This note is not part of the order, but is intended to indicate its general effect.
This order comes into force on 1 July 2011, after its gazettal. It replaces the orders made under the Canterbury Earthquake Response and Recovery Act 2010, namely the Canterbury Earthquake (Historic Places Act) Order 2010 as amended by the Canterbury Earthquake (Historic Places Act) Amendment Order 2011.
Clause 3 provides for expiry of this order on the date of the expiry of the Canterbury Earthquake Recovery Act 2011 (the CERA) on 18 April 2016.
Clause 4 provides for the order to apply to the area defined in the CERA as greater Christchurch, namely the districts of the Christchurch City Council, the Selwyn District Council, and the Waimakariri District Council, and including the coastal marine area adjacent to those districts.
Clause 5 sets out the meanings of certain key terms.
Clause 6 provides a power for the New Zealand Historic Places Trust to appoint 1 or more Canterbury archaeological officers to assist with the recovery from the Canterbury earthquakes, setting out the functions of the officer and the qualifications required for any appointee.
Clause 7 expresses the prohibition applying instead of section 10(1) of the Historic Places Act 1993 (the Act) against knowingly destroying, damaging, or modifying the whole or any part of an archaeological site unless an authority has been granted under the Act or an emergency authority or a general emergency authority has been granted under this order.
Clauses 8 and 9 provide for applications to be made for emergency authorities or general emergency authorities, setting out the information required with those applications.
Clauses 10 and 11 provide for the determination of applications, instead of the provisions of the Act. Consistency with the purposes of the CERA is required and consultation may be dispensed with, but applications that do not satisfy the information requirements must be rejected. Strict time limits are imposed on the decision maker.
Clause 12 clarifies the continuing applicability of duties and responsibilities under other enactments and provides for the commencement of an emergency authority or a general emergency authority on the day after the period for lodging and serving an appeal has expired, or after the determination of an appeal, if successful. An authority expires upon the expiry of the CERA unless an earlier expiry date is specified in the authority.
Clause 13 applies instead of section 15 of the Act to provide for conditions that may be imposed on the granting of emergency authorities or general emergency authorities.
Clause 14 sets out the rights and obligations applying to a holder of an emergency authority or a general emergency authority instead of the provisions of section 17 of the Act.
Clause 15 provides for a limited right of appeal for—
an applicant for an emergency authority or a general emergency authority whose application is declined, in whole or in part; and
for tangata whenua, on matters of culture or tradition in relation to a site of interest to Māori, against a decision of an archaeological officer or the conditions that are imposed in relation to a site of interest to Māori.
Clause 16 provides that the relevant offence and penalty provisions of the Act apply to breaches of clause 7 or 13 of the order.
Clause 17 revokes the Canterbury Earthquake (Historic Places Act) Order 2010.
This order is made under the Canterbury Earthquake Recovery Act 2011 and its effect is temporary.