Hon Christopher Finlayson
Government Bill
327—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Preliminary 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 2Heritage New Zealand Pouhere Taonga and Māori Heritage Council
Subpart 1—Heritage 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 2—Māori Heritage Council
23 Māori Heritage Council continued
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 3Protection of places and areas of historical and cultural value
Subpart 1—Heritage covenants
37 Heritage covenants
38 Effect of heritage covenant
39 Registrar-General of Land must register instruments
Subpart 2—Archaeological 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 3—Emergency authorities
58 Purpose and application of subpart
59 Application for emergency authority
60 Determination of applications
61 Condition requiring investigation
62 Appeal rights
Part 4Recognition of places of historical, cultural, and ancestral significance
Subpart 1—Provisions 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 2—National 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 5Offences and penalties, transitional provisions, and miscellaneous matters
Subpart 1—Offences 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 2—Miscellaneous 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
ScheduleEnactments consequentially amended
Legislative history
The Parliament of New Zealand enacts as follows: