National War Memorial Park (Pukeahu) Empowering Act Order 2014

  • revoked
  • National War Memorial Park (Pukeahu) Empowering Act Order 2014: revoked, on 1 August 2015, by clause 3.

Reprint as at 1 August 2015

Coat of Arms of New Zealand

National War Memorial Park (Pukeahu) Empowering Act Order 2014

(LI 2014/218)

National War Memorial Park (Pukeahu) Empowering Act Order 2014: revoked, on 1 August 2015, by clause 3.

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of June 2014

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry for Culture and Heritage.

Pursuant to section 25 of the National War Memorial Park (Pukeahu) Empowering Act 2012, His Excellency the Governor-General, makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Arts, Culture and Heritage made after taking into account the purposes of the Act and having regard to the recommendations of the National War Memorial Park Review Panel.

Order

1 Title

This order is the National War Memorial Park (Pukeahu) Empowering Act Order 2014.

2 Commencement

This order is deemed to have come into force on 24 February 2014.

3 Revocation of this order

This order is revoked on the close of 31 July 2015.

4 Interpretation

In this order, National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2012) means the standard set out in the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

5 Resource consents granted

(1)

The resource consents specified in Part 1 of the Schedule are granted to the chief executive of the Ministry for Culture and Heritage subject to the conditions specified in relation to any of those consents in Part 2 of the Schedule.

(2)

The resource consents granted by subclause (1) have the same force and effect as if they had been granted under section 104A, 104B, or 104C of the Resource Management Act 1991 and the provisions of that Act apply to those resource consents (other than as excluded by subclause (3)).

(3)

The following provisions of the Resource Management Act 1991 do not apply in relation to the resource consents granted by this clause:

(a)

section 116 (which relates to the commencement of resource consents):

(b)

section 120 (which provides for appeal rights):

(c)

sections 128 to 132 (which provide for the review of resource consent conditions):

(d)

section 133 (which relates to the power of the Environment Court to change or cancel a resource consent).

Schedule Resource consents granted to Ministry and conditions applying

cl 5

Part 1 Resource consents

Consent NoConsents
Wellington City Council
RC 01To authorise the relocation of and modification (strengthening and/or stabilising) and protection works to the listed heritage building, Home of Compassion Creche (former) at 18 Buckle Street.
RC 02To authorise the use and maintenance of the listed heritage building, Home of Compassion Creche (former) at 18 Buckle Street until the revocation of this order.
RC 03To authorise earthworks and landscaping associated with the relocation of and modification (strengthening and/or stabilising) and protection works to the listed heritage building, Home of Compassion Creche (former) at 18 Buckle Street.
RC 04Under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2012) to authorise activities involving earthworks and development associated with the relocation of, modification (strengthening and/or stabilising) and protection works to, and ongoing use and maintenance of, the listed heritage building, Home of Compassion Creche (former) at 18 Buckle Street.

Part 2 Conditions

Condition noConditions applying to RC 01
01The relocation of the Home of Compassion Creche (former) shall be undertaken in accordance with the Home of Compassion Creche 18 Buckle St, Wellington—Relocation/Heritage Management Plan (prepared in accordance with conditions NZTA 08 to NZTA 10 in Part 2 of Schedule 3 of the Act) dated 8 January 2014 and certified on 24 February 2014.
Condition noConditions applying to RC 03
02The works shall be undertaken in accordance with the Contaminated Soils Management Plan, also referred to as the Contaminated Land Management Plan, prepared in accordance with condition 28 in Part 2 of Schedule 2 of the Act and dated 24 February 2014.

Martin Bell,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which is deemed to have come into force on 24 February 2014, grants certain further resource consents in respect of the National War Memorial Park (Pukeahu).

Clause 5(1) grants resource consents to the Ministry for Culture and Heritage in respect of the former Home of Compassion Creche at 18 Buckle Street, Wellington. The relocation of the creche is part of the certified Park design plan required by the National War Memorial Park (Pukeahu) Empowering Act 2012. The consents authorise work required in relation to the creche. Subclause (2) provides that the consents have full force and effect as if they had been granted under the Resource Management Act 1991. Subclause (3) provides that certain provisions of the Resource Management Act 1991 do not apply.

The order will be revoked on the close of 31 July 2015 (clause 3).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 July 2014.

Reprints notes
1 General

This is a reprint of the National War Memorial Park (Pukeahu) Empowering Act Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

National War Memorial Park (Pukeahu) Empowering Act Order 2014 (LI 2014/218): clause 3