Links to Other Legislation and Agencies

There is legislation in addition to the RMA that local authorities need to consider in making provision for historic heritage management through plans. This includes:

Heritage New Zealand Pouhere Taonga Act 2014

    • This Act is administered by Heritage New Zealand Pouhere Taonga. It outlines the functions and powers of Heritage New Zealand and the Māori Heritage Council. These functions include the preparation of general policy statements relating to archaeological sites, properties owned or controlled by Heritage New Zealand, administration of the New Zealand Heritage List/Rārangi Kōrero, including the National Historic Landmarks List and the statutory advocacy role of Heritage New Zealand.
    • As outlined in this guidance note, the Heritage NZ Pouhere Taonga Act 2014 includes a number of provisions that are closely aligned with the RMA, especially the protection of archaeological sites, heritage covenants and the New Zealand Heritage List/Rārangi Kōrero.

Conservation Act 1987

    • The Conservation Act 1987 provides for the protection of historic resources. This will include historic resources within public conservation land, under agreement with landowners and general advocacy by the Department of Conservation. The management of historic resources on public conservation land is guided by general policy, conservation management strategies and conservation plans.

Building Act 2004

    • The Building Act 2004 includes a range of provisions relevant to historic heritage, including the principle of the need to facilitate the preservation of buildings of significant cultural, historical, or heritage value.
    • Under the Building Act 2004, a project information memorandum (PIM) must include any information likely to be relevant to the proposed building work that identifies the heritage status of the building (if any) and each special feature of the land concerned. The PIM must also indicate if the territorial authority considers that notification to Heritage New Zealand is likely to be required under section 39.
    • Under section 39, a territorial authority must advise Heritage New Zealand if an application for a PIM, or for a building consent, affects a historic place, historic area, wāhi tapu, wāhi tūpuna or wāhi tapu area that has been entered on the New Zealand Heritage List/Rārangi Kōrero; and the territorial authority has not previously advised Heritage New Zealand about the building work to which that application relates. The territorial authority must advise Heritage New Zealand within 5 days after receiving the application. Further, in issuing a building consent, the territorial authority must confirm that Heritage New Zealand has been notified under section 39, if applicable.
    • There are also a number of provisions relevant to heritage buildings with regard to earthquake prone, dangerous and insanitary buildings. In terms of policies prepared under section 131 of the Building Act 2004, territorial authorities must state how it will apply to heritage buildings. Heritage New Zealand must also receive a copy of any section 124 notice with respect to an earthquake prone, dangerous or insanitary building, if the building is a heritage building. Guidance is available from the Heritage New Zealand website with respect to heritage-related matters under the Building Act 2004.

Reserves Act 1977

    • Reserves may be classified as historic reserves. Historic reserves may be vested in local authorities or Heritage New Zealand. Alternatively, local authorities or Heritage New Zealand may be appointed to control and manage historic reserves. Reserves of other classifications may also include important historic heritage. Plans should be coordinated with the overall management direction of reserve management plans, prepared under the Act.

Te Ture Whenua Māori Act 1993

    • This Act promotes the retention of land by Māori and is administered by Te Puni Kōkiri. It provides for land to be set aside as Māori reserve. This may include places of historic or cultural interest.

Local Government Act 2002

    • This Act enables local government to develop its own provisions to address local issues. Heritage planning, funding and management may be a key topic of that is addressed a new through long term planning.