Heritage New Zealand Pouhere Taonga Bill

  • enacted

Hon Christopher Finlayson

Heritage New Zealand Pouhere Taonga Bill

Government Bill

327—3

As reported from the committee of the whole House

Contents

Key

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

12 Powers of Heritage New Zealand Pouhere Taonga

13 Rights of entry onto land

General policy requirements

14 Statements of general policy

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

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

Part 3
Protection of places and areas of historical 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

Overarching protection for archaeological sites

40 Archaeological sites not to be modified or destroyed

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

Determination of applications for authorities

46 Determination

47 Factors relevant to making determination

48 Time within which applications to be determined

48A Notification of determination

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

Exploratory investigations

54 Exploratory investigation of site or locality

55 Powers and duties 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
Recognition of places of historical, cultural, and ancestral significance

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

New Zealand Heritage List/Rārangi Kōrero continued and maintained

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 Landmarks 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

89 Other offences

Liability of principal

89A Liability of principal for acts of agents

Remedies

90 Injunctions to restrain commission of offences

90 Enforcement

91 Proceedings

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

Notices

103 Giving of notices

Repeal, revocation, and consequential amendments

104 Repeal

105 Revocation

106 Consequential amendments

Schedule
Enactments consequentially amended

Legislative history


The Parliament of New Zealand enacts as follows: