(1) This section establishes Heritage New Zealand Pouhere Taonga.

(2) 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.

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

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

(1) 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.

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

(3) 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).

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

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

(2) 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.

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

(1) The special adviser appointed under section 10A is not a member of the Board, but may attend the meetings of the Board.

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

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

• (a) reasonable notice of the time and place of every meeting of the Board and of its committees; and

• (b) any written material or documents that relate to matters to be considered at a meeting.

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

• (a) in the case of meetings of the Board, by the chairperson or deputy chairperson (if there is one), or the member or members calling the meeting; and

• (b) in the case of meetings of a committee, by the member or members calling the meeting.

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

• (a) to identify, record, investigate, assess, list, protect, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas or enter such places and areas on the New Zealand Heritage List/Rārangi Kōrero, or to assist in doing those things, keeping permanent records of that work, and providing support for persons with a legal or equitable interest in such places and areas:

• (ab) to continue and maintain the New Zealand Heritage List/Rārangi Kōrero:

• (b) to advocate the conservation and protection of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:

• (c) to foster public interest and involvement in historic places and historic areas and in identifying, recording, investigating, assessing, protecting, and conserving them, maintaining the New Zealand Heritage List/Rārangi Kōrero, and entering such places on that list:

• (d) to issue authorities in accordance with this Act:

• (e) to manage, administer, and control historic places, buildings, and other property owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it to ensure their protection, preservation, and conservation:

• (f) in the event of a national or local emergency, to provide advice on heritage matters:

• (g) to 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:

• (h) to act as a heritage protection authority under Part 8 of the Resource Management Act 1991 for the purposes of protecting—

  • (i) the whole or part of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area; and

  • (ii) land surrounding the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is reasonably necessary to ensure the protection and reasonable enjoyment of the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area.

(2) In performing its functions function under subsection (1)(b), 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.

(3) 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.

(4) 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).

(1) Heritage New Zealand Pouhere Taonga has the powers necessary to—

• (a) advocate its interests at any public forum or in any planning process in which it has standing under an Act:

• (b) identify, record, investigate, assess, protect, enter on the New Zealand Heritage List/Rārangi Kōrero, and conserve historic places, historic areas, wāhi tūpuna, wāhi tapu, or wāhi tapu areas, or assist any person or organisation to do 1 or more of those things:

• (c) acquire, restore, conserve, and manage historic places and historic areas, or assist any person or organisation to do 1 or more of those things:

• (d) assist any person or organisation to acquire, restore, conserve, or manage any wāhi tūpuna, wāhi tapu, or wāhi tapu area:

• (e) erect suitable signs and notices on historic places and historic areas, subject to the consent of the owner first being obtained, in the case of any historic place or historic area not owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it:

• (f) enter into agreements with local authorities, corporations, societies, individuals, or other controlling bodies for the management, maintenance, and preservation of any historic place or historic area or, where appropriate, wāhi tūpuna, wāhi tapu, or wāhi tapu area:

• (g) in relation to any land or buildings owned or controlled by Heritage New Zealand Pouhere Taonga or vested in it, make them accessible to the public, charge fees for admission, lease or let them, or use them for any suitable purpose:

• (h) promote or supervise the investigation of a historic place or historic area or, where appropriate, of a wāhi tūpuna, wāhi tapu, or wāhi tapu area:

• (i) provide information relating to a historic place or historic area or, where appropriate, to a wāhi tūpuna, wāhi tapu, or wāhi tapu area:

• (k) charge for services provided by Heritage New Zealand Pouhere Taonga under this Act, including—

  • (i) processing applications received by Heritage New Zealand Pouhere Taonga:

  • (ii) carrying out investigations:

  • (iii) producing, acquiring, and marketing products:

  • (iv) providing information:

• (l) in accordance with any regulations made under section 97, discount administrative charges imposed under paragraph (k)(i) and (ii), if Heritage New Zealand Pouhere Taonga does not process an application within the time prescribed by this Act:

• (m) take appropriate enforcement or restraining action under subpart 1 of Part 5:

• (n) carry out the functions and perform the duties conferred or imposed on it by this Act or under any other enactment.

(1A) In exercising its powers 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.

(2) 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.

(3) 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.

(1) 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—

• (a) carrying out an investigation under section 55 to determine whether there is an archaeological site on the land and whether an authority is necessary:

• (b) obtaining information as to the significance of an archaeological site so as to decide whether to impose a condition on an authority under section 49:

• (c) locating, recording, or inspecting any historic place for the purposes of Part 3 or Part 4.

(2) 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).

(3) If an application is granted under section 46(1) subject to a condition of the kind referred to in section 49, 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.

(4) 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.

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

• (a) entry onto the land must be made only by an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga in writing:

• (b) reasonable notice of the intention to enter must be given:

• (c) entry may only be made at reasonable times:

• (d) the person entering must carry and produce evidence of his or her authority and identity on initial entry (and subsequently if required):

• (e) if the owner or occupier is not present at the time of entry, the person exercising the power of entry must leave advice of the entry in a place where it can easily be seen by the owner or occupier.

(6) 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.

(7) 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.

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

(9) In this section, applicant means a person who has applied for an authority under section 42, 54, or 59 in respect of the relevant site.

(1) 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.

(2) 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 15(1)(b).

(3) 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—

• (a) by resolution adopt the statements as the general policy statements of Heritage New Zealand Pouhere Taonga and must comply with section 15(4); or

• (b) propose any amendments that it considers necessary or desirable to any part of a statement, in compliance with the provisions of section 15, unless Heritage New Zealand Pouhere Taonga resolves on reasonable grounds that those procedures need not be followed.

(4) In the case of a statement of general policy required under subsection (2), Heritage New Zealand Pouhere Taonga must comply with section 15.

(5) In this section and section 15, 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.

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

• (a) be prepared in draft form; and

• (b) state the general policy—

  • (i) for the administration of archaeological sites under subparts 2 and 3 of Part 3 and subpart 2 of Part 4; and

  • (ii) for the historic places owned or controlled by, or vested in, Heritage New Zealand Pouhere Taonga; and

  • (iii) for the administration of the New Zealand Heritage List/Rārangi Kōrero; and

  • (iv) for the administration of the Landmarks list; and

  • (v) for the statutory role of advocacy conferred on Heritage New Zealand Pouhere Taonga by section 11(1)(b) and on the Council by section 24(1)(ha).

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

• (a) give public notice of the availability of the draft statement for public inspection; and

• (b) invite persons and organisations to lodge written comments on the draft statement with Heritage New Zealand Pouhere Taonga before a date specified in the public notice, which must not be less than 40 working days after the date of publication of the notice; and

• (c) make the draft statement 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; and

• (d) submit the draft statement to the Minister.

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

(4) 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.

(5) Each statement confirmed under section 14(1) or adopted under section 14(2) must be reviewed by Heritage New Zealand Pouhere Taonga not later than 10 years after its confirmation or adoption, in accordance with subsections (1) to (4).

(5) 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).

(1) Heritage New Zealand Pouhere Taonga may amend a statement of general policy adopted under section 15 as necessary to adapt the statement to changing circumstance or in accordance with increased knowledge.

(2) If a statement of general policy is amended, section 15(2) and (3) apply, unless the Board resolves on reasonable grounds that those provisions need not be followed.

(1) 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.

(2) Sections 15 and 15A apply, with the necessary modifications, to conservation plans.

(1) Heritage New Zealand Pouhere Taonga must not act inconsistently with a statement of general policy adopted under section 15 or a conservation plan adopted under section 16 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.

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

(3) 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.

(4) 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—

• (a) enter into a heritage covenant under section 37:

• (b) declare an archaeological site under section 41(1):

• (c) grant an authority under section 46, if the costs of an investigation or scientific investigation are likely to exceed $100,000:

• (d) confirm entries on the New Zealand Heritage List/Rārangi Kōrero under section 74(1)(a):

• (e) vary an entry on, or remove an entry from, the New Zealand Heritage List/Rārangi Kōrero under section 80:

• (f) acquire or dispose of real property:

• (g) borrow money:

• (h) adopt any statement of general policy under section 15:

• (i) adopt a conservation plan under section 16:

• (j) give notice to a territorial authority of a requirement for a heritage order under Part 8 of the Resource Management Act 1991, unless the delegation is one that must be jointly exercised by any 2 of the following persons:

  • (i) the chairperson:

  • (ii) 1 Board member:

  • (iii) the chief executive of Heritage New Zealand Pouhere Taonga.

(1) The Board may, in writing, delegate to the Council any of its functions and powers other than those set out in section 18.

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

(3) 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.

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

• (a) with the prior written consent of the Board; and

• (b) subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

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

• (a) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation; and

• (b) must, if reasonably requested to do so, produce evidence of its authority to act in accordance with the delegation.

(6) 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:

• (a) regulating the proceedings of the Board and the Council:

• (b) providing for the custody of the property of Heritage New Zealand Pouhere Taonga and the use of its common seal:

• (c) other purposes that Heritage New Zealand Pouhere Taonga considers necessary or expedient for properly carrying out its functions and exercising its powers, including in relation to the Council.

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

• (a) Heritage New Zealand Pouhere Taonga, Heritage NZ, or Heritage New Zealand:

• (b) Historic Places Trust, New Zealand Historic Places Trust, NZHPT, or New Zealand Historic Places Trust (Pouhere Taonga):

• (c) Pouhere Taonga:

• (ca) Māori Heritage Council:

• (d) any other name that so resembles a name listed in this subsection as to be likely to mislead a person.

(2) 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).

(3) 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 (d).

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

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

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

• (a) 4 members of the Board, at least 3 of whom must be persons appointed under section 10(3); and

• (b) 4 persons appointed by the Minister, after consultation with the Minister of Māori Affairs and the Board, who—

  • (i) are Māori; and

  • (ii) collectively have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council.

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

(3A) The chairperson of the Council, if that person is not also a member of the Board, is entitled to attend and speak at meetings of the Board, but is not entitled to vote on any question.—

• (a) to attend and speak at meetings of the Board, but is not entitled to vote; and

• (b) to receive notice in writing of—

  • (i) every meeting of the Board; and

  • (ii) the business to be transacted at each meeting.

(4) A member of the Council—

• (a) holds office for a term of not more than 3 years; and

• (b) may be reappointed; and

• (c) continues in office until that person's successor comes into office, unless the member—

  • (i) vacates or is removed from office; or

  • (ii) ceases to be a member of the Board, in the case of a member appointed under subsection (2)(a).

(1) The Council has the following functions:

• (a) to ensure that, in the protection of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and other historic places and historic areas of interest to Māori, Heritage New Zealand Pouhere Taonga meets the needs of Māori in a culturally sensitive manner:

• (b) to develop Māori programmes for the identification and conservation of wāhi tūpuna, wāhi tapu, wāhi tapu areas, and historic places and historic areas of interest to Māori, and to inform the Board of all activities, needs, and developments relating to Māori interests in such areas and places:

• (c) to assist Heritage New Zealand Pouhere Taonga to develop and reflect a bicultural view in the exercise of its powers and functions:

• (d) to develop its own iwi and other consultative and reporting processes and to recommend such processes for adoption by the Board and staff of Heritage New Zealand Pouhere Taonga when dealing with matters of interest to Māori:

• (e) to make recommendations to Heritage New Zealand Pouhere Taonga on applications referred by Heritage New Zealand Pouhere Taonga under section 47(1)(b) that relate to sites of interest to Māori:

• (f) to consider and determine suitable applications to enter wāhi tūpuna, wāhi tapu, and wāhi tapu areas on the New Zealand Heritage List/Rārangi Kōrero:

• (g) to propose historic places and historic areas of interest to Māori to be entered on the New Zealand Heritage List/Rārangi Kōrero:

• (h) to make recommendations to Heritage New Zealand Pouhere Taonga on applications for resource consents referred by Heritage New Zealand Pouhere Taonga under section 76:

• (ha) to advocate the interests of Heritage New Zealand Pouhere Taonga and the Council so far as they relate to matters of Māori heritage at any public or Māori forum:

• (i) to perform the functions delegated to the Council by the Board:

• (j) to perform the other functions imposed on the Council by this Act or any other Act.

(2) In performing its functions under subsection (1)(ha), 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.

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

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

• (a) as the Council considers appropriate, appoint committees with members who may be, but are not necessarily, members of the Council:

• (b) delegate any functions of the Council under this Act to the chairperson, deputy chairperson, or to any committee of the Council, or the chief executive of Heritage New Zealand Pouhere Taonga.

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

• (a) at the first meeting of the Council after the commencement of this Act; and

• (b) at the first meeting of the Council held after the 30th day of June in each year; and

• (c) at the first meeting of the Council held after a vacancy has arisen in the office of the deputy chairperson.

(2) 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.

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

• (a) with the consent of the chairperson, at any time during the temporary absence of the chairperson; or

• (b) without that consent, at any time while the chairperson is temporarily incapacitated or prevented by illness or other cause from performing the functions and duties of his or her office; or

• (c) while there is any vacancy in the office of chairperson.

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

(2) 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.

(1) The Council may give leave of absence to any member.

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

(1) 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.

(2) In the case of a Council member appointed under section 23(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.

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

• (a) the leave of absence of the original member expires; or

• (b) that member vacates, or is removed from, office.

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

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

(3) 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.

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

(2) 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.

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

(4) Subject to subsection (5), the chairperson—

• (a) may at any time call a special meeting of the Council; and

• (b) must call a special meeting of the Council whenever requested to do so in writing by 2 or more members of the Council.

(5) 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.

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

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

(9) 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.

(9A) 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.

(9B) A resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.

(10) Subject to this Act and the rules of Heritage New Zealand Pouhere Taonga made under section 20, the Council may regulate its own procedure.

(1) 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.

(2) The chairperson or, in his or her absence, the deputy chairperson of the Board (if any) is entitled to attend and speak at meetings of the Council, but is not entitled to vote on any question (unless that person is also a member of the Council)., if that person is not also a member of the Council, is entitled—

• (a) to attend and speak at meetings of the Council, but is not entitled to vote; and

• (b) to receive notice in writing of—

  • (i) every meeting of the Council; and

  • (ii) the business to be transacted at each meeting.

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

• (a) by a vacancy in the membership of the Council at the time of the act or proceeding; or

• (b) because of the subsequent discovery that there was some defect in the appointment of any person so acting or that he or she was ineligible, or had ceased, to be a member.

(1) 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:

• (a) sections 43, 57, and 77, and sections 120 to 126 (which relate to immunities and indemnities); and

• (b) sections 135, 152(1)(e) and (f), 152(2), 189, and 190 (which provide for the status of members as officials and for disclosure and transitional arrangements); and

• (c) section 48 (which relates to the payment of the expenses of members).

(2) 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.

(1) 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.

(2) A heritage covenant may—

• (a) include the terms and conditions that the parties think fit, including provision for public access:

• (b) state that it has effect in perpetuity or for any specified term, or may be expressed to terminate on the happening of a specific event or events:

• (c) be varied or cancelled by agreement between the parties.

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

• (a) the owner of the land; and

• (b) any other person having a registered interest in the land.

(5) 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.

(6) In this section, land—

• (a) means the land to which a heritage covenant relates; and

• (b) includes, in the case of a building or structure that is the subject of the covenant, the land on which the building or structure is located.

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

(2) To avoid doubt,—

• (a) entering into a heritage covenant does not prevent Heritage New Zealand Pouhere Taonga from exercising any powers under this Act or the Resource Management Act 1991 in relation to the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area to which the covenant relates; and

• (b) a heritage covenant does not permit a person to carry out an action contrary to this Act.

(1) A heritage covenant—

• (a) is an instrument that creates an interest in land within the meaning of section 62 of the Land Transfer Act 1952; and

• (b) may be registered accordingly; and

• (c) when registered under the Land Transfer Act 1952,—

  • (i) runs with the land; and

  • (ii) binds all subsequent owners of the land.

(2) If a heritage covenant applies to land that comprises part of the land in a certificate of title, the Registrar-General of Land may require the deposit of a plan in accordance with section 167 of the Land Transfer Act 1952.

(3) If a provision of a heritage covenant registered under the Land Transfer Act 1952 is varied or cancelled by agreement under section 37(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.

(4) As the case may require, the provisions of the covenant—

• (a) take effect as varied; or

• (b) cease to have effect.

(1) Unless an authority is granted under section 46, 54(1)(b), or 60 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 can ought reasonably be expected to know to have suspected, that the site is an archaeological site.

(2) Subsection (1) applies whether or not an archaeological site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero under Part 4.—

• (a) the New Zealand Heritage List/Rārangi Kōrero under subpart 1 of Part 4; or

• (b) the Landmarks list made under subpart 2 of Part 4.

(3) 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.

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

• (a) was associated with human activity in or after 1900 or is the site of the wreck of any vessel where that wreck occurred in or after 1900; and

• (b) provides, or may be able to provide, through investigation by archaeological methods, significant evidence relating to the historical and cultural heritage of New Zealand.

(2) A declaration under subsection (1) must be made—

• (a) by notice in the Gazette; and

• (b) by public notice.

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

• (a) on to the affected owner (and the occupier, if different from the owner); and

• (ab) to every other person with a registered interest in the site; and

• (b) on to the relevant local authorities; and

• (c) on to the appropriate iwi or hapū.

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

• (a) an application for an authority to undertake an activity that will or may modify or destroy the whole or any part of any archaeological site or sites within a specified area of land, whether or not a site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero or on the Landmarks list:

• (b) an application for an authority to undertake an activity that will or may modify or destroy a recorded archaeological site or sites, if the effects of that activity on the a site or sites will be no more than minor, as assessed in accordance with section 44(5):

• (c) an application for an authority to conduct a scientific investigation of an archaeological site or sites within a specified area of land, whether or not a site is a recorded archaeological site or is entered on the New Zealand Heritage List/Rārangi Kōrero or on the Landmarks list.

(1) 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.

(2) 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—

• (a) has sufficient skill and competency, and is fully capable of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga, and has access to appropriate institutional and professional support and resources; and

• (b) has appropriate access to institutional and professional support and resources.

• (b) in the case of a site of interest to Māori—

  • (i) has the requisite competencies for recognising and respecting Māori values; and

  • (ii) has access to appropriate cultural support.

(3) 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.

(4) Heritage New Zealand Pouhere Taonga must—

• (a) determine an application under subsection (1) or (3) in accordance with this section not later than 10 working days after receiving it; and

• (b) notify the applicant, and any other person directly affected, of the determination as soon as practicable.

(5) Despite subsection (4)(a), if an application for approval under this section is made concurrently with an application under section 42, the determination and notification of both applications must be made within the relevant time period specified in section 48.

(1) Every application for an authority made under section 42 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.

(2) An application must include the following information:

• (a) a legal description of the land adequate to identify or, if one is not available, a description that is sufficient to identify the land to which the application relates; and

• (b) the name of the owner of the relevant land, if the applicant is not the owner of the land; and

• (ba) proof of that consent, if the owner has consented to the proposed activity; and

• (c) a description of each archaeological site to which the application relates and the location of each site; and

• (d) a description of the activity for which the authority is sought; and

• (f) a description of how the proposed activity will modify or destroy each archaeological site; and

• (g) except in the case of an application made under section 42(b), an assessment of—

  • (i) the archaeological, Māori, and other relevant values of the archaeological site in the detail that is appropriate to the scale and significance of the proposed activity and the proposed modification or destruction of the archaeological site; and

  • (ii) the effect of the proposed activity on those values; and

• (h) a statement as to whether consultation with tangata whenua, the owner of the relevant land (if the applicant is not the owner), or any other person likely to be affected—

  • (i) has taken place, with details of the consultation, including the names of the parties and the tenor of the views expressed; or

  • (ii) has not taken place, with the reasons why consultation has not occurred.

(2A) The application may (but need not) include an application required by section 42A.

(3) Before applying under section 42(c) to conduct a scientific investigation of a site of interest to Māori, the applicant must—

• (a) have the consent of the appropriate iwi or hapū; and

• (b) provide evidence of that consent in the information given under subsection (2).

(4) 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)—

• (a) may provide the same information to Heritage New Zealand Pouhere Taonga as that provided for the planning application under the Resource Management Act 1991; but

• (b) must ensure that all of the information required by subsection (2) is also provided.

(1) Not later than 5 working days after receiving an application under section 42, Heritage New Zealand Pouhere Taonga must, if it is satisfied that the application includes all of the information required by section 43, determine,—

• (a) in the case of an application for an authority made under section 42(a) or (c), whether the assessment required by section 43(2)(g) is adequate:

• (b) in the case of an application for an authority made under section 42(b), whether the effects of the proposed activity are, or are likely to be, no more than minor, assessed in accordance with subsection (5).

(2) If Heritage New Zealand Pouhere Taonga is satisfied that the application meets the relevant requirements under subsection (1), it must—

• (a) accept and process the application, including determining under section 42A whether to approve the person nominated to carry out any work in respect of the site; and

• (b) advise the applicant of the latest date by which, in accordance with section 48, notice will be given of the decision on the application; and

• (c) in the case of an application to which subsection (1)(b) applies, ensure that an assessment required by section 43(2)(g) is undertaken by or on behalf of Heritage New Zealand Pouhere Taonga in relation to the archaeological site.

(1) Not later than 5 working days after receiving an application under section 42, Heritage New Zealand Pouhere Taonga must, if it is satisfied that the application includes all of the information required by section 43,—

• (a) determine,—

  • (i) in the case of an application for an authority made under section 42(a) or (c), whether the assessment required by section 43(2)(g) is adequate:

  • (ii) in the case of an application for an authority made under section 42(b), whether the effects of the proposed activity are, or are likely to be, no more than minor, assessed in accordance with subsection (5); and

• (b) if Heritage New Zealand Pouhere Taonga is satisfied that the application meets the relevant requirements under subsection (1), it must—

  • (i) accept the application; and

  • (ii) advise the applicant of the latest date by which, in accordance with section 48, notice will be given of the decision on the application.

(2) In the case of an application to which subsection (1)(a)(ii) applies, ensure that an assessment required by section 43(2)(g) is undertaken by or on behalf of Heritage New Zealand Pouhere Taonga in relation to the archaeological site.

(3) 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,—

• (a) return the application to the applicant, giving written reasons why the application has been returned; and

• (b) advise the applicant by notice of what further information is required before the application is able to be lodged accepted.

(4) 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.

(5) In the case of an application made under section 42(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)(b) (1)(a)(ii) of this section, it must have regard to—

• (a) the significance of the a site or sites in relation to evidence of the historical and cultural heritage of New Zealand; and

• (b) the extent to which the proposed activity will modify or destroy the site or sites.

(1) In determining an application made under section 42, Heritage New Zealand Pouhere Taonga may—

• (a) grant an authority, in whole or in part, subject to any conditions it sees fit, including conditions that may be imposed under section 49; or

• (b) refuse to grant an authority.

(2) Heritage New Zealand Pouhere Taonga must—

• (a) make its determination in accordance with the requirements of sections 47 to 49; and

• (b) advise the relevant local authorities of that determination.

(2) Heritage New Zealand Pouhere Taonga must make its determination in accordance with the requirements of sections 47 to 49.

(1) Before determining an application under section 46, Heritage New Zealand Pouhere Taonga must take the following steps, to the extent that they are relevant to the application being considered:

• (a) it must have regard to any statutory acknowledgement in respect of an archaeological site to which the application relates, as specified in the Act by which the statutory acknowledgement was made; and

• (b) unless the Board has delegated to the Council under section 19 the power to make determinations in relation to sites of interest to Māori, it must refer to the Council any application that relates to a site of interest to Māori for recommendations that the Council thinks appropriate; and

• (c) 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, it must comply with section 89(a) of that Act.

(2) In making a determination, Heritage New Zealand Pouhere Taonga must have regard to the matters set out in section 57(1)(a) (the matters to which the Environment Court must have regard when determining an appeal).

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

(1) Heritage New Zealand Pouhere Taonga must make its determination under section 46 (including for any approval required under section 42A) and give notice of that decisiondetermination not later than—

• (a) 20 working days after the date on which an application is accepted under section 44(2)(1)(b); or

• (b) 30 working days after the date on which an application is accepted under section 44(2)(1)(b), if Heritage New Zealand Pouhere Taonga has decided that it is necessary for it to undertake its own assessment of the Māori values associated with the site to which the application relates; or

• (c) 40 working days after the date on which an application is accepted under section 44(2)(1)(b) in any case where, in the opinion of Heritage New Zealand Pouhere Taonga, the complexity of the matter, as established by the assessment required by section 43(2)(g), requires that additional time.

(2) An application under section 42(b) (including for an approval required under section 42A) must be determined and notice given of the determination not later than 20 working days after it is accepted under section 44(2)(a)(1)(b)(i).

(1) After determining an application under section 46 or 54, Heritage New Zealand Pouhere Taonga must give notice of its decision to—

• (a) the applicant; and

• (b) the owner of the relevant land, if the applicant is not the owner; and

• (c) the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and

• (d) in the case of a site of interest to Māori, the appropriate iwi or hapū; and

• (e) the chief executive or the nearest public museum; and

• (f) any other person with a right of appeal under section 56.

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

(1) An authority granted under section 46 may include any conditions, including conditions that—

• (aa) the consent of the land owner and the holder of any specified registered interest must be obtained before the holder of an authority may enter the relevant site or undertake any activity under that authority; and

• (a) the site must be returned as nearly as possible to its former state (unless otherwise agreed between the owner of the land on which the site is located and Heritage New Zealand Pouhere Taonga); and

• (b) any activity undertaken at the site under the authority must conform to accepted archaeological practice; and

• (c) Heritage New Zealand Pouhere Taonga, or the person approved under section 42A to carry out an activity, must provide a report as soon as practicable after its completion to—

  • (i) the holder of the authority; and

  • (ii) the owner of the archaeological site concerned, if different from the holder; and

  • (iii) Heritage New Zealand Pouhere Taonga, unless Heritage New Zealand Pouhere Taonga prepared the report.

(2) 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.

(1) At any time while an authority that is subject to conditions imposed under section 49 is current,—

• (a) the holder of the authority may apply to Heritage New Zealand Pouhere Taonga for a change to, or cancellation of, any of the conditions imposed on the authority; or

• (b) Heritage New Zealand Pouhere Taonga may initiate a review of the conditions of the authority.

(2) 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,—

• (a) an application is made under subsection (1)(a); or

• (b) Heritage New Zealand Pouhere Taonga gives notice under subsection (6)(a) of its intention to initiate a review.

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

• (a) the details of the authority and the area of land to which it applies; and

• (b) the conditions in respect of which a change or cancellation is sought; and

• (c) the reasons for the application.

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

• (a) determine whether it meets the requirements of subsection (3); and

• (b) give notice to the applicant of that determination and return the application to the applicant, with written reasons, if the application does not meet the requirements.

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

• (a) consider and determine the application as if it were an application for an authority; and

• (b) give notice to the applicant, with written reasons, of its determination.

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

• (a) Heritage New Zealand Pouhere Taonga must give notice to the holder of the authority that it will initiate a review, stating—

  • (i) which conditions are to be reviewed; and

  • (ii) the reasons for the review; and

• (b) the holder may, not later than 20 working days after the date of the notice given under paragraph (a), provide a written submission to Heritage New Zealand Pouhere Taonga on the proposed review of the conditions of the authority; and

• (c) Heritage New Zealand Pouhere Taonga must—

  • (i) consider any submissions received under paragraph (b) before making its determination; and

  • (ii) not later than 20 working days after the last date for providing a submission under that paragraph, determine the review and give notice of its determination to the holder.

(7) Sections 46 and 49 apply to a determination made under subsection (5) or (6), with any necessary modifications.

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

• (a) change or cancel any conditions:

• (b) make no change to the conditions.

(1) Not later than 20 working days after determining an application under section 46 or 54, Heritage New Zealand Pouhere Taonga must give notice of its decision to—

• (a) the applicant; and

• (b) the owner of the relevant land, if the applicant is not the owner; and

• (c) the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and

• (d) in the case of a site of interest to Māori, the appropriate iwi or hapū; and

• (e) the chief executive or the nearest public museum; and

• (f) any other person with a right of appeal under section 56.

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

(1) An authority granted under section 46 or 54 commences when—

• (a) the time for lodging an appeal under section 56 expires and—

  • (i) no appeals have been lodged; or

  • (ii) any appeals have been withdrawn; or

• (b) the Environment Court determines any appeals.

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

• (a) in the authority; or

• (b) by the Environment Court.

(2A) 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.

(3) An authority is current until the earliest of the following:

• (a) the date specified in the authority:

• (b) 5 years from the date the authority commences:

• (c) 10 years from the date of the application, if the owner has not granted consent by that time.

(3) An authority is current—

• (a) for a period not exceeding 35 years, as specified in the authority; or

• (b) if no period is specified, for a period of 5 years from the date that the authority commences, which must not be more than 30 years after the authority is granted.

(4) On the applicable date, the authority expires.

(1) An authority, for the time that it is current,—

• (a) runs with the land to which it applies; and

• (b) is not affected by any change in the ownership of the land or in the lease or licence under which the land is held.

(2) The owner of land over which a current authority applies must, in the case of a before any change of ownership,—

• (a) give notice to Heritage New Zealand Pouhere Taonga of that change; and

• (b) advise the successor in title that an authority applies in relation to the land.

• (b) advise the successor in title—

  • (i) that an authority applies in relation to the land; and

  • (ii) of the conditions of the authority; and

  • (iii) of the terms of any consent of the owner.

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

• (a) carry out an exploratory investigation of any site or locality:

• (b) authorise in writing persons who apply to carry out an exploratory investigation of any site or locality, subject to the conditions it thinks fit.

(2) An application made under subsection (1)(b) need include only the information required by section 43(2)(a) to (d) and (h).

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

• (a) refer to the Council any application that relates to a site of interest to Māori for a recommendation that the Council thinks appropriate (unless there has been a delegation to the Council under section 19); and

• (b) take into account—

  • (i) the nature and purpose of the proposed exploratory investigation; and

  • (ii) whether the person has adequate skills to carry out that investigation; and

  • (iii) whether the person has appropriate access to institutional and professional support and resources.; and

• (c) have regard to any statutory acknowledgement in respect of an archaeological site to which the application relates; and

• (d) comply with section 89(a) of the Marine and Coastal Area (Takutai Moana) Act 2011, if an application 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 that Act.

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

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

• (a) determine whether to consent to or decline the application and give notice of the determination; and

• (b) approve the person who is to carry out the exploratory investigation. and give notice of that approval to—

  • (i) the applicant; and

  • (ii) any other person directly affected.

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

• (a) no investigation may be carried out without the consent of the owner (and of the occupier if different from the owner) of the site or locality that is to be investigated; and

• (b) the site or locality must be returned as nearly as possible to its former state (unless otherwise agreed with the owner (and the occupier, if any) of the land on which the site is located); and

• (c) any activity undertaken at the site must conform to accepted archaeological practice; and

• (d) any other conditions that Heritage New Zealand Pouhere Taonga thinks fit.

(6) Notice of a determination must be given in accordance with section 51 section 48A.

(1) Subsection (2) applies if—

• (a) an activity is being carried out, or there is reason to suspect it is to be carried out, at any site or locality; and

• (b) no authority is held or has been applied for in respect of that site or locality; and

• (c) Heritage New Zealand Pouhere Taonga has reasonable cause to believe suspect that—

  • (i) the site or locality is, or may be, or may include an archaeological site; and

  • (ii) the activity will modify or destroy the site.

(2) Heritage New Zealand Pouhere Taonga may—

• (a) enter the site or locality in accordance with section 13; and

• (b) carry out an exploratory investigation of the site or locality to ascertain whether an authority is required for the activity referred to in subsection (1)(a); and

• (c) if the site or locality proves to be, or to include, an archaeological site, recover the cost of the exploratory investigation from the owner or occupier of the land or the person carrying out the activity without an authority, as the case may be.

(3) 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—

• (a) the activity from continuing; and

• (b) the resumption of the activity until an application has been lodged, and an authority granted, to carry out the activity.

(1) 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.

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

• (a) section 41(1) (a power to make a declaration):

• (b) section 42A (a power to approve a person to carry out an activity under an authority):

• (c) section 46 (a power to determine an application for an authority):

• (d) section 49(2) (a power to require an investigation as a condition of an authority):

• (e) section 50 (a power to review conditions):

• (f) section 52(3)(a) (a power to specify the duration of an authority):

• (g) section 54 (a power to conduct an exploratory investigation of a site or locality):

• (h) section 55 (a power to carry out an exploratory investigation of a site or locality where an activity is being carried out without an authority).

• (h) section 55(2) (a power of entry, a power to carry out an exploratory investigation, and a power to recover the cost of an exploratory investigation).

(3) The notice of appeal must—

• (a) state the reasons for the appeal and the relief sought; and

• (b) state any matters that are prescribed in regulations made under the Resource Management Act 1991 for appeals under section 120 of that Act; and

• (c) not later than 15 working days after notice is given under section 48(1) or 54(6) of the decision being appealed against,—

  • (i) be lodged with the Environment Court; and

  • (ii) be served on Heritage New Zealand Pouhere Taonga; and

• (d) not later than 5 working days after the notice of appeal is lodged with the Environment Court, be served, as relevant, on the applicant and owner (if different from the applicant) to whom the appeal relates.

(4) Subject to this section and section 57, an appeal must be heard and determined by the Environment Court in the manner provided for by or under the Resource Management Act 1991.

(1) In determining an appeal made under section 56, the Environment Court—

• (a) must, in respect of a decision made on an application made under section 42, have regard to any matter it considers appropriate, including—

  • (i) the historical and cultural heritage value of the archaeological site and any other factors justifying the protection of the site:

  • (ii) the purpose and principles of this Act:

  • (iii) the extent to which protection of the archaeological site prevents or restricts the existing or reasonable future use of the site for any lawful purpose:

  • (iv) the interests of any person directly affected by the decision of Heritage New Zealand Pouhere Taonga:

  • (v) a statutory acknowledgement that relates to the archaeological site or sites concerned:

  • (vi) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tūpuna, wāhi tapu, and other taonga; and

• (b) may confirm or reverse the decision appealed against or modify the decision in the manner that the Environment Court thinks fit.

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

(3) 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.

(4) 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.

(5) 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.

(1) 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 national or local emergency is declared under the Civil Defence Emergency Management Act 2002.

(3) Unless otherwise expressly provided for, this subpart applies instead of subpart 2 if an emergency authority is sought and granted within 12 months after a declaration is made under section 72 of the Civil Defence Emergency Management Act 2002 to terminate the emergency, or such further time as is reasonably necessary in the circumstances.

(1) 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 national or local emergency has been declared, it appears that it may be necessary to undertake an activity that will or may modify or destroy that a site or sites.

(2) An application for an emergency authority must—

• (a) be made 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; and

• (b) include the information—

  • (i) required by section 43(2); or

  • (ii) that Heritage New Zealand Pouhere Taonga thinks appropriate in the circumstances.

(3) 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 42A(2).

(4) 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.

(1) Heritage New Zealand Pouhere Taonga may—

• (a) grant an emergency authority in whole or in part, with or without conditions; or

• (b) refuse to grant an emergency authority, giving reasons for doing so.

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

• (a) the purpose of this subpart; and

• (ab) the need to protect public health and safety; and

• (b) to the extent that they are relevant, the matters referred to in section 44(1)(a) and (b); and

• (c) any statutory acknowledgement in respect of an archaeological site to which the application relates, as specified in the Act by which the statutory acknowledgement was made; and

• (d) all of the matters set out in section 57(1)(a) (the matters to which the Environment Court must have regard when determining an appeal).; and

• (e) the views of the owner of the land, to the extent that they can reasonably be ascertained.

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

• (a) Heritage New Zealand Pouhere Taonga must refer the application to the Council (unless there has been a delegation to the Council under section 19); and

• (b) the Council may consult as it thinks appropriate, but must make any recommendations to Heritage New Zealand Pouhere Taonga not later than 3 days after the matter is referred to the Council.

(4) 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.

(5) Heritage New Zealand Pouhere Taonga must determine an application—

• (a) not later than 5 days after the application is received, in the case of an application that relates to a site of interest to Māori; or

• (b) not later than 3 days after the application is received, in any other case.

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

• (a) the applicant; and

• (b) the owner of the relevant land, if the applicant is not the owner; and

• (c) the local authorities that have jurisdiction in the relevant area, except a local authority that is the applicant; and

• (ca) in the case of a site of interest to Māori, the appropriate iwi or hapū; and

• (d) the chief executive.

(7) 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.

(1) 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.

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

• (a) in the case of an archaeological site that is above ground level, not later than 14 days after the date that the emergency authority is issued; and

• (b) for any other archaeological site, within the time specified in the authority.

(3) 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—

• (a) Heritage New Zealand Pouhere Taonga has been notified that the investigation has been completed; and

• (b) one of the following applies:

  • (i) Heritage New Zealand Pouhere Taonga confirms that the emergency authority may be exercised; or

  • (ii) 7 days have elapsed after the date on which notice was given under paragraph (a) and Heritage New Zealand Pouhere Taonga has not notified the applicant that the emergency authority must not be exercised.

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

(1) There is a right of appeal to the Environment Court against a decision of Heritage New Zealand Pouhere Taonga made under section 60 for—

• (a) an applicant whose application under section 59 is declined in whole or in part; and

• (b) the appropriate iwi or hapū, in the case of a matter of culture or tradition associated with a site of interest to Māori.

(2) A notice of appeal must—

• (a) set out the matters required by section 56(3)(a) and (b); and

• (b) be lodged with the Environment Court not later than 14 days after notice of the decision is given under section 60(5)(6); and

• (c) be served as required by section 56(3)(c) and (d), but not later than 3 days after being lodged with the Environment Court.

(3) The provisions of section 57 apply, with the necessary modifications, to an appeal under this section.

(1) 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.

(2) 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.

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

• (a) to inform members of the public about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas:

• (b) to notify the owners of historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas, as needed, for the purposes of this Act:

• (c) to be a source of information about historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas for the purposes of the Resource Management Act 1991.

(4) The New Zealand Heritage List/Rārangi Kōrero must—

• (a) separately identify historic places as—

  • (i) Category 1: places of special or outstanding historical or cultural heritage significance or value; or

  • (ii) Category 2: places of historical or cultural heritage significance or value; and

• (b) separately identify historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas.

(5) 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.

(6) 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—

• (a) situated in or on that place; and

• (b) considered by Heritage New Zealand Pouhere Taonga to contribute to the significance of that place; and

• (c) proposed by Heritage New Zealand Pouhere Taonga for inclusion on the New Zealand Heritage List/Rārangi Kōrero.

(1) 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.

(2) 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 63(4)(a)).

(3) 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:

• (a) the extent to which the place reflects important or representative aspects of New Zealand history:

• (b) the association of the place with events, persons, or ideas of importance in New Zealand history:

• (c) the potential of the place to provide knowledge of New Zealand history:

• (d) the importance of the place to tangata whenua:

• (e) the community association with, or public esteem for, the place:

• (f) the potential of the place for public education:

• (g) the technical accomplishment, value, or design of the place:

• (h) the symbolic or commemorative value of the place:

• (i) the importance of identifying historic places known to date from an early period of New Zealand settlement:

• (j) the importance of identifying rare types of historic places:

• (k) the extent to which the place forms part of a wider historical and cultural area.

(4) 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 (2) (3).

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

• (a) has strong traditional associations with 1 or more ancestors significant to an iwi or a hapū; and

• (b) is integral to the identity or cultural well-being of the iwi or hapū; and

• (c) is a distinct and cohesive place or area.

(6) 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 (2) or (4), as the case requires. subsection (3) or (5) or in regulations made under subsection (4).

(1) 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.

(2) An application—

• (a) must include a legal description or, if one is not available, must describe the historic place or historic area to which the application relates sufficiently to identify it; and

• (b) in the case of an application relating to a historic place, may state a proposed category.

(3) Heritage New Zealand Pouhere Taonga must decline an application if, after having regard to the matters it is required to consider under section 64, it considers that the application lacks sufficient merit.

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

• (a) publicly notifying the application; and

• (b) giving notice of the application to—

  • (i) every person that—

    • (A) is an owner of the historic place, historic area, or part of the place or area; or

    • (B) has a registered interest in the historic place, historic area, or part of the place or area; and

  • (ii) the local authorities that have jurisdiction in the relevant area.

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

• (a) does not know the person, or cannot identify the person from publicly available records; or

• (b) does not know the person's contact details and cannot identify them from publicly available records.

(6) 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.

(7) 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.

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

• (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

• (b) the court must record the effect of the application on the court record.

(9) 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.

(1) 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.

(2) An application must—

• (a) include a legal description or, if one is not available, describe the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located sufficiently to identify it; and

• (b) for a wāhi tūpuna or wāhi tapu, specify the general nature of the wāhi tūpuna or wāhi tapu; and

• (c) for a wāhi tapu area, specify the general nature of the wāhi tapu included in the area.

(3) The Council must decline an application—

• (a) if it considers, in the case of a wāhi tapu tūpuna, that it lacks sufficient merit, having regard to the criteria set out in section 64(4)(5), for an application relating to a wāhi tūpuna; or

• (b) in the case of a wāhi tapu or wāhi tapu area, if it is not satisfied that the place or area is a wāhi tapu or wāhi tapu area within the meaning of this Act or that the place or area contains wāhi tapu.

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

• (a) publicly notifying the application; and

• (b) giving notice of the application to—

  • (i) every person that—

    • (A) is the owner of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; or

    • (B) has a registered interest in the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area or part of the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located; and

  • (ii) the appropriate iwi or hapū; and

  • (iii) the local authorities that have jurisdiction in the relevant area.

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

• (a) does not know the person, or cannot identify the person from publicly available records; or

• (b) does not know the person's contact details and cannot identify them from publicly available records.

(6) 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.

(7) 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.

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

• (a) the Council must give notice of the application to the appropriate Registrar of the Māori Land Court; and

• (b) the court must record the effect of the application on the court record.

(9) 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.

(1) Any person may make a written submission on an application publicly notified under section 65(4) or 66(4), including any of the following:

• (a) the owner of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

• (b) an occupier of the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

• (c) a person with a registered interest in the whole or a part of the historic place or historic area, or of the land on which the wāhi tūpuna, wāhi tapu, or wāhi tapu area is located:

• (d) any body corporate engaged in, or having as one of its objects, the protection of New Zealand's historical and cultural heritage:

• (e) the appropriate iwi or hapū:

• (f) the local authorities that have jurisdiction in the relevant area.

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

• (a) 20 working days after the public notification of the application; or

• (b) any longer period specified by Heritage New Zealand Pouhere Taonga or the Council in a particular case, but not longer than 40 working days after the public notification.

(3) 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.

(4) 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.

(5) Before making a decision under this section,—

• (a) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must take all submissions into account; and

• (b) for an application relating to a historic place, Heritage New Zealand Pouhere Taonga may—

  • (i) reconsider the category proposed for the place concerned; and

  • (ii) if it considers it appropriate to do so, alter the category proposed for the historic place.

(1) 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 65 or 66.

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

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

(1) Before making an appointment under section 68, 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.

(2) An assessor is not liable for advice or recommendations given in good faith under section 68.

Despite sections 65(4) and 66(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—

• (a) Heritage New Zealand Pouhere Taonga or the Council, as appropriate, receives an application under section 65 or 66; and

• (b) all of the persons who have the right to be notified under section 65(4)(b)(i) or 66(4)(b)(i) and (ii) have given their written approval to the proposal in the application.

(1) As soon as is reasonably practicable after making a decision under section 67 or receiving written approval under section 73(b), Heritage New Zealand Pouhere Taonga or the Council, as appropriate, must—

• (a) publicly notify the entry of a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero; and

• (b) notify the entry to the persons with a right to be notified under section 65(4)(b) or 66(4)(b), specifying the date when the entry takes effect (which must not be earlier than the date that is 10 working days after the date of the notice); and

• (c) notify the Māori Land Court if the entry on the New Zealand Heritage List/Rārangi Kōrero relates to Māori land; and

• (d) notify the holders of any customary marine title or protected customary right applying in the same location that a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area has been entered on the New Zealand Heritage List/Rārangi Kōrero.

(2) 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).

(1) 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.

(2) 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.

(3) 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.

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

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

• (a) is advised by a local authority that it has received an application for a resource consent in respect of a wāhi tapu area entered on the New Zealand Heritage List/Rārangi Kōrero; or

• (b) is considering an application affecting a wāhi tapu area that is made under—

  • (i) section 42 (applications for authorities); or

  • (ii) section 54(1)(b) (applications for authorities to carry out exploratory investigations); or

• (c) proposes to take any action in respect of a wāhi tapu area.

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

• (a) refer the matter to the Council; and

• (b) consult, as the case may require,—

  • (i) the local authorities that have jurisdiction in the relevant area:

  • (ii) the applicant for the resource consent:

  • (iii) the person who applied under section 66(1) for the wāhi tapu area to be entered on the New Zealand Heritage List/Rārangi Kōrero:

  • (iv) the appropriate iwi or hapū.

(3) 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.

(1) Heritage New Zealand Pouhere Taonga must maintain, and supply—

• (a) to the appropriate local authorities, a list of—

  • (i) the historic places, historic areas, wāhi tūpuna, wāhi tapu, and wāhi tapu areas entered on the New Zealand Heritage List/Rārangi Kōrero that are located in the area of jurisdiction of each local authority; and

  • (ii) the heritage covenants that have effect in the area of jurisdiction of each local authority; and

• (b) to the appropriate territorial authorities, the details about the places or areas entered on the New Zealand Heritage List/Rārangi Kōrero or the heritage covenants for inclusion in—

  • (i) any land information memoranda issued by the territorial authority under section 44A of the Local Government Official Information and Meetings Act 1987; and

  • (ii) any project information memoranda issued by the territorial authority under section 34 of the Building Act 2004.

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

(3) Subsection (4) applies if a notice is given to a territorial authority under section 65(4)(b)(ii), 66(4)(b)(iii), 74(1)(b), 80(9), or 81(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.

(4) 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—

• (a) on the Internet site of Heritage New Zealand Pouhere Taonga; and

• (b) during usual business hours, at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at its regional offices.

(1) 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.

(2) Any person may apply to—

• (a) Heritage New Zealand Pouhere Taonga for a review of the entry of a historic place or historic area on the New Zealand Heritage List/Rārangi Kōrero:

• (b) the Council for a review of the entry of a wāhi tūpuna, wāhi tapu, or wāhi tapu area on the New Zealand Heritage List/Rārangi Kōrero.

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

• (a) 3 years after the date when the entry was made on the New Zealand Heritage List/Rārangi Kōrero:

• (b) 3 years after the date of the last review of that entry.

(4) 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—

• (a) the application does not disclose sufficient grounds to justify a review; or

• (b) the substance of the application or part of it has been considered by Heritage New Zealand Pouhere Taonga or the Council within the preceding 3 years.

(5) 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.

(6) 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.

(7) 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.

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

• (a) vary the entry on the New Zealand Heritage List/Rārangi Kōrero; or

• (b) remove the entry from the New Zealand Heritage List/Rārangi Kōrero; or

• (c) confirm the entry; or

• (d) in the case of a historic place, change or confirm the category assigned to the historic place.

(9) 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,—

• (a) may, after making any inquiries that it sees fit, remove the entry of that historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area from the New Zealand Heritage List/Rārangi Kōrero; and

• (b) must, as soon as practicable after removing that entry, give notice of its removal in writing to the local authorities that have jurisdiction in the relevant area.

In this subpart, place—

• (a) means a historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area that is entered on the New Zealand Heritage List/Rārangi Kōrero; and

• (b) may include an area that includes 1 or more such places.

(1) 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.

(2) The purpose of the Landmarks list is to promote—

• (a) an appreciation of the places of greatest heritage value to the people of New Zealand; and

• (b) the conservation of such places, including their protection from natural disasters, to the greatest extent practicable.

(3) 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) the outstanding historical significance of the place in relation to people, events, and or ideas of the past; or:

• (b) the outstanding physical significance of the place in relation to its archaeological, architectural, design, and or technological qualities; or:

• (c) the outstanding cultural significance of the place to tangata whenua and or other communities in relation to its social, spiritual, traditional, or ancestral associations.

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

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

(6) 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.

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

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

• (a) Heritage New Zealand Pouhere Taonga must recommend to the Minister, after consultation with the Council where that is appropriate, that a place—

  • (i) is of outstanding national heritage value; and

  • (ii) ought to be included on the Landmarks list; and

• (b) the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.

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

• (a) invite public submissions on a proposal to include a specified place on the Landmarks list; and

• (b) have regard to any submissions received.

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

• (a) the place is subject to appropriate legal protection; and

• (b) the owner and every person with a registered interest in the place have given consent to the inclusion of the place on the Landmarks list; and

• (c) the owner has prepared an appropriate risk management plan approved for the purpose by Heritage New Zealand Pouhere Taonga.

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

• (a) how the effects on the place of natural disasters are to be mitigated; and

• (b) that the place will be managed to the highest practicable standard of care.

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

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

• (a) add a place to the Landmarks list:

• (b) remove a place from the Landmarks list:

• (c) modify the extent of a place that is on the Landmarks list:

• (d) make no change to the Landmarks list.

(2) Before the Minister may conduct a review,—

• (a) Heritage New Zealand Pouhere Taonga must provide a recommendation to the Minister for the purpose of a review under subsection (1); and

• (b) the Minister must consult the Minister of Māori Affairs and any other Minister that the Minister considers appropriate.

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

• (a) invite public submissions on the review proposal; and

• (b) have regard to any submissions received.

(4) 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.

(1) 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.

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

• (a) conduct and complete the review; and

• (b) provide a recommendation to the Minister.

(3) 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.

(4) After considering the recommendation given under subsection (2)(b), the Minister may reject the application in whole or in part, but only if the application does not state sufficient grounds to justify a review.

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

(1) 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,—

• (a) modifies or destroys a historic place, historic area, property, or thing that is vested in Heritage New Zealand Pouhere Taonga and managed by it; or

• (b) causes the place, area, property, thing, or associated land to be modified or destroyed.

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

• (a) in the case of an action that amounts to destruction,—

  • (i) $150,000 in the case of a natural person:

  • (ii) $300,000 in the case of a person other than a natural person; and

• (b) in the case of an action that amounts to modification,—

  • (i) $60,000 in the case of a natural person:

  • (ii) $120,000, in the case of a person other than a natural person.

(1) 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—

• (a) knows, or can ought reasonably be expected to know to have suspected, that the place, area, wāhi tūpuna, wāhi tapu, or wāhi tapu area is protected by a heritage covenant; and

• (b) breaches the terms of the heritage covenant; and

• (c) intentionally modifies or destroys the historic place, historic area, wāhi tūpuna, wāhi tapu, or wāhi tapu area or intentionally causes it to be modified or destroyed.

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

• (a) in the case of an action that amounts to destruction,—

  • (i) $150,000 in the case of a natural person:

  • (ii) $300,000 in the case of a person other than a natural person; and

• (b) in the case of an action that amounts to modification,—

  • (i) $60,000 in the case of a natural person:

  • (ii) $120,000 in the case of a person other than a natural person.

(1) Every person commits an offence in respect of an archaeological site 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,—

• (a) knows, or can ought reasonably be expected to know to have suspected, that the site is an archaeological site; and

• (b) modifies or destroys the archaeological site or causes it to be modified or destroyed.

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

• (a) in the case of an action that amounts to destruction,—

  • (i) $150,000 in the case of a natural person:

  • (ii) $300,000 in the case of a person other than a natural person; and

• (b) in the case of an action that amounts to modification,—

  • (i) $60,000 in the case of a natural person:

  • (ii) $120,000 in the case of a person other than a natural person.

(1) Every person commits an offence who contravenes or fails to comply with any condition imposed by or under section 46(1)(a), 49, 54(1), or 60(1)(a).

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

• (a) $60,000 in the case of a natural person:

• (b) $120,000 in the case of a person other than a natural person.

(1) Every person commits an offence who—

• (a) refuses to let a person authorised by or under section 13 have access to an archaeological site or a historic place for a purpose referred to in that section; or

• (b) obstructs any person who is—

  • (i) exercising any power referred to in section 13(3); or

  • (ii) carrying out an investigation in relation to a condition imposed under section 49(2); or

  • (iii) carrying out an investigation under section 54 or 55.

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

• (a) $3,750 in the case of a natural person:

• (b) $7,500 in the case of a person other than a natural person.

(1) 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,—

• (a) enters land or a historic place when he or she knows, or can ought reasonably be expected to know to have suspected, that the land or historic place is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

• (b) takes any animal or vehicle onto land when he or she knows, or can ought reasonably be expected to know to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

• (c) lights a fire on land when he or she knows, or can ought reasonably be expected to know to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

• (d) lights a fire or causes or permits a fire to be lit on any land (other than land vested in, or under the control of, Heritage New Zealand Pouhere Taonga),—

  • (i) when he or she knows, or can ought reasonably be expected to know to have suspected, that the fire is likely to spread into property vested in or under the control of Heritage New Zealand Pouhere Taonga; and

  • (ii) the fire spreads into and damages or destroys that property; or

• (e) unlawfully alters, obliterates, defaces, pulls up, removes, or destroys any boundary mark, plaque, sign, or poster on any land when he or she knows, or can ought reasonably be expected to know to have suspected, that the land is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

• (f) takes or removes, or causes to be taken or removed, any property or thing from any land or building vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or can ought reasonably be expected to know to have suspected, that the land or building is vested in, or is under the control of, Heritage New Zealand Pouhere Taonga; or

• (g) receives any property or thing vested in, or under the control of, Heritage New Zealand Pouhere Taonga when he or she knows, or can ought reasonably be expected to know to have suspected, that the property or thing has been removed unlawfully from land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga; or

• (h) alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by Heritage New Zealand Pouhere Taonga on any land or building (other than land or a building vested in, or under the control of, Heritage New Zealand Pouhere Taonga), without first obtaining the consent of the owner of the land or building.

(1A) Every person who fails to comply with the requirements of section 53(2) commits an offence.

(1B) Every person who contravenes, or permits a contravention of, an order made under section 90 commits an offence.

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

• (a) $3,750 in the case of a natural person:

• (b) $7,500 in the case of a person other than a natural person.

(1) 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.

(2) 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.

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

• (a) the defendant proves,—

  • (i) in the case of a natural person (including a partner in a firm),—

    • (A) that he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or

    • (B) that he or she took all reasonable steps to prevent the commission of the offence; or

  • (ii) in the case of a person other than a natural person,—

    • (A) that neither the directors (if any) nor any person involved in the management of the defendant knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or

    • (B) that the defendant took all reasonable steps to prevent the commission of the offence; and

• (b) the defendant proves that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

(4) 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—

• (a) that the act or omission constituting the offence took place with his or her authority, permission, or consent; and

• (b) that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

(1) The District Court may, on an application by Heritage New Zealand Pouhere Taonga, grant an injunction to restrain a person from taking any action or omitting to act if that action or omission would be likely to be an offence or a breach of a duty or obligation under this Act.

(2) An injunction may be granted—

• (a) despite anything in any other enactment; and

• (b) whether or not proceedings in relation to the breach or offence have been commenced; and

• (c) if a person is convicted of the breach or offence,—

  • (i) in substitution for, or in addition to, any other penalty; or

  • (ii) in subsequent proceedings.

(1) 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—

• (a) if that action or omission would be likely to be an offence or a breach of a duty or obligation under this Act; and

• (b) either—

  • (i) that person has threatened to commit, or is already committing, the offence or breach; or

  • (ii) Heritage New Zealand Pouhere Taonga has reasonable cause to believe that such an offence or breach is likely to occur.

(2) 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 91.

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

• (a) make an order; or

• (b) refuse the application.

(4) An order may be granted under this section—

• (a) on the terms and conditions that the Environment Court thinks fit; and

• (b) despite anything in any enactment other than Part 12 of the Resource Management Act 1991; and

• (c) whether or not proceedings in relation to the breach or offence have been commenced; and

• (d) even if a person is convicted of the breach or offence,—

  • (i) in substitution for, or in addition to, any other penalty; or

  • (ii) in subsequent proceedings.

(5) 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.

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

• (a) an application for an order made under subsection (1) is determined under this section; or

• (b) the interim order is changed, cancelled, or confirmed by an Environment Judge as if section 320(5) of the Resource Management Act 1991 applied; or

• (c) the interim order is cancelled by the Environment Court as if section 321 of the Resource Management Act 1991 applied.

(7) 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.

(1) Proceedings under sections 82 to 89 (which relate to offences) must be heard—

• (a) in the District Court; and

• (b) except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.

(2) Proceedings under section 90 (other than those under section 90(6)) must be heard by an Environment Judge sitting alone or by the Environment Court.

(3) Proceedings under section 90(6) (which relates to interim orders) must be heard by an Environment Judge sitting alone.

(1) In a prosecution for an offence against section 84 or 85, it is not necessary to prove that the defendant intended to commit the offence.

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

• (a) the defendant proves that—

  • (i) the action or event was necessary for the purposes of saving or protecting life or preventing serious damage to property or any historic place, wāhi tūpuna, or wāhi tapu; and

  • (ii) the conduct of the defendant was reasonable in the circumstances; and

  • (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or

• (b) the action or event to which the prosecution relates was because of an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—

  • (i) the action or event could not reasonably have been foreseen or been provided against by the defendant; and

  • (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

(3) 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—

• (a) stating that he or she intends to rely on subsection (2); and

• (b) specifying the facts that support his or her reliance on that subsection.

(1) If a person is found offending against this Act, an individual referred to in subsection (1A) may require the person offending to stop offending immediately and give his or her name and address.