Heritage New Zealand Pouhere Taonga Act 2014

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 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 13 and 14, 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 22, that Heritage New Zealand Pouhere Taonga has the power to delegate functions and powers to the Māori Heritage Council continued by section 26; and

(d)

in sections 27 and 28, 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

(e)

in section 39, for the power of Heritage New Zealand Pouhere Taonga to enter into heritage covenants over wāhi tūpuna, wāhi tapu, and wāhi tapu areas; and

(f)

in sections 46, 49, 51, 56, 57, 62, 64, and 67, 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

(g)

in sections 66, 68, 69, 70, 72, and 78, 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

(h)

in section 74, 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

(i)

in sections 75 and 82, requirements that the Council (and in section 82, the Minister of Māori Affairs) be consulted in certain circumstances relating to the New Zealand Heritage List/Rārangi Kōrero and the Landmarks list respectively.