This section establishes Heritage New Zealand Pouhere Taonga.

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.

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

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

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

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

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).

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

The Minister may appoint the chief executive as a special adviser to the Board.

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.

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

The special adviser appointed under section 11 is not a member of the Board, but may attend the meetings of the Board.

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

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

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

In order to achieve the purpose of this Act, the functions of Heritage New Zealand Pouhere Taonga are—

In performing its function under subsection (1)(c), Heritage New Zealand Pouhere Taonga must recognise the interests of an owner, as far as those interests are known, in a particular historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

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.

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).

Heritage New Zealand Pouhere Taonga has the powers necessary to—

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

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.

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.

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

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).

If an application is granted under section 48(1) subject to a condition of the kind referred to in section 52, an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga may enter onto the land to assess the site, with any assistance reasonably necessary, and the owner, occupier, or applicant must not obstruct that assessment.

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.

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

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.

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.

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

In this section, applicant means a person who has applied for an authority under section 44, 56, or 61 in respect of the relevant site.

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.

Not later than 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 each of the matters listed in section 17(1)(b).

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—

In the case of a statement of general policy required under subsection (2), Heritage New Zealand Pouhere Taonga must comply with section 17.

In this section and section 17, historic place includes any chattel or object or class of chattel or object entered in the New Zealand Heritage List/Rārangi Kōrero for that place.

A statement of general policy prepared by Heritage New Zealand Pouhere Taonga after the commencement of this Act must—

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

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

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.

Each statement of general policy adopted by Heritage New Zealand Pouhere Taonga must be reviewed by Heritage New Zealand Pouhere Taonga not later than 10 years after its adoption, in accordance with subsections (1) to (4).

Heritage New Zealand Pouhere Taonga may amend a statement of general policy adopted under section 17 as necessary to adapt the statement to changing circumstance or in accordance with increased knowledge.

If a statement of general policy is amended, section 17(2) and (3) apply, unless the Board resolves on reasonable grounds that those provisions need not be followed.

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.

Sections 17 and 18 apply, with the necessary modifications, to conservation plans.

Heritage New Zealand Pouhere Taonga must not act inconsistently with a statement of general policy adopted under section 17 or a conservation plan adopted under section 19 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.

No person may require Heritage New Zealand Pouhere Taonga to implement a statement of general policy or a conservation plan.

Failure by Heritage New Zealand Pouhere Taonga to comply with a statement of general policy or a conservation plan does not affect the validity or enforceability of a deed, contract, agreement, right, authority, or obligation entered into, obtained, granted, or incurred by Heritage New Zealand Pouhere Taonga.

In this section, a reference to Heritage New Zealand Pouhere Taonga includes the Māori Heritage Council.

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

The Board may, in writing, delegate to the Council any of its functions and powers other than those set out in section 21.

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

Subject to any general or special directions given by the Board, the Council may 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.

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

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

A delegation under this section is revocable at will and does not prevent the Board from carrying out a function or exercising a power.

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

No body may be incorporated or registered under any other enactment or in any other manner under any of the following names:

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).

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

The income of Heritage New Zealand Pouhere Taonga is exempt from income tax.

This section continues the Māori Heritage Council established by section 84 of the Historic Places Act 1993.

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

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

The chairperson of the Council, if that person is not also a member of the Board, is entitled—

A member of the Council—

The Council has the following functions:

In performing its functions under subsection (1)(i), the Council must recognise the interests of an owner, as far as those interests are known, in a particular historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

The Council has the powers that are reasonably necessary or expedient to enable it to carry out its functions.

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

The Council must elect 1 of its members to be the deputy chairperson as follows:

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.

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

Any member of the Council may resign from office at any time by notice to the Minister.

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.

The Council may give leave of absence to any member.

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

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.

In the case of a Council member appointed under section 26(2)(a), any co-opted Board member during that leave of absence also becomes a co-opted member of the Council for the period of absence.

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

The vacancy that occurs if a member dies, resigns from office, or is removed from office by the Minister is an extraordinary vacancy.

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

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.

The powers of the Council are not affected by any vacancy in the membership of the Council.

The chairperson of the Council must preside at all meetings of the Council at which he or she is present.

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.

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

Subject to subsection (5), the chairperson—

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.

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

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

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.

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.

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

Subject to this Act and the rules of Heritage New Zealand Pouhere Taonga made under section 23, the Council may regulate its own procedure.

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.

The chairperson or, in his or her absence, the deputy chairperson of the Board (if any), if that person is not also a member of the Council, is entitled—

The acts and proceedings of the Council, or of any person acting as a member of the Council, are not invalidated—

The following provisions of the Crown Entities Act 2004 apply to each member of the Council who is not a member of the 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:

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 as if the member were a member of the Board.

Heritage New Zealand Pouhere Taonga may enter into a heritage covenant with the owner 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.

A heritage covenant may—

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

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.

In this section, land—

A heritage covenant has effect according to its terms but is subject to this Act.

To avoid doubt,—

A heritage covenant—

If a heritage covenant applies to land that comprises part of the land in a record of title, the Registrar-General of Land may require the deposit of a plan in accordance with section 224 of the Land Transfer Act 2017.

If a provision of a heritage covenant registered under the Land Transfer Act 2017 is varied or cancelled by agreement under section 39(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.

As the case may require, the provisions of the covenant—

Unless an authority is granted under section 48, 56(1)(b), or 62 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 ought reasonably to have suspected, that the site is an archaeological site.

Subsection (1) applies whether or not an archaeological site is a recorded archaeological site or is entered on—

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.

Heritage New Zealand Pouhere Taonga may, on reasonable grounds, declare any place to be an archaeological site if the place—

A declaration under subsection (1) must be made—

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

The following applications may be made by any person to Heritage New Zealand Pouhere Taonga:

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.

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—

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.

Heritage New Zealand Pouhere Taonga must—

Despite subsection (4)(a), if an application for approval under this section is made concurrently with an application under section 44, the determination and notification of both applications must be made within the relevant time period specified in section 50.

Every application for an authority made under section 44 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.

An application must include the following information:

The application may (but need not) include an application required by section 45.

Before applying under section 44(c) to conduct a scientific investigation of a site of interest to Māori, the applicant must—

An applicant who 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)—

Not later than 5 working days after receiving an application under section 44, Heritage New Zealand Pouhere Taonga must, if it is satisfied that the application includes all of the information required by section 46,—

In the case of an application to which subsection (1)(a)(ii) applies, ensure that an assessment required by section 46(2)(g) is undertaken by or on behalf of Heritage New Zealand Pouhere Taonga in relation to the archaeological site.

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

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.

In the case of an application made under section 44(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)(a)(ii) of this section, it must have regard to—

In determining an application made under section 44, Heritage New Zealand Pouhere Taonga may—

Heritage New Zealand Pouhere Taonga must make its determination in accordance with the requirements of sections 49 to 52.

Before determining an application under section 48, Heritage New Zealand Pouhere Taonga must take the following steps, to the extent that they are relevant to the application being considered:

In making a determination, Heritage New Zealand Pouhere Taonga must have regard to the matters set out in section 59(1)(a) (the matters to which the Environment Court must have regard when determining an appeal).

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

Heritage New Zealand Pouhere Taonga must make its determination under section 48 (including for any approval required under section 45) and give notice of that determination not later than—

An application under section 44(b) (including for an approval required under section 45) must be determined and notice given of the determination not later than 20 working days after it is accepted under section 47(1)(b)(i).

After determining an application under section 48 or 56, Heritage New Zealand Pouhere Taonga must give notice of its decision to—

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

An authority granted under section 48 may include any conditions, including conditions that—

Heritage New Zealand Pouhere Taonga may impose a condition requiring 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.

At any time while an authority that is subject to conditions imposed under section 52 is current,—

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 appropriate,—

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

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

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

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

Sections 48 and 52 apply to a determination made under subsection (5) or (6), with any necessary modifications.

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

An authority granted under section 48 or 56 commences when—

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

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.

An authority is current—

On the applicable date, the authority expires.

An authority, for the time that it is current,—

The owner of land over which a current authority applies must, before any change of ownership,—

Heritage New Zealand Pouhere Taonga may, as far as it is consistent with the purpose of this Act,—

An application made under subsection (1)(b) need include only the information required by section 46(2)(a) to (e) and (h).

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

In considering an application referred to it under subsection (3)(a), the Council may consult as it thinks appropriate.

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

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

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

Subsection (2) applies if—

Heritage New Zealand Pouhere Taonga may—

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—

Any person who is directly affected by the exercise of a power referred to in subsection (2) may appeal against that decision by notice of appeal to the Environment Court.

A right of appeal applies to the exercise of the power conferred by—

The notice of appeal must—

Subject to this section and section 59, an appeal must be heard and determined by the Environment Court in the manner provided for by or under the Resource Management Act 1991.

In determining an appeal made under section 58, the Environment Court—

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

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.

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.

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.

This subpart provides a process for obtaining an emergency authority to undertake an activity that will or may modify or destroy an archaeological site or sites located in an area or a district over which a state of emergency is declared, or a transition period is notified, under the Civil Defence Emergency Management Act 2002.

Unless otherwise expressly provided for, this subpart applies instead of subpart 2 if an emergency authority is sought and granted within 12 months after the state of emergency is terminated under section 72, or the transition period is terminated under section 94E, of the Civil Defence Emergency Management Act 2002, or such further time as is reasonably necessary in the circumstances.

Any person may apply to Heritage New Zealand Pouhere Taonga for an emergency authority to undertake an activity that will or may modify or destroy an archaeological site or sites if, after a state of emergency has been declared or a transition period has been notified, it appears that it may be necessary to undertake an activity that will or may modify or destroy a site or sites.

An application for an emergency authority must—

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

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.

Heritage New Zealand Pouhere Taonga may—

In determining an application for an emergency authority, Heritage New Zealand Pouhere Taonga must have regard to—

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

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.

Heritage New Zealand Pouhere Taonga must determine an application—

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

If Heritage New Zealand Pouhere Taonga is unable to contact the owner of the relevant land through publicly available records within the time permitted by this section to obtain consent to carry out an activity, the lack of consent does not invalidate the determination of Heritage New Zealand Pouhere Taonga.

If Heritage New Zealand Pouhere Taonga is satisfied on reasonable grounds that 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.

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

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

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

There is a right of appeal to the Environment Court against a decision of Heritage New Zealand Pouhere Taonga made under section 62 for—

A notice of appeal must—

The provisions of section 59 apply, with the necessary modifications, to an appeal under this section.

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.

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.

The purposes of the New Zealand Heritage List/Rārangi Kōrero are—

The New Zealand Heritage List/Rārangi Kōrero must—

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.

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—

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.

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 65(4)(a)).

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:

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 (3).

The Council may enter any wāhi tūpuna on the New Zealand Heritage List/Rārangi Kōrero if it is satisfied that the wāhi tūpuna—

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 (3) or (5) or in regulations made under subsection (4).

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.

An application—

Heritage New Zealand Pouhere Taonga must decline an application if, after having regard to the matters it is required to consider under section 66, it considers that the application lacks sufficient merit.

If Heritage New Zealand Pouhere Taonga is satisfied that an application is supported by sufficient evidence, it must proceed to determine the application by—

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

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.

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.

If an application relates to a historic place, historic area, or part of a place or area on Māori land,—

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.

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.

An application must—

The Council must decline an application—

If the Council is satisfied that an application is supported by sufficient evidence, the Council must proceed to determine the application by—

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

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.

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.

If an application relates to a wāhi tūpuna, wāhi tapu, or wāhi tapu area on Māori land,—

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.

Any person may make a written submission on an application publicly notified under section 67(4) or 68(4), including any of the following:

Any submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as appropriate, not later than—

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.

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.

Before making a decision under this section,—

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 67 or 68.

Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must have regard to the recommendations of the assessor.

If Heritage New Zealand Pouhere Taonga does not accept a recommendation, it must provide reasons to the assessors and submitters.

Before making an appointment under section 70, 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.

An assessor is not liable for advice or recommendations given in good faith under section 70.

Despite sections 67(4) and 68(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—

As soon as is reasonably practicable after making a decision under section 69 or receiving written approval under section 72(b), Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must—

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).

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.

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.

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.

In making a recommendation under subsection (1) or (2), Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must recognise the interests of an owner, as far as they are known, in a historic area or wāhi tapu area.

Subsection (2) applies if Heritage New Zealand Pouhere Taonga—

Before Heritage New Zealand Pouhere Taonga takes any action in respect of the application, it must—

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.

Heritage New Zealand Pouhere Taonga must maintain, and supply—

Each local authority must make the lists and details supplied under subsection (1) available for public inspection during its usual business hours.

Subsection (4) applies if a notice is given to a territorial authority under section 67(4)(b)(ii), 68(4)(b)(iii), 73(1)(b), 78(9), or 79(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.

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.

The New Zealand Heritage List/Rārangi Kōrero must be available for public inspection—

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.

Any person may apply to—

However, no person may apply for a review of an entry on the New Zealand Heritage List/Rārangi Kōrero earlier than whichever is the later of the following dates:

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—

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.

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.

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.

When a review is completed, Heritage New Zealand Pouhere Taonga or the Council, as appropriate, may—

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.

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,—

In this subpart, place—

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.

The purpose of the Landmarks list is to promote—

A place must not be included on the Landmarks list unless it is of outstanding national heritage value, having regard to 1 or more of the following:

A place must not be included on the Landmarks list unless there is strong evidence of broad national and community support for its inclusion.

The Landmarks list must be available for public inspection on the Internet site of Heritage New Zealand Pouhere Taonga.

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.

The Minister may determine that a place is of outstanding national heritage value and is to be included on the Landmarks list.

Before the Minister may make a determination under subsection (1),—

Before Heritage New Zealand Pouhere Taonga may make a recommendation to the Minister, it must—

Heritage New Zealand Pouhere Taonga must not propose that a place be included on the Landmarks list unless it is satisfied that—

The plan required by subsection (4)(c) must include details to establish—

Nothing in this subpart affects the responsibilities of the owner of a place included on the Landmarks list.

The Minister may, from time to time, initiate a review of the places on the Landmarks list and may—

Before the Minister may conduct a review,—

Before Heritage New Zealand Pouhere Taonga may make a recommendation, it must—

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.

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.

Heritage New Zealand Pouhere Taonga must, not later than 12 months after the date that the request was received by the Minister,—

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.

After considering the recommendation given under subsection (2)(b), the Minister may reject the application in whole or in part.

The Minister must advise the owner of the place, and any person with a registered interest in it, of the outcome of the review.

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,—

Every person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding,—

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—

Every person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding,—

If an authority is required in respect of an archaeological site, every person commits an offence in respect of that site if the person, without the authority of Heritage New Zealand Pouhere Taonga or of any person authorised by Heritage New Zealand Pouhere Taonga,—

Every person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding,—

Every person commits an offence who contravenes or fails to comply with any condition imposed by or under section 48(1)(a), 52, 56(1), or 62(1)(a).

Every person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding—

Every person commits an offence who—

Every person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding—

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,—

Every person who fails to comply with the requirements of section 55(2) commits an offence.

Every person who contravenes, or permits a contravention of, an order made under section 92 commits an offence.

Every person who commits an offence under subsection (1), (2), or (3) is liable, on conviction, to a fine not exceeding—

Subsection (2) applies if an offence is committed against this Act by person A acting as the agent (including any contractor) or employee of person B.

Person B is, without prejudice to the liability of person A, liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.

It is a good defence to proceedings brought under subsection (1) if—

If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any) or a person involved in the management of the defendant is guilty of the same offence if it is proved—

Heritage New Zealand Pouhere Taonga may apply to the Environment Court for an order prohibiting any person from taking any action or omitting to act—

An application under subsection (1) is to be treated as if it were an application for an enforcement order under section 314 of the Resource Management Act 1991, and sections 315(1) to (3), 317, 318, 320, and 321 of that Act apply to an application, except as those provisions are modified by this section or section 93.

After considering an application made under subsection (1), the Environment Court may—

An order may be granted under this section—

An interim order may be made by an Environment Judge under this section as if the order were made under section 320 of the Resource Management Act 1991.

An interim order made under subsection (5) remains in force until—

Despite anything in Part 11 of the Resource Management Act 1991, the Environment Court does not have the jurisdiction to make orders for costs under this section.

Proceedings under sections 85 to 90 (which relate to offences) must be heard—

Proceedings under section 92 (other than those under section 92(6)) must be heard by an Environment Judge sitting alone or by the Environment Court.

Proceedings under section 92(6) (which relates to interim orders) must be heard by an Environment Judge sitting alone.

In a prosecution for an offence against section 87 or 88, it is not necessary to prove that the defendant intended to commit the offence.

Subject to subsection (3), it is a defence to a prosecution of the kind referred to in subsection (1) if—

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—

If a person is found offending against this Act, an individual referred to in subsection (2) may require the person offending to stop offending immediately and give his or her name and address.

The individuals are—

The person offending commits an offence if, when requested, he or she—

Every person who commits an offence against this section is liable, on conviction, to a fine not exceeding $2,000.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of offences against sections 89 and 90 of this Act ends on the day that is 12 months after the date on which the commission of the offence was known, or should have been known, to Heritage New Zealand Pouhere Taonga.

To avoid doubt, subsection (1) does not limit the time for filing a charging document under any of sections 85 to 88.

For the purpose of providing funds for the exercise of the functions of Heritage New Zealand Pouhere Taonga,—

In this section, public body means—

Despite anything in any enactment (other than the Public Works Act 1981), any local authority may transfer any land (other than a public reserve within the meaning of the Reserves Act 1977) to Heritage New Zealand Pouhere Taonga.

Heritage New Zealand Pouhere Taonga may accept that land and hold it for the purposes of this Act.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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.

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.

On and from the commencement of this Act, the term of office expires—

No person who is or has been a member of the Council is entitled to compensation as a result of the expiry of that person’s term of office under this section.

On and from the commencement of this Act,—

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.

This section applies to—

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.

The Canterbury Earthquake (Historic Places Act) Order 2011 continues to apply as if the Historic Places Act 1993 had not been repealed.

If a notice or other document is to be given to a person under this Act, it must be given in writing—

In the absence of proof to the contrary, a notice or document—

The Historic Places Act 1993 (1993 No 38) is repealed.

The Historic Places Trust Elections Regulations 1993 (SR 1993/302) are revoked.

The enactments specified in the Schedule are consequentially amended in the manner set out in that schedule.