 or more of the following criteria:

    • (a) the extent to which the place reflects important or representative aspects of New Zealand history:

    • (b) the association of the place with events, persons, or ideas of importance in New Zealand history:

    • (c) the potential of the place to provide knowledge of New Zealand history:

    • (d) the importance of the place to tangata whenua:

    • (e) the community association with, or public esteem for, the place:

    • (f) the potential of the place for public education:

    • (g) the technical accomplishment, value, or design of the place:

    • (h) the symbolic or commemorative value of the place:

    • (i) the importance of identifying historic places known to date from an early period of New Zealand settlement:

    • (j) the importance of identifying rare types of historic places:

    • (k) the extent to which the place forms part of a wider historical and cultural area.

    (4) Additional criteria may be prescribed in regulations made under this Act for the purpose of assigning Category 1 or Category 2 status to a historic place, provided they are not inconsistent with the criteria set out in subsection (2).

    (5) The Council may enter any wāhi tūpuna on the New Zealand Heritage List/Rārangi Kōrero if it is satisfied that the wāhi tūpuna—

    • (a) has strong traditional associations with 1 or more ancestors significant to an iwi or a hapū; and

    • (b) is integral to the identity or cultural well-being of the iwi or hapū; and

    • (c) is a distinct and cohesive place or area.

    (6) Additional criteria may be prescribed in regulations made under this Act for entering historic places or historic areas of interest to Māori, wāhi tūpuna, wāhi tapu, or wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero, provided they are not inconsistent with the criteria set out in subsection (2) or (4), as the case requires.

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

65 Applications relating to historic places or historic areas
  • (1) Heritage New Zealand Pouhere Taonga or any other person may apply to Heritage New Zealand Pouhere Taonga to enter a historic place or historic area on the New Zealand Heritage List/Rārangi Kōrero.

    (2) An application—

    • (a) must include a legal description or, if one is not available, must describe the historic place or historic area to which the application relates sufficiently to identify it; and

    • (b) in the case of an application relating to a historic place, may state a proposed category.

    (3) Heritage New Zealand Pouhere Taonga must decline an application if, after having regard to the matters it is required to consider under section 64, it considers that the application lacks sufficient merit.

    (4) If Heritage New Zealand Pouhere Taonga is satisfied that an application is supported by sufficient evidence, it must proceed to determine the application by—

    • (a) publicly notifying the application; and

    • (b) giving notice of the application to—

      • (i) every person that—

        • (A) is an owner of the historic place, historic area, or part of the place or area; or

        • (B) has a registered interest in the historic place, historic area, or part of the place or area; and

      • (ii) the local authorities that have jurisdiction in the relevant area.

    (5) However, Heritage New Zealand Pouhere Taonga is not required to give notice under subsection (4)(b)(i)(A) if Heritage New Zealand Pouhere Taonga—

    • (a) does not know the person, or cannot identify the person from publicly available records; or

    • (b) does not know the person's contact details and cannot identify them from publicly available records.

    (6) If the owner of a historic place, historic area, or part of a place or area, receives a notice under subsection (4)(b)(i)(A), the owner must give notice of the application to any occupier of the place or area or part of it.

    (7) The failure of an owner to notify an occupier under subsection (6) does not invalidate an entry on the New Zealand Heritage List/Rārangi Kōrero.

    (8) If an application relates to a historic place, historic area, or part of a place or area on Māori land,—

    • (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the effect of the application on the court record.

    (9) If an application relates to a historic place or historic area in the common marine and coastal area, Heritage New Zealand Pouhere Taonga must give notice of the application to the holders of any customary marine title or protected customary right applying in the same location.

66 Applications relating to wāhi tūpuna, wāhi tapu, or wāhi tapu areas
  • (1) Any person may apply to the Council to enter a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.

    (2) An application must—

    • (a) include a legal description or, if one is not available, describe the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located sufficiently to identify it; and

    • (b) for a wāhi tūpuna or wāhi tapu, specify the general nature of the wāhi tapu; and

    • (c) for a wāhi tapu area, specify the general nature of the wāhi tapu included in the area.

    (3) The Council must decline an application—

    • (a) if it considers, in the case of a wāhi tapu, that it lacks sufficient merit, having regard to the criteria set out in section 64(4), for an application relating to a wāhi tūpuna; or

    • (b) if it is not satisfied that the place is a wāhi tapu within the meaning of this Act.

    (4) If the Council is satisfied that an application is supported by sufficient evidence, the Council must proceed to determine the application by—

    • (a) publicly notifying the application; and

    • (b) giving notice of the application to—

      • (i) every person that—

        • (A) is the owner of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; or

        • (B) has a registered interest in the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; and

      • (ii) the appropriate iwi or hapū; and

      • (iii) the local authorities that have jurisdiction in the relevant area.

    (5) However, the Council is not required to give notice under subsection (4)(b)(i)(A) if the Council—

    • (a) does not know the person, or cannot identify the person from publicly available records; or

    • (b) does not know the person's contact details and cannot identify them from publicly available records.

    (6) If an owner of land on which a wāhi tūpuna, wāhi tapu, or wāhi tapu area is located receives a notice under subsection (4)(b)(i)(A), the owner must give notice of the application to any occupier of the place.

    (7) The failure of an owner to notify an occupier under subsection (6) does not invalidate an entry on the New Zealand Heritage List/Rārangi Kōrero.

    (8) If an application relates to a wāhi tūpuna, wāhi tapu, or wāhi tapu area on Māori land,—

    • (a) the Council must give notice of the application to the appropriate Registrar of the Māori Land Court; and

    • (b) the court must record the effect of the application on the court record.

    (9) If an application relates to a wāhi tūpuna, wāhi tapu, or wāhi tapu area in the common marine and coastal area, the Council must give notice of the application to the holders of any customary marine title or protected customary right applying in the same location.

67 Procedure to determine applications
  • (1) Any person may make a written submission on an application publicly notified under section 65(4) or 66(4), including any of the following:

    • (a) the owner of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

    • (b) an occupier of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

    • (c) a person with a registered interest in the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

    • (d) any body corporate engaged in, or having as one of its objects, the protection of New Zealand's historical and cultural heritage:

    • (e) the appropriate iwi or hapū:

    • (f) the local authorities that have jurisdiction in the relevant area.

    (2) Any submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as appropriate, not later than—

    • (a) 20 working days after the public notification of the application; or

    • (b) any longer period specified by Heritage New Zealand Pouhere Taonga or the Council in a particular case, but not longer than 40 working days after the public notification.

    (3) The Council may make any inquiries that it sees fit before deciding whether to enter a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.

    (4) If Heritage New Zealand Pouhere Taonga considers that a historic place or historic area proposed for inclusion on the New Zealand Heritage List/Rārangi Kōrero is a site of interest to Māori, it must refer the application to the Council for its recommendation as to whether the historic place or area should be entered on the New Zealand Heritage List/Rārangi Kōrero.

    (5) Before making a decision under this section,—

    • (a) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must take all submissions into account; and

    • (b) for an application relating to a historic place, Heritage New Zealand Pouhere Taonga may—

      • (i) reconsider the category proposed for the place concerned; and

      • (ii) if it considers it appropriate to do so, alter the category proposed for the historic place.

Assessors

68 Independent assessors to be appointed
  • (1) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must appoint 1 or more independent expert assessors to make recommendations to Heritage New Zealand Pouhere Taonga or the Council, as appropriate, if Heritage New Zealand Pouhere Taonga or the Council is the applicant under section 65 or 66.

    (2) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must have regard to the recommendations of the assessor.

    (3) If Heritage New Zealand Pouhere Taonga does not accept a recommendation, it must provide reasons to the assessors and submitters.

69 Appointments
  • (1) Before making an appointment under section 68, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must be satisfied that the person to be appointed is recognised by his or her peers as an expert in a field relevant to the matters for which recommendations are required.

    (2) An assessor is not liable for advice or recommendations given in good faith under section 68.

General provisions relating to New Zealand Heritage List/Rārangi Kōrero

73 Entries may be included on New Zealand Heritage List/Rārangi Kōrero by agreement
  • Despite sections 65(4) and 66(4), Heritage New Zealand Pouhere Taonga may enter the relevant historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero without giving public notice if—

    • (a) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, receives an application under section 65 or 66; and

    • (b) all of the persons who have the right to be notified under section 65(4)(b)(i) or 66(4)(b)(i) and (ii) have given their written approval to the proposal in the application.

74 When entry on New Zealand Heritage List/Rārangi Kōrero takes effect
  • (1) As soon as is reasonably practicable after making a decision under section 67 or receiving written approval under section 73(b), Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must—

    • (a) publicly notify the entry of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero; and

    • (b) notify the entry to the persons with a right to be notified under section 65(4)(b) or 66(4)(b), specifying the date when the entry takes effect (which must not be earlier than the date that is 10 working days after the date of the notice); and

    • (c) notify the Māori Land Court if the entry on the New Zealand Heritage List/Rārangi Kōrero relates to Māori land; and

    • (d) notify the holders of any customary marine title or protected customary right applying in the same location that a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area has been entered on the New Zealand Heritage List/Rārangi Kōrero.

    (2) The entry of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero takes effect on the date specified in the notices given under subsection (1)(b).

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

75 When local authorities must have particular regard to recommendations
  • (1) In respect of a historic area entered on the New Zealand Heritage List/Rārangi Kōrero, Heritage New Zealand Pouhere Taonga may make recommendations to the local authorities that have jurisdiction in the area where the historic area is located as to the appropriate measures that those local authorities should take to assist in the conservation and protection of the historic area.

    (2) In respect of a wāhi tapu area entered on the New Zealand Heritage List/Rārangi Kōrero, the Council may make recommendations to the local authorities that have jurisdiction in the relevant area as to the appropriate measures that those local authorities should take to assist in the conservation and protection of the wāhi tapu area.

    (3) Local authorities must have particular regard to a recommendation received under subsection (1) or (2) from Heritage New Zealand Pouhere Taonga or the Council, as appropriate.

    (4) In making a recommendation under subsection (1) or (2), Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must recognise the interests of a landowner in a historic area or wāhi tapu area.

76 Proposals affecting wāhi tapu areas entered on New Zealand Heritage List/Rārangi Kōrero
  • (1) Subsection (2) applies if Heritage New Zealand Pouhere Taonga—

    • (a) is advised by a local authority that it has received an application for a resource consent in respect of a wāhi tapu area entered on the New Zealand Heritage List/Rārangi Kōrero; or

    • (b) is considering an application affecting a wāhi tapu area that is made under—

      • (i) section 42 (applications for authorities); or

      • (ii) section 54(1)(b) (applications for authorities to carry out exploratory investigations); or

    • (c) proposes to take any action in respect of a wāhi tapu area.

    (2) Before Heritage New Zealand Pouhere Taonga takes any action in respect of the application, it must—

    • (a) refer the matter to the Council; and

    • (b) consult, as the case may require,—

      • (i) the local authorities that have jurisdiction in the relevant area:

      • (ii) the applicant for the resource consent:

      • (iii) the person who applied under section 66(1) for the wāhi tapu area to be entered on the New Zealand Heritage List/Rārangi Kōrero:

      • (iv) the appropriate iwi or hapū.

    (3) Not later than 15 working days after receiving a reference from Heritage New Zealand Pouhere Taonga under subsection (2)(a), the Council must advise Heritage New Zealand Pouhere Taonga of any comment or recommendation it wishes to make on an application referred to it under this section.

Further requirements relating to New Zealand Heritage List/Rārangi Kōrero

77 Information to be supplied to territorial authorities
  • (1) Heritage New Zealand Pouhere Taonga must maintain, and supply—

    • (a) to the appropriate local authorities, a list of—

      • (i) the historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas entered on the New Zealand Heritage List/Rārangi Kōrero that are located in the area of jurisdiction of each local authority; and

      • (ii) the heritage covenants that have effect in the area of jurisdiction of each local authority; and

    • (b) to the appropriate territorial authorities, the details about the places or areas entered on the New Zealand Heritage List/Rārangi Kōrero or the heritage covenants for inclusion in—

      • (i) any land information memoranda issued by the territorial authority under section 44A of the Local Government Official Information and Meetings Act 1987; and

      • (ii) any project information memoranda issued by the territorial authority under section 34 of the Building Act 2004.

    (2) Each local authority must make the lists and details supplied under subsection (1) available for public inspection during its usual business hours.

    (3) Subsection (4) applies if a notice is given to a territorial authority under section 65(4)(b)(ii), 66(4)(b)(iii), 74(1)(b), 80(9), or 81(b) in relation to a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area, or on a review of an entry on the New Zealand Heritage List/Rārangi Kōrero.

    (4) For the purposes of section 34(4)(b) of the Building Act 2004 and section 44A(2)(g) of the Local Government Official Information and Meetings Act 1987, a notice referred to in subsection (3) is deemed to be information notified under this Act to a territorial authority by a statutory organisation with the power to classify land or buildings for any purpose.

79 Availability of New Zealand Heritage List/Rārangi Kōrero
  • The New Zealand Heritage List/Rārangi Kōrero must be available for public inspection—

    • (a) on the Internet site of Heritage New Zealand Pouhere Taonga; and

    • (b) during usual business hours, at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices.

80 Review, variation, or removal of entries on New Zealand Heritage List/Rārangi Kōrero
  • (1) Heritage New Zealand Pouhere Taonga (in the case of a historic place or historic area) or the Council (in the case of a wāhi tūpuna, wāhi tapu or wāhi tapu area) may, at any time, review an entry on the New Zealand Heritage List/Rārangi Kōrero relating to a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

    (2) Any person may apply to—

    • (a) Heritage New Zealand Pouhere Taonga for a review of the entry of a historic place or historic area on the New Zealand Heritage List/Rārangi Kōrero:

    • (b) the Council for a review of the entry of a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.

    (3) However, no person may apply for a review of an entry in the New Zealand Heritage List/Rārangi Kōrero earlier than whichever is the later of the following dates:

    • (a) 3 years after the date when the entry was made on the New Zealand Heritage List/Rārangi Kōrero:

    • (b) 3 years after the date of the last review of that entry.

    (4) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, may reject an application for a review in whole or in part, but only on the grounds that—

    • (a) the application does not disclose sufficient grounds to justify a review; or

    • (b) the substance of the application or part of it has been considered by Heritage New Zealand Pouhere Taonga or the Council within the preceding 3 years.

    (5) An application for review must be made in the form and manner prescribed by regulations made under this Act or as approved by Heritage New Zealand Pouhere Taonga for the purpose.

    (6) A decision on an application for review of an entry must be made by Heritage New Zealand Pouhere Taonga or the Council, as appropriate, not later than 12 months after the date of its receipt by Heritage New Zealand Pouhere Taonga or the Council.

    (7) If Heritage New Zealand Pouhere Taonga or the Council decides to review an entry on the New Zealand Heritage List/Rārangi Kōrero, whether on its own initiative or as a result of an application, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must conduct the review in the same manner as if it were a proposal to make an entry on the New Zealand Heritage List/Rārangi Kōrero under this subpart.

    (8) When a review is completed, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, may—

    • (a) vary the entry on the New Zealand Heritage List/Rārangi Kōrero; or

    • (b) remove the entry from the New Zealand Heritage List/Rārangi Kōrero; or

    • (c) confirm the entry; or

    • (d) in the case of a historic place, change or confirm the category assigned to the historic place.

    (9) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must give notice to the applicant of a decision made under this section and the reasons for the decision.

81 Removal of entries on New Zealand Heritage List/Rārangi Kōrero in cases of destruction or demolition
  • If a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is destroyed or demolished, Heritage New Zealand Pouhere Taonga or the Council, as appropriate,—

    • (a) may, after making any inquiries that it sees fit, remove the entry of that historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area from the New Zealand Heritage List/Rārangi Kōrero; and

    • (b) must, as soon as practicable after removing that entry, give notice of its removal in writing to the local authorities that have jurisdiction in the relevant area.

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

81A Interpretation
  • In this subpart, place

    • (a) means a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero; and

    • (b) may include an area that includes 1 or more such places.

81B National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu to be established
  • (1) Heritage New Zealand Pouhere Taonga must establish and maintain a list of places of outstanding national heritage value, to be called the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu.

    (2) The purpose of the Landmarks list is to promote—

    • (a) an appreciation of the places of greatest heritage value to the people of New Zealand; and

    • (b) the conservation of such places, including their protection from natural disasters, to the greatest extent practicable.

    (3) A place must not be included on the Landmarks list unless it is of outstanding national heritage value, having regard to—

    • (a) the outstanding historical significance of the place in relation to people, events, and ideas of the past; or

    • (b) the outstanding physical significance of the place in relation to its archaeological, architectural, design, and technological qualities; or

    • (c) the outstanding cultural significance of the place to tangata whenua and other communities in relation to its social, spiritual, traditional, or ancestral associations.

    (4) A place must not be included on the Landmarks list unless there is strong evidence of broad national and community support for its inclusion.

    (5) The Landmarks list must be available for public inspection on the Internet site of Heritage New Zealand Pouhere Taonga.

    (6) The inclusion of a place on the Landmarks list must be noted in the entry for that place on the New Zealand Heritage List/Rārangi Kōrero.

81C How places may be included on Landmarks list
  • (1) The Minister may determine that a place is of outstanding national heritage value and is to be included on the Landmarks list.

    (2) Before the Minister may make a determination under subsection (1),

    • (a) Heritage New Zealand Pouhere Taonga must recommend to the Minister, after consultation with the Council where that is appropriate, that a place—

      • (i) is of outstanding national heritage value; and

      • (ii) ought to be included on the Landmarks list; and

    • (b) the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.

    (3) Before Heritage New Zealand Pouhere Taonga may make a recommendation to the Minister, it must—

    • (a) invite public submissions on a proposal to include a specified place on the Landmarks list; and

    • (b) have regard to any submissions received.

    (4) Heritage New Zealand Pouhere Taonga must not propose that a place be included on the Landmarks list unless it is satisfied that—

    • (a) the place is subject to appropriate legal protection; and

    • (b) the owner and every person with a registered interest in the place have given consent to the inclusion of the place on the Landmarks list; and

    • (c) the owner has prepared an appropriate risk management plan approved for the purpose by Heritage New Zealand Pouhere Taonga.

    (5) The plan required by subsection (4)(c) must include details to establish—

    • (a) how the effects on the place of natural disasters are to be mitigated; and

    • (b) that the place will be managed to the highest practicable standard of care.

    (6) Nothing in this subpart affects the responsibilities of the owner of a place included on the Landmarks list.

81D Review of List by Minister
  • (1) The Minister may, from time to time, initiate a review of the places on the Landmarks list and may—

    • (a) add a place to the Landmarks list:

    • (b) remove a place from the Landmarks list:

    • (c) modify the extent of a place that is on the Landmarks list:

    • (d) make no change to the Landmarks list.

    (2) Before the Minister may conduct a review,—

    • (a) Heritage New Zealand Pouhere Taonga must provide a recommendation to the Minister for the purpose of a review under subsection (1); and

    • (b) the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.

    (3) Before Heritage New Zealand Pouhere Taonga may make a recommendation, it must—

    • (a) invite public submissions on the review proposal; and

    • (b) have regard to any submissions received.

    (4) As soon as is reasonably practicable after the Minister has completed a review under subsection (1), Heritage New Zealand Pouhere Taonga must give public notice on its Internet site of the outcome of the review.

81E Owner may seek review
  • (1) The owner of a place included on the Landmarks list, or a person with a registered interest in such a place, may apply in writing to the Minister, in the form and manner approved for the purpose by the Minister, requesting that a review be conducted in relation to the inclusion of that place on the Landmarks list.

    (2) Heritage New Zealand Pouhere Taonga must, not later than 12 months after the date that the request was received by the Minister,—

    • (a) conduct and complete the review; and

    • (b) provide a recommendation to the Minister.

    (3) After considering the recommendation of Heritage New Zealand Pouhere Taonga, the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.

    (4) After considering the recommendation given under subsection (2)(b), the Minister may reject the application in whole or in part, but only if the application does not state sufficient grounds to justify a review.

    (5) The Minister must advise the owner of the place, and any person with a registered interest in it, of the outcome of the review.

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

Subpart 1Offences and penalties

82 Offence of intentional harm to intentionally modifying or destroying property of Heritage New Zealand Pouhere Taonga
  • (1) Every person commits an offence who, intentionally and without the authority of Heritage New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga to do so,—

    • (a) harms modifies or destroys a historic place, historic area, property, or thing that is vested in Heritage New Zealand Pouhere Taonga and managed by it; or

    • (b) causes harm to the place, area, property, thing, or associated land to be modified or destroyed.

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,—

    • (a) in the case of harm an action that amounts to destruction,—

      • (i) $150,000 in the case of a natural person:

      • (ii) $300,000 in the case of a person other than a natural person; and

    • (b) in the case of harm an action that amounts to damage, modification, or alteration,—

      • (i) $60,000 in the case of a natural person:

      • (ii) $120,000, in the case of a person other than a natural person.

83 Offence of harming modifying or destroying land subject to heritage covenant
  • (1) Every person commits an offence in respect of a historic place, historic area, wāhi tapu, or wāhi tapu area protected by a heritage covenant who, in breach of the terms of that covenant and knowing or having reasonable cause to suspect that the place, area, wāhi tapu, or wāhi tapu area is protected by a heritage covenant, intentionally—

    • (a) harms that place, area, wāhi tapu, or wāhi tapu area, or any feature or part of the place, area, wāhi tapu, or wāhi tapu area; or

    • (b) causes that place, area, wāhi tapu, or wāhi tapu area, or any feature or part of the place, area, wāhi tapu, or wāhi tapu area, to be harmed.

    (1) Every person commits an offence in respect of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is protected by a heritage covenant if the person—

    • (a) knows, or can reasonably be expected to know, that the place, area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is protected by a heritage covenant; and

    • (b) breaches the terms of the heritage covenant; and

    • (c) intentionally modifies or destroys the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area or intentionally causes it to be modified or destroyed.

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,—

    • (a) in the case of harm an action that amounts to destruction,—

      • (i) $150,000 in the case of a natural person:

      • (ii) $300,000 in the case of a person other than a natural person; and

    • (b) in the case of harm an action that amounts to damage, modification, or alteration,

      • (i) $60,000 in the case of a natural person:

      • (ii) $120,000 in the case of a person other than a natural person.

84 Offence of harming modifying or destroying archaeological site
  • (1) Every person commits an offence who, without the authority of Heritage New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose, and knowing or having reasonable cause to suspect that a site is an archaeological site,—

    • (a) harms that archaeological site; or

    • (b) causes that archaeological site to be harmed.

    (1) Every person commits an offence in respect of an archaeological site if the person, without the authority of Heritage New Zealand Pouhere Taonga or of any person authorised by Heritage New Zealand Pouhere Taonga,—

    • (a) knows, or can reasonably be expected to know, that the site is an archaeological site; and

    • (b) modifies or destroys the archaeological site or causes it to be modified or destroyed.

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,—

    • (a) in the case of harm an action that amounts to destruction,—

      • (i) $150,000 in the case of a natural person:

      • (ii) $300,000 in the case of a person other than a natural person; and

    • (b) in the case of harm an action that amounts to damage, modification, or alteration,

      • (i) $60,000 in the case of a natural person:

      • (ii) $120,000 in the case of a person other than a natural person.

85 Offence of breaching conditions of authority
  • (1) Every person commits an offence who contravenes or fails to comply with any condition imposed by or under section 46(1)(a), 49, 54(1), or 60(1)(a).

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding—

    • (a) $60,000 in the case of a natural person:

    • (b) $120,000 in the case of a person other than a natural person.

86 Offence of refusing access, etc
  • (1) Every person commits an offence who—

    • (a) refuses to let a person authorised by or under section 13 have access to an archaeological site or a historic place for a purpose referred to in that section; or

    • (b) obstructs any person who is—

      • (i) exercising any power referred to in section 13(3); or

      • (ii) carrying out an investigation in relation to a condition imposed under section 49(2); or

      • (iii) carrying out an investigation under section 54 section 54 or 55.

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding—

    • (a) $3,750 in the case of a natural person:

    • (b) $7,500 in the case of a person other than a natural person.

87 Offence of carrying out investigation in breach of conditions or without written permission
  • (1) Every person commits an offence who carries out an investigation—

    • (a) that is subject to any conditions imposed by Heritage New Zealand Pouhere Taonga under section 54(1) and who contravenes, or fails to comply with, any of those conditions; or

    • (b) carries out an investigation without the written permission of Heritage New Zealand Pouhere Taonga, contrary to section 54(1)(b).

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding—

    • (a) $60,000 in the case of a natural person:

    • (b) $120,000 in the case of a person other than a natural person.

88 Offence of harming historic place or wāhi tapu that has interim registration
  • (1) Every person commits an offence who, without the appropriate authority,—

    • (a) harms a historic place that has interim registration under section 68, or causes harm to a historic place; or

    • (b) harms, or causes harm to, a wāhi tapu that has interim registration under section 68.

    (2) In subsection (1), appropriate authority means,—

    • (a) in the case of a historic place, the authority of Heritage New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose; and

    • (b) in the case of a wāhi tapu, the authority of the Māori Heritage Council or any person or body authorised by the Council for the purpose.

    (3) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,—

    • (a) in the case of harm that amounts to destruction,—

      • (i) $150,000 in the case of a natural person:

      • (ii) $300,000 in the case of a person other than a natural person; and

    • (b) in the case of harm that amounts to damage, modification, or alteration,—

      • (i) $60,000 in the case of a natural person:

      • (ii) $120,000 in the case of a person other than a natural person.

89 Other offences
  • (1) Every person commits an offence in respect of land or a place vested in, or under the control of, Heritage New Zealand Pouhere Taonga if the person, without the authority of Heritage New Zealand Pouhere Taonga or of a person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose,—

    • (a) enters land or a historic place when he or she knows, or can reasonably be expected to know, that the land or historic place is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

    • (b) takes any animal or vehicle onto land when he or she knows, or can reasonably be expected to know, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

    • (c) lights a fire on land when he or she knows, or can reasonably be expected to know, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

    • (d) lights a fire or causes or permits a fire to be lit on any land (other than land vested in, or under the control of, Heritage New Zealand Pouhere Taonga),—

      • (i) when he or she knows, or can reasonably be expected to know, that the fire is likely to spread into property vested in or under the control of Heritage New Zealand Pouhere Taonga; and

      • (ii) the fire spreads into and damages or destroys that property; or

    • (e) unlawfully alters, obliterates, defaces, pulls up, removes, or destroys any boundary mark, plaque, sign, or poster on any land when he or she knows, or can reasonably be expected to know, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

    • (f) takes or removes, or causes to be taken or removed, any property or thing from any land or building vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or can reasonably be expected to know, that the land or building is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

    • (g) receives any property or thing vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or can reasonably be expected to know, that the property or thing has been removed unlawfully from land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga; or

    • (h) alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by Heritage New Zealand Pouhere Taonga on any land or building (other than land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga), without first obtaining the consent of the owner of the land or building.

    (1) Every person commits an offence who, without the authority of Heritage New Zealand Pouhere Taonga or a person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose,—

    • (a) intentionally enters land or a historic place vested in or under the control of Heritage New Zealand Pouhere Taonga, except in accordance with a bylaw made by Heritage New Zealand Pouhere Taonga for the land or place; or

    • (b) intentionally takes any animal or vehicle onto land vested in or under the control of Heritage New Zealand Pouhere Taonga otherwise than in accordance with any bylaw made by Heritage New Zealand Pouhere Taonga for the land; or

    • (c) intentionally lights any fire on any land vested in or under the control of Heritage New Zealand Pouhere Taonga otherwise than in accordance with any bylaw made by Heritage New Zealand Pouhere Taonga for the land; or

    • (d) intentionally lights or causes or permits to be lit on any land, other than land vested in or under the control of Heritage New Zealand Pouhere Taonga, a fire—

      • (i) that he or she knows or ought to know is likely to spread into any property or thing vested in or under the control of Heritage New Zealand Pouhere Taonga; and

      • (ii) that does spread into and damages or destroys that property or thing; or

    • (e) unlawfully alters, obliterates, defaces, pulls up, removes, or destroys any boundary mark, plaque, sign, or poster on any land vested in or under the control of Heritage New Zealand Pouhere Taonga; or

    • (f) alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by Heritage New Zealand Pouhere Taonga on any land or building, other than land or a building vested in or under the control of Heritage New Zealand Pouhere Taonga, without first obtaining the consent of the owner of the land or building; or

    • (g) intentionally takes or removes, or causes to be taken or removed, any property or thing vested in or under the control of Heritage New Zealand Pouhere Taonga from any land or building vested in or under the control of Heritage New Zealand Pouhere Taonga; or

    • (h) receives any property or thing vested in or under the control of Heritage New Zealand Pouhere Taonga, knowing the property or thing to have been removed unlawfully from any land or building vested in or under the control of Heritage New Zealand Pouhere Taonga; or

    • (i) fails to comply with an order made under section 91(2); or

    • (j) fails to carry out pest and weed control, maintain land in a clean and safe condition, or take any necessary protective measures, as required by section 91(4)(c).

    (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding—

    • (a) $3,750 in the case of a natural person:

    • (b) $7,500 in the case of a person other than a natural person.

Remedies

90 Injunctions to restrain commission of offences
  • (1) The District Court may, on an application by Heritage New Zealand Pouhere Taonga, grant an injunction to restrain a person from committing an offence under this Part taking any action or omitting to act if that action or omission would be likely to be an offence or a breach of a duty or obligation under this Act.

    (2) An injunction may be granted—

    • (a) despite anything in any other enactment; and

    • (b) whether or not proceedings in relation to the breach or offence have been commenced; and

    • (c) if a person is convicted of the breach or offence,—

      • (i) in substitution for, or in addition to, any other penalty; or

      • (ii) in subsequent proceedings.

91 Environment Court may stay exercise of rights
  • (1) This section applies if—

    • (a) land or a place is subject to—

      • (i) a requirement for a heritage order notified by Heritage New Zealand Pouhere Taonga under Part 8 of the Resource Management Act 1991; or

      • (ii) a heritage order for which Heritage New Zealand Pouhere Taonga has responsibility; or

      • (iii) interim registration under this Act; and

    • (b) the owner or occupier of that land or place is convicted of an offence against—

      • (i) section 338(1)(a) of the Resource Management Act 1991 (which is an offence against section 9(2) of that Act); or

      • (ii) section 88 (which is an offence in respect of a historic place or wāhi tapu).

    (2) The Environment Court may by order suspend, for any period that it thinks fit not exceeding 5 years,—

    • (a) the exercise of any rights under a resource consent granted to the owner or occupier for that land; or

    • (b) the carrying out of any activity that the owner or occupier is permitted to carry out under a district plan; or

    • (c) all such rights and activities.

    (3) Subsection (2) does not limit the penalty that may be imposed under the provisions referred to in subsection (1)(b).

    (4) While an order for suspension remains in force for a resource consent, the following provisions apply to that consent and the land to which it applies:

    • (a) no rights that relate to heritage matters within the scope of the requirement, heritage order, or interim registration may be exercised under the suspended consent:

    • (b) any activity in respect of the land or place for which other resource consents could be sought is deemed to be a prohibited activity if the activity would nullify the effect of the order made under subsection (2):

    • (c) the holder must—

      • (i) carry out any pest and weed control measures on the land in accordance with any heritage order applying to the land; and

      • (ii) take other measures that may be necessary to maintain the land in a clean and safe condition; and

      • (iii) take other measures as may be necessary to protect either—

        • (A) the place and surrounding area specified in the requirement for a heritage order or specified in the heritage order; or

        • (B) the place or wāhi tapu for which interim registration is proposed.

    (5) Despite anything in this section, the owner or occupier of land subject to a court order may enter into an agreement with the relevant territorial authority to develop a public amenity on the land in accordance with any heritage order applying to the land.

    (6) Before the territorial authority enters into an agreement under subsection (5), it must consult Heritage New Zealand Pouhere Taonga.

    (7) For the purposes of this section, a right exercisable under a resource consent includes (but is not limited to) the right to carry out all or any of the following:

    • (a) any work authorised on the land concerned, including—

      • (i) the construction of a new building, structure, or other fixture; and

      • (ii) alteration or extension to an existing building, structure, or other fixture on that land:

    • (b) any subdivision of the land:

    • (c) any use of the land that is permissible under section 9 of the Resource Management Act 1991.

92 Strict liability and defences
  • (1) In a prosecution for an offence against section 84, 85, or 88 84 or 85, it is not necessary to prove that the defendant intended to commit the offence.

    (2) Subject to subsection (3), it is a defence to a prosecution of the kind referred to in subsection (1) if—

    • (a) the defendant proves that—

      • (i) the action or event was necessary for the purposes of saving or protecting life or preventing serious damage to property or any historic place or place, wāhi tūpuna, or wāhi tapu; and

      • (ii) the conduct of the defendant was reasonable in the circumstances; and

      • (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or

    • (b) the action or event to which the prosecution relates was due to because of an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—

      • (i) the action or event could not reasonably have been foreseen or been provided against by the defendant; and

      • (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

    (3) Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within further time allowed by the court, the defendant delivers to the prosecutor a notice—

    • (a) stating that he or she intends to rely on subsection (2); and

    • (b) specifying the facts that support his or her reliance on that subsection.

93 Offender to give name and address
  • (1) If a person is found offending against this Act, an individual referred to in paragraphs (a) to (d) subsection (1A) may require the person offending to stop offending immediately and give his or her name and address.

    • (a) a constable:

    • (b) a named officer or employee of Heritage New Zealand Pouhere Taonga:

    • (c) a person authorised in writing for the purpose by Heritage New Zealand Pouhere Taonga:

    • (d) any employee of the department who is authorised in writing for the purpose by the chief executive.

    (1A) The individuals are—

    • (a) a constable:

    • (b) a named officer or an employee of Heritage New Zealand Pouhere Taonga:

    • (c) a person authorised in writing for the purpose by Heritage New Zealand Pouhere Taonga:

    • (d) any employee of the department who is authorised in writing for the purpose by the chief executive.

    (2) The person offending commits an offence if, when requested, he or she—

    • (a) fails to give his or her name or address; or

    • (b) gives a false name or address; or

    • (c) wilfully continues offending.

    (3) Every person who commits an offence against this section is liable, on summary conviction, to a fine not exceeding $2,000.

    (4) Heritage New Zealand Pouhere Taonga may apply to the court for an injunction to restrain any person from breaching a duty or an obligation imposed on that person by or under this Act if—

    • (a) that person has threatened to commit, or is already committing, the breach; or

    • (b) Heritage New Zealand Pouhere Taonga has reasonable cause to believe that such a breach is likely to occur.

94 Time within which information may be laid
  • Despite the Summary Proceedings Act 1957, information in respect of any offence against this Act may be laid at any time within 12 months after the time the offence was committed.

94 Limitation period for filing charging document
  • (1) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of offences against sections 86 and 89 of this Act ends on the day that is 12 months after the date on which the offence was committed.

    (2) To avoid doubt, subsection (1) does not limit the time for filing a charging document under any of sections 82 to 85.

Subpart 2Miscellaneous matters

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

95 Contributions to funds of Heritage New Zealand Pouhere Taonga
  • (1) For the purpose of providing funds for the exercise of the functions of Heritage New Zealand Pouhere Taonga,—

    • (a) a local territorial authority or public body of any kind may, out of its general fund or account, make any contributions to Heritage New Zealand Pouhere Taonga that it thinks fit:

    • (b) a university may, with the consent of the Minister of Education, make any contributions to Heritage New Zealand Pouhere Taonga that it thinks fit.

    (2) In this section,—

    public body means—

    • (a) a Minister of the Crown:

    • (b) a department specified in Schedule 1 of the State Sector Act 1988:

    • (c) a Crown entity described in section 7 of the Crown Entities Act 2004 and any other entity declared to be a Crown entity for the purposes of that section:

    • (d) the Armed Forces as defined in section 2(1) of the Defence Act 1990

96 Local authorities may transfer land to Heritage New Zealand Pouhere Taonga
  • (1) Despite anything in any enactment (other than the Public Works Act 1981), any local authority (within the meaning of the Local Government Act 2002) may convey or transfer any land (not being other than a public reserve within the meaning of the Reserves Act 1977) to Heritage New Zealand Pouhere Taonga.

    (2)  Heritage New Zealand Pouhere Taonga may accept that land and hold it for the purposes of this Act.

Regulations

97 Regulations
  • The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

    • (a) prescribing—

      • (i) offences for the contravention of, or non-compliance with, any regulations made under this Act; and

      • (ii) fines not exceeding $5,000 in respect of those offences:

    • (b) prescribing—

      • (i) the form or content of applications, notices, or any other documentation or information as may be required under this Act; and

      • (ii) the manner in which such documentation is to be provided:

    • (c) prescribing administrative charges for the matters set out in section 12(1)(k)(i) and (ii):

    • (d) providing for discounts on administrative charges imposed under section 12(1)(l) if and when Heritage New Zealand Pouhere Taonga is responsible for an application for an authority not being dealt with in accordance with the time limits prescribed by or under this Act:

    • (e) prescribing time limits for actions to be taken or decisions to be made that are not otherwise provided for in this Act:

    • (f) prescribing criteria for the purposes of section 64(2)(l) and (m) 64(3) and (5):

    • (g) providing for such other matters as may be contemplated by or necessary for giving full effect to this Act and its administration.

Savings and transitional provisions

98 References to Trust
  • (1) On and from the commencement of this Act, a reference to the New Zealand Historic Places Trust (express or implied) in any enactment, or in any instrument, register, agreement, deed, lease, application, notice, or other document in force immediately before the commencement of this Act, must, unless the context requires otherwise, be read as a reference to Heritage New Zealand Pouhere Taonga.

    (2) The Registrar-General and other persons with responsibility for keeping records or registers are not obliged, solely because of any provision in this Act, to change a name in those records or registers or in any document.

99 Expiry of term of office
  • On and from the commencement of this Act, the term of office expires—

    • (a) for every member of the New Zealand Historic Places Trust Board of Trustees

      • (i) elected or appointed under section 42 of the Historic Places Act 1993; and

      • (ii) holding office immediately before the commencement of this Act; and

    • (b) for every member of the Council who held office immediately before the commencement of this Act.

100 Branch committees dissolved
  • (1) On and from the commencement of this Act,—

    • (a) the branch committees established under rules made under section 60 of the Historic Places Act 1993 (the Committees) and existing immediately before the commencement of this Act are dissolved; and

    • (b) the term of office of every member of those Committees expires; and

    • (c) any property, information, and other assets of the Committees vest in Heritage New Zealand Pouhere Taonga under this Act; and

    • (d) any money payable to or by the Committees under the Historic Places Act 1993 becomes payable to or by Heritage New Zealand Pouhere Taonga under this Act; and

    • (e) the liabilities, contracts, rights, entitlements, and authorities of the Committees are transferred to Heritage New Zealand Pouhere Taonga under this Act.

    (2) Heritage New Zealand Pouhere Taonga, for a period of up to 12 months after the commencement of this Act, must take reasonable and practicable steps to support independent heritage groups set up to replace the Committees.

101 General transitional provision
  • All matters to which the Historic Places Act 1993 applied that were, immediately before the commencement of this Act, commenced but not completed under the Historic Places Act 1993 are to be continued and completed by Heritage New Zealand Pouhere Taonga under that Act as if it had not been repealed.

    (1) This section applies to—

    • (a) all matters to which the Historic Places Act 1993 applied that were, immediately before the commencement of this Act, commenced but not completed under that Act; and

    • (b) proceedings commenced under the Historic Places Act 1993 before the commencement of this Act, but not finally determined or withdrawn before that date.

    (2) Those matters or proceedings are to be continued and completed by Heritage New Zealand Pouhere Taonga under the Historic Places Act 1993 as if it had not been repealed.

    (3) The Canterbury Earthquake (Historic Places Act) Order 2011 continues to apply as if the Historic Places Act 1993 had not been repealed.

102 Continuation of proceedings
  • (1) This section applies to proceedings commenced under the Historic Places Act 1993 before the commencement of this Act, but not finally determined or withdrawn before that date.

    (2) Proceedings to which this section applies continue under this Act as if they had been commenced under this Act (whether the hearing of the proceedings commenced before or after the commencement of this Act).

Notices

103 Giving of notices
  • (1) If a notice or other document is to be given to a person under this Act, it must be given in writing—

    • (a) by personal service; or

    • (b) by post or registered post addressed to the person at the person's usual or last-known place of business or residence; or

    • (c) by service on the person's lawyer or another person authorised to act on behalf of that person; or

    • (d) by electronic transmission to the person or that person's lawyer or another person authorised to act on behalf of that person, including transmission by whatever electronic means is considered appropriate, such as by fax, electronic mail, or electronic data transfer.

    (2) A notice or document sent by post or registered post is deemed to have been received 7 days after the date on which it was posted, unless the person to whom it was sent proves that, other than through that person's fault, the notice or document was not received.

    (2) In the absence of proof to the contrary, a notice or document—

    • (a) sent by post or registered post is deemed to have been received at the time at which it would have been delivered in the ordinary course of post or registered post; or

    • (b) sent by electronic means is deemed to have been received at the time at which it enters the information system of the recipient or otherwise comes to the attention of the person to whom it is addressed.

Repeal, revocation, and consequential amendments

104 Repeal
  • The Historic Places Act 1993 (1993 No 38) is repealed.

105 Revocation
  • The Historic Places Trust Elections Regulations 1993 (SR 1993/302) are revoked.

106 Consequential amendments
  • The enactments specified in the Schedule are consequentially amended in the manner set out in that schedule.


Schedule
Enactments consequentially amended

s 106

Part 1
Amendments to Acts

Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 28(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 31: repeal and substitute:

31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 34(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 34(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Section 135(1)(a): repeal and substitute:

  • (a) is entered on the New Zealand Heritage List/Rārangi Kōrero; and.

Section 135(2): omit registered place and substitute New Zealand Heritage List/Rārangi Kōrero.

Section 135(2): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Building Act 2004 (2004 No 72)

Section 35(1)(f): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Heading to section 39: omit New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 39(1)(b) and (2): omit the New Zealand Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Section 51(1)(ba): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 125(2)(f): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 155(2)(f): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Building Amendment Act 2012 (2012 No 23)

Section 17: new section 52B(1)(c): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Burial and Cremation Act 1964 (1964 No 75)

Section 45(2A): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Canterbury Earthquake Recovery Act 2011 (2011 No 12)

Section 71(3)(h): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Central North Island Forests Land Collective Settlement Act 2008 (2008 No 99)

Clause 2(5) of Schedule 2: omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Conservation Act 1987 (1987 No 65)

Definition of historic resource in section 2(1): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 23(1)(d): omit section 6 of the Historic Places Act 1993 and substitute section 37 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 65(7)(b): repeal.

Crown Entities Act 2004 (2004 No 115)

Item relating to the New Zealand Historic Places Trust (Pouhere Taonga) in Part 2 of Schedule 1: omit.

Part 2 of Schedule 1: insert in its appropriate alphabetical order:

Name Exemption from acquisition of securities, borrowing, guarantee, and derivative rules Exemption from section 165 (net surplus payable to Crown)
  s 161s 162s 163s 164  
Heritage New Zealand Pouhere Taonga      
.
Crown Pastoral Land Act 1998 (1998 No 65)

Paragraph (b) of the definition of protective mechanism in section 2: omit section 6 of the Historic Places Act 1993 and substitute section 37 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 40(5): omit section 6 of the Historic Places Act 1993 and substitute section 37 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 40(5): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 80(6): omit section 6 of the Historic Places Act 1993 and substitute section 37 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 80(6)(b): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Environment Act 1986 (1986 No 127)

Item relating to the Historic Places Act 1993 in the Schedule: omit.

Schedule: insert in its appropriate alphabetical order The Heritage New Zealand Pouhere Taonga Act 2011.

Estate and Gift Duties Act 1968 (1968 No 35)

Section 73(2)(a): repeal and substitute:

  • (a) any gift to Heritage New Zealand Pouhere Taonga for the purposes of the Heritage New Zealand Pouhere Taonga Act 2011:.

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)

Section 4(1), definition of wāhi tapu, omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36)

Item relating to section 20.1 of the Southland Regional Coastal Plan in Schedule 12: omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Hauraki Gulf Marine Park Act 2000 (2000 No 1)

Section 35(2)(c): omit section 6 of the Historic Places Act 1993 and substitute section 37 of the Heritage New Zealand Pouhere Taonga Act 2011.

Item relating to the Historic Places Act 1993 in Schedule 1: omit.

Schedule 1: insert in its appropriate alphabetical order Heritage New Zealand Pouhere Taonga Act 2011.

Land Transport Management Act 2003 (2003 No 118)

Section 18(h): repeal and substitute:

  • (h) Heritage New Zealand Pouhere Taonga; and.

Section 65H(g): repeal and substitute:

  • (g) Heritage New Zealand Pouhere Taonga; and.

Section 78(1)(f): repeal and substitute:

  • (f) Heritage New Zealand Pouhere Taonga; and.

Local Authorities (Members' Interests) Act 1968 (1968 No 147)

Item relating to the New Zealand Historic Places Trust in Part 2 of Schedule 1: omit.

Part 2 of Schedule 1: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga Heritage New Zealand Pouhere Taonga Act 2011 (2011 No )
Local Government (Rating) Act 2002 (2002 No 6)

Clause 5(a) of Schedule 1: repeal and substitute:

  • (a) Heritage New Zealand Pouhere Taonga:.

Maraeroa A and B Blocks Claims Settlement Act 2012 (2012 No 52)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 24(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 27: repeal and substitute:

27 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 30(c): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 74(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 74(b): repeal and substitute:

  • (b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of that Act).

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)

Section 9: definition of wāhi tapu and wāhi tapu area: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 81(3): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 81(3)(a): omit section 6 and substitute section 37.

Section 81(3)(b): omit section 26 and substitute section 68.

Section 85(5)(b): omit the Historic Places Act 1993 and substitute the Heritage New Zealand Pouhere Taonga Act 2011.

Heading to section 89: omit New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 89: omit the New Zealand Historic Places Trust (the Trust) and substitute “Heritage New Zealand Pouhere Taonga.

Section 89(a): omit the Trust in each place where it appears and substitute in each case Heritage New Zealand Pouhere Taonga.

Section 89(a): omit section 14 of the Historic Places Act 1993 and substitute section 46 42 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 89(a): omit , damage,.

Section 89(b): omit section 20 and substitute section 56.

Section 89(b): omit the Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 110(3)(b)(ii): omit New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Mauao Historic Reserve Vesting Act 2008 (2008 No 31)

Section 5(1)(c): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

National Parks Act 1980 (1980 No 66)

Section 77: omit Historic Places Act 1980 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

National War Memorial Park Empowering (Pukeahu) Act 2012 (2012 No 76)

Section 25(2)(b): omit the Historic Places Act 1993 and substitute the Heritage New Zealand Pouhere Taonga Act 2011.

Section 37(2)(d): omit New Zealand Historic Places Trust (Pouhere Taonga) and substitute Heritage New Zealand Pouhere Taonga.

Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84)

Definition of archaeological site in section 12: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Definition of Historic Places Trust in section 12: repeal.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 41(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 44: repeal and substitute:

44 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.

Section 47(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 47(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)

Section 8: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga has the meaning given in section 6 means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 151(2): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 152(2): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 210: repeal and substitute:

210 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether Te Rūnanga o Ngāi Tahu is a person directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 211(1) and (2): omit the Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Section 215(b): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Paragraph (b) of the section item headed Purposes of Statutory Acknowledgement in Schedules 14 to 77, 100 to 104, and 108: omit the Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Ngai Tāmanuhiri Claims Settlement Act 2012 (2012 No 55)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 29(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 32: repeal and substitute:

32 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 35(1)(c): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 82(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 82(b): repeal and substitute:

  • (b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of that Act).

Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 28(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 31: repeal and substitute:

31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 34(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 34(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Section 35(2): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 83(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 83(a): repeal and substitute:

  • (a) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011); and.

Section 83(b): omit section 2 and substitute section 6.

Ngāti Awa Claims Settlement Act 2005 (2005 No 28)

Definition of archaeological site in section 12: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Definition of Historic Places Trust in section 12: repeal.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 41(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 44: repeal and substitute:

44 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the Ngāti Awa governance entity is a person directly affected by the decision.

Section 47(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 47(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Paragraph (b)(i) of the definition of protected site in section 139: omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Paragraph (b)(i) of the definition of protected site in section 139: repeal and substitute:

  • (i) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011); and.

Paragraph (a) of the section item headed Purposes of statutory acknowledgement in Schedules 4 to 14: omit the New Zealand Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Ngāti Mākino Claims Settlement Act 2012 (2012 No 53)

Definition of Historic Places Trust in section 8: repeal.

Section 8: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 24(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 27: repeal and substitute:

27 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 30(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 30(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Section 91(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 91(b): repeal and substitute:

  • (b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of that Act).

Ngāti Manawa Claims Settlement Act 2012 (2012 No 27)

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 42: omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 45: repeal and substitute:

45 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 48(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 48(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Ngāti Manuhiri Claims Settlement Act 2012 (2012 No 90)

Definition of Historic Places Trust in section 11: repeal.

Section 11: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 28(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 31: repeal and substitute:

31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 34(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 34(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Section 100(e): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 107(1)(b): repeal and substitute:

  • (b) a place that is entered on the New Zealand Heritage List/Rārangi Kōrero.

Section 107(2): omit registered place and substitute New Zealand Heritage List/Rārangi Kōrero.

Section 107(2): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61)

Definition of archaeological site in section 12: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Definition of Historic Places Trust in section 12: repeal.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 49(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 52: repeal and substitute:

52 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

Section 55(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 55(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Section 24(5) of the Reserves Act 1977 set out in Schedule 5: omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Ngāti Pāhauwera Treaty Claims Settlement Act 2012 (2012 No 30)

Definition of Historic Places Trust in section 11: repeal.

Section 11: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 68(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 71: repeal and substitute:

71 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 74(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 74(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Section 91(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 91(b): repeal and substitute:

  • (b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of that Act).

Ngati Porou Claims Settlement Act 2012 (2012 No 31)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 46(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 49: repeal and substitute:

49 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 52(1)(c): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 94(a): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 94(b): repeal and substitute:

  • (b) is, at any time, entered on the New Zealand Heritage List/Rārangi Kōrero (as defined in section 6 of that Act).

Ngati Ruanui Claims Settlement Act 2003 (2003 No 20)

Definition of archaeological site in section 12: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 89(1)(a): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 92: repeal and substitute:

92 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.

Section 95(1): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 95(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Paragraph (a) of the section item headed Purposes of statutory acknowledgement in Schedules 5 to 9: omit the New Zealand Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Ngati Tama Claims Settlement Act 2003 (2003 No 126)

Definition of archaeological site in section 9: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Definition of Historic Places Trust in section 9: repeal.

Section 9: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 54(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 57: repeal and substitute:

57 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.

Section 60(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 60(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Paragraph (a) of the section item headed Purposes of statutory acknowledgement in Schedules 3 to 14: omit the Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72)

Definition of archaeological site in section 12: omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Definition of Historic Places Trust in section 12: repeal.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 38(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 41: repeal and substitute:

41 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.

Section 44(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 44(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Section 125(3)(a): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Paragraph (a) of the section item headed Purposes of statutory acknowledgement in Schedules 4 to 8: omit the New Zealand Historic Places Trust and substitute in each case Heritage New Zealand Pouhere Taonga.

Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 (2010 No 119)

Section 18(7)(e): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Ngāti Whare Claims Settlement Act 2012 (2012 No 28)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 50(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 53: repeal and substitute:

53 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 56(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 56(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Ngāti Whatua Ōrākei Claims Settlement Act 2012 (2012 No 91)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 30(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 33: repeal and substitute:

33 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 36(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 36(2)(d): repeal and substitute:

  • (d) Heritage New Zealand Pouhere Taonga:.

Ombudsmen Act 1975 (1975 No 9)

Item relating to the New Zealand Historic Places Trust (Pouhere Taonga) in Part 2 of Schedule 1: omit.

Part 2 of Schedule 1: insert in its appropriate alphabetical order Heritage New Zealand Pouhere Taonga.

Overseas Investment Act 2005 (2005 No 82)

Section 17(2)(d)(ii): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 17(2)(d)(ii): omit registration and substitute the entry on the New Zealand Heritage List/Rārangi Kōrero.

Section 17(2)(d)(ii): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Table 1 in Part 1 of Schedule 1: omit the Historic Places Trust under the Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2011.

Table 1 in Part 1 of Schedule 1: omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Table 1 in Part 1 of Schedule 1: omit registered and substitute entered on the New Zealand Heritage List/Rārangi Kōrero.

Table 1 in Part 1 of Schedule 1: omit for registration under the Historic Places Act 1993 and substitute which is notified under section 65(4) of the Heritage New Zealand Pouhere Taonga Act 2011.

Table 2 in Part 1 of Schedule 1: omit the Historic Places Trust under the Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2011.

Table 2 in Part 1 of Schedule 1: omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 201In1.

Table 2 in Part 1 of Schedule 1: omit registered and substitute entered on the New Zealand Heritage List/Rārangi Kōrero.

Table 2 in Part 1 of Schedule 1: omit for registration under the Historic Places Act 1993 and substitute which is notified under section 65(4) of the Heritage New Zealand Pouhere Taonga Act 2011.

Porirua City Council (Pauatahanui Burial Ground) Act 2007 (2007 No 1 (L))

Section 12(4): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (2009 No 26)

Definition of Historic Places Trust in section 7: repeal.

Section 7: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 24(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 27: repeal and substitute:

27 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 30(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 30(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Pouakani Claims Settlement Act 2000 (2000 No 90)

Section 9: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 36(b): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 40: repeal and substitute:

40 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the Crown-owned area of Titiraupenga, including in making a determination as to whether the Pouakani governance entity is a person directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 41(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 41(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga; and.

Paragraph (b) of the section item headed Purposes of statutory acknowledgement in Schedule 3: omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Protected Objects Act 1975 (1975 No 41)

Section 11(3): omit the New Zealand Historic Places Trust under section 44 of the Historic Places Act 1980 and substitute Heritage New Zealand Pouhere Taonga under section 54 46 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 14(2)(b): omit Historic Places Act 1980 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 14(5): omit Historic Places Act 1980 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 15(5)(a): omit Historic Places Act 1980 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Clause 6 of Schedule 4: omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Public Audit Act 2001 (2001 No 10)

Schedule 2: omit New Zealand Historic Places Trust.

Schedule 2: insert in its appropriate alphabetical order Heritage New Zealand Pouhere Taonga.

Reserves Act 1977 (1977 No 66)

Definition of New Zealand Historic Places Trust in section 2(1): repeal.

Section 2(1): insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 4(1): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 13(4): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 17(2)(b): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 18(2): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 19(2)(d): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 20(2)(d): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 21(2)(c): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 22(4)(a): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 23(2)(a): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 24(5): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 78(2)(b): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 78(2)(b): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Resource Management Act 1991 (1991 No 69)

Section 11(1)(cc): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 11(1)(cc): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 61(2)(a)(iia): omit in the Historic Places Register and substitute Register on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2011.

Section 66(2)(c)(iia): omit in the Historic Places Register and substitute Register on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2011.

Section 74(2)(b)(iia): omit in the Historic Places Register and substitute Register on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2011.

Section 87B(4): omit section 105(2)(b) of the Historic Places Act 1993 and substitute section 91(4)(b) of the Heritage New Zealand Pouhere Taonga Act2011.

Section 87B(4): repeal.

Paragraph (c) of the definition of heritage protection authority in section 187: repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga, in so far as it exercises its powers under section 12(1)(j) of the Heritage New Zealand Pouhere Taonga Act 2011:

  • (c) Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 11(1)(h) of the Heritage New Zealand Pouhere Taonga Act 2011:.

Section 422(6)(b): repeal and substitute:

  • (b) Heritage New Zealand Pouhere Taonga established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Rongowhakaata Claims Settlement Act 2012 (2012 No 54)

Definition of Historic Places Trust in section 12: repeal.

Section 12: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 32(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 35: repeal and substitute:

35 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 38(1)(c): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Te Arawa Lakes Settlement Act 2006 (2006 No 43)

Definition of Historic Places Trust in section 11: repeal.

Section 11: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 18(2): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Section 61(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 64: repeal and substitute:

64 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the Trustees of the Lake Te Arawa Lakes Trust are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 67(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 67(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Te Roroa Claims Settlement Act 2008 (2008 No 100)

Definition of Historic Places Trust in section 10: repeal.

Section 10: insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 69(1)(a): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 72: repeal and substitute:

72 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • (1) If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees of the Manawhenua Trust are persons directly affected by the decision.

    (2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 75(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 75(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Te Uri o Hau Claims Settlement Act 2002 (2008 2002 No 36)

Definition of archaeological site in section 57(1): omit section 2 of the Historic Places Act 1993 and substitute section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 57(1): insert in its appropriate alphabetical order:

Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.

Section 58(1)(b): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 62: repeal and substitute:

62 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements
  • If, on or after the effective date, an application is made under section 42 or 59 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm modify or destroy an archaeological site within a statutory area,—

    • (a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 or 60 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

    • (b) the Environment Court, in determining under section 57(1) or 62(1) of that Act any appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the Te Uri o Hau governance entity is a person directly affected by the decision.

Section 65(1): omit the Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Section 65(2)(c): repeal and substitute:

  • (c) Heritage New Zealand Pouhere Taonga:.

Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (2010 No 24)

Section 17(7)(e): repeal and substitute:

  • (e) Heritage New Zealand Pouhere Taonga Act 2011:.

Waitakere Ranges Heritage Area Act 2008 (2008 No 1 (L))

Schedule 3: omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.

Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987 (1987 No 5 (L))

Section 18(1)(d): repeal and substitute:

  • (d) the Heritage New Zealand Pouhere Taonga Act 2011:.

Part 2
Amendments to regulations

Resource Management (Forms, Fees, and Procedure) Regulations 2003 (SR 2003/153)

Regulation 10(2)(g): omit the New Zealand Historic Places Trust and substitute Heritage New Zealand Pouhere Taonga.

Regulation 10(2)(g)(ii): insert wāhi tūpuna, after historic area,.

Regulation 10(2)(g)(ii): omit registered under the Historic Places Act 1993 and substitute entered on the New Zealand Heritage List/Rārangi Kōrero under the Heritage New Zealand Pouhere Taonga Act 2011.

Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 (SR 2009/397)

Regulation 33(8): omit Historic Places Act 1993 and substitute Heritage New Zealand Pouhere Taonga Act 2011.


Legislative history

4 October 2011Introduction (Bill 327–1)
8 May 2012First reading and referral to Local Government and Environment Committee

  • 1  For example, English Heritage and the Australian Heritage Council. New Zealand is also a signatory to the World Heritage Convention, which relates to historic places.