Heritage New Zealand Pouhere Taonga Bill

Government Bill

Explanatory note

General policy statement This Bill replaces the Historic Places Act 1993 (the 1993 Act), which established the New Zealand Historic Places Trust (Pouhere Taonga) (the Trust) in its current form. The Bill resolves tensions in the Trust’s governance structure, and better equips the organisation to fulfil its statutory functions. Overall, the Bill re-balances heritage values against values associated with private ownership and clarifies the provisions of the 1993 Act. New archaeological provisions in the Bill will achieve effi- ciency gains, reduce some costs, and improve alignment with the Resource Management Act 1991. Emergency provisions are introduced to future-proof archaeological consenting in the event of natural disasters. Other changes have been made to improve the Act’s workability in line with modern drafting practice.

Governance The Bill continues the Trust, but changes its name to Heritage New Zealand Pouhere Taonga (Heritage NZ). This new name removes

327—1 2 Heritage New Zealand Pouhere Taonga Bill Explanatory note any confusion as to the organisation’s legal status as a Crown entity (and not a trust). This Bill reforms Heritage NZ’s governance and structure. As currently established under the 1993 Act, the Trust has a board, the Māori Heritage Council, and branch committees comprising fee-paying members. The combination of statutory responsibilities, active branch committees, and elected board members sets up tensions within the Trust that compromise its ability to perform its statutory functions. To resolve these tensions, the Bill disestablishes the branch committees, removes 3 positions for elected board members, and creates 2 new positions for board members appointed by the responsible Minister. The Bill continues the Māori Heritage Council.

Archaeological authority processes The Bill simplifies and streamlines the archaeological authority (consent) processes established under the 1993 Act. The Bill combines the 2 existing archaeological authority processes to form a single process for consenting in situations where archaeological sites may be harmed. It reduces the maximum time frames for Heritage New Zealand Pouhere Taonga to process applications for authorities and aligns them with relevant time frames for resource consents under the Resource Management Act 1991. It also introduces a simplified application process for proposals that have a minor effect only on archaeology, reducing requirements on applicants. The Bill requires Heritage New Zealand Pouhere Taonga to refer all applications for archaeological authorities that affect sites of interest to Māori to the Māori Heritage Council. It also requires Heritage New Zealand Pouhere Taonga to consult on and publish its policy for administering the archaeological consenting processes.

Emergency authorities The Bill establishes a separate emergency authority process that applies in the event of natural disasters that cause, or are likely to cause, loss of life, injury, or serious damage to property. This process will give Heritage NZ the ability to process archaeological authorities more speedily following a state of emergency. The time frames are shorter, reflecting the emergency context, and are not limited to work- Explanatory note Heritage New Zealand Pouhere Taonga Bill 3 ing days; weekends and public holidays must be included in the cal- culation of times.

Other changes The Bill ensures Heritage NZ and the Māori Heritage Council can reject vexatious applications for registration of historical and cultural heritage sites that do not meet statutory criteria or definitions. It includes a Treaty of Waitangi clause that reflects current drafting practice. It also increases the maximum level for monetary penalties to reflect the increase in fines available since 2009 under the Resource Management Act 1991. Through consequential amendments, the Bill standardises the way Treaty of Waitangi settlement legislation refers to the Act, ensuring a consistent approach to requirements for Heritage NZ to have regard to the interests of relevant iwi.

Regulatory impact statement The Ministry of Culture and Heritage produced a regulatory impact statement on 25 May 2010 and a further one on 28 June 2011, to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— • http://www.mch.govt.nz/what-we-do/our-projects/current/review-historic-places-act-1993 • http://www.treasury.govt.nz/publications/informationre- leases/ris

Clause by clause analysis Clause 1 is the Title clause. Clause 2 is the commencement clause, providing for commencement on 1 July 2012.

Part 1 Preliminary provisions Clause 3 states the purpose of the Bill. Clause 4 sets out the principles applicable to all persons performing functions and exercising powers under the Bill. 4 Heritage New Zealand Pouhere Taonga Bill Explanatory note

Clause 5 states what the Act does. Clause 6 is the interpretation clause, setting out key definitions, including archaeological site, authority, emergency authority, exploratory investigation, harm, historic place, scientific investigation, wāhi tapu, and wāhi tapu area. Clause 7 is the Treaty of Waitangi clause. Clause 8 provides that the Crown is bound by the Act.

Part 2 Heritage New Zealand Pouhere Taonga and Māori Heritage Council Subpart 1 (clauses 9 to 22) establishes Heritage NZ as the same body corporate as the New Zealand Historic Places Trust (Pouhere Taonga), with a board as the governing body, and providing for the membership of the board, for the appointment of its members, and for its functions and powers. Those powers include the right of certain persons to enter onto land in specified circumstances and to act as a heritage protection authority under Part 8 of the Resource Man- agement Act 1991. The policy responsibilities of Heritage NZ and procedural requirements are specified, as well as the powers of the board to delegate matters to the Māori Heritage Council (the Coun- cil) and to make rules relevant to its procedures or carrying out its functions and exercising its powers. Protection is given to certain names, and provision is made to continue the taxation exemption for the entity. Subpart 2 (clauses 23 to 36) provides for the continuation of the Council, for its functions and powers, and for its governance and procedural arrangements. Although the Council is not a Crown entity, certain provisions of the Crown Entities Act 2004 apply to the Coun- cil, in order to provide appropriately for the immunity and indemnity of its members, and for matters relevant to conflict of interest and disclosure. Explanatory note Heritage New Zealand Pouhere Taonga Bill 5

Part 3 Protection of places and areas of historic and cultural value Subpart 1 (clauses 37 to 39) empowers Heritage NZ to enter into heritage covenants with owners, lessees, or licensees of historic places or areas, wāhi tapu, or wāhi tapu areas. It sets out the effect of a heritage covenant, and requires the Registrar-General of Land to register a heritage covenant under the Land Transfer Act 1952. Subpart 2 (clauses 40 to 57) provides for the protection of archaeological sites by prohibiting any activity that will or may harm an archaeological site unless an authority to do so has been issued. It sets out how to apply to Heritage NZ for an authority, how applications must be dealt with, the decision-making requirements (including the time within which a decision must be made), the conditions that may be imposed if an authority is granted, the power to review conditions, how an authority is to be implemented, and the effect of an authority and its legal status in relation to the land to which it applies. Clause 54 provides for authorities to be granted to enable an exploratory investigation of a site or locality to determine whether the site is an archaeological site. Clause 55 provides the powers for Heritage NZ to take action in a case where no authority is held for an activity at a site it believes is an archaeological site. Clauses 56 and 57 set out the appeal provisions applying to Part 3 matters. Subpart 3 (clauses 58 to 62) makes special provision for dealing with emergency situations, with the relaxation of some conditions, shorter time frames being prescribed, and more limited appeal rights (clause 62). Decision makers are required to take into account the purpose set out in clause 58 when determining an application for an emergency authority.

Part 4 Registration of historic place, historic area, wāhi tapu, and wāhi tapu area This Part (clauses 63 to 81) contains detailed provisions for the Register that must be kept by Heritage NZ and for its maintenance 6 Heritage New Zealand Pouhere Taonga Bill Explanatory note and review. The Part also provides for the registration by Heritage NZ of historic places, historic areas, wāhi tapu, and wāhi tapu areas and for the involvement of the Council in the registration of wāhi tapu and wāhi tapu areas. This Part also provides for interim registration where the evidence warrants that course. The effect of registration is that local authorities must have particular regard to any recommendations made by Heritage NZ or the Māori Heritage Council, as the case may be, to assist in the conservation and protection of a registered historic area or wāhi tapu area (clause 75). Records must be supplied to the territorial authority of all registered historic places and areas, wāhi tapu, and wāhi tapu areas, as well as heritage covenants, within the area of a territorial authority (clauses 77 and 78) and the Register must be available for public inspection (clause 79). Registration may be reviewed, varied, and removed in accordance with clauses 80 and 81.

Part 5 Offences and penalties, transitional provisions, and miscellaneous matters Subpart 1 (clauses 82 to 94) carries forward the offences and penalties that apply in the event of a breach of the Bill. The offences include intentional harm, breaches of conditions, and denial of access for authorised persons to enter archaeological sites or historic places or to carry out certain investigations, and carrying out investigations unlawfully. Certain offences are designated as strict liability offences, subject to the specified defences. Information may be laid in respect of offences at any time within 12 months of the time of the alleged offence. Subpart 2 (clauses 95 to 106) sets out miscellaneous matters relating to land and assets held by Heritage NZ, the regulation-making powers applying under the Bill, the termination of office of members of the New Zealand Historic Places Trust, the dissolution of branch committees, and various savings and transitional matters. The His- toric Places Act 1993 is repealed and the regulations made under it are revoked. Consequential amendments are set out in the Schedule. Hon Christopher Finlayson Heritage New Zealand Pouhere Taonga Bill

Government Bill

Contents Page 1 Title 5 2 Commencement 6 Part 1 Preliminary provisions 3 Purpose 6 4 Principles 6 5 What this Act does 6 6 Interpretation 7 7 Treaty of Waitangi (Te Tiriti o Waitangi) 11 8 Act binds the Crown 12 Part 2 Heritage New Zealand Pouhere Taonga and Māori Heritage Council Subpart 1—Heritage New Zealand Pouhere Taonga Establishment of governance body 9 Heritage New Zealand Pouhere Taonga 12 10 Governing body of Heritage New Zealand Pouhere 13 Taonga Functions and powers 11 Functions of Heritage New Zealand Pouhere Taonga 13 12 Powers of Heritage New Zealand Pouhere Taonga 14 13 Rights of entry onto land 16

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General policy requirements 14 General policy for historic places and archaeological sites 17 15 Procedures for adopting policy statements 18 16 Conservation plans 19 Procedural matters for Heritage New Zealand Pouhere Taonga 17 Meetings of board 20 18 Delegations 20 19 Delegations to Māori Heritage Council 21 20 Rules 21 Names protected 21 Protection of names 22 Taxation 22 Exemption from taxation 22 Subpart 2—Māori Heritage Council 23 Māori Heritage Council continued 22 Functions and powers 24 Functions of Māori Heritage Council 23 25 Powers of Māori Heritage Council 24 Governance provisions 26 Deputy chairperson of Council 25 27 Resignation or removal from office 25 28 Leave of absence 26 29 Co-opted members 26 30 Extraordinary vacancies 26 31 Powers of Council not affected by vacancies 26 32 Meetings of Council 27 33 Chairperson of board entitled to attend meetings of 28 Council 34 Proceedings not affected by certain irregularities 28 35 Application of Crown Entities Act 2004 to Council 28 36 Fees and travelling allowances in respect of Council 29 Part 3 Protection of places and areas of historic and cultural value Subpart 1—Heritage covenants 37 Heritage covenants 29 38 Effect of heritage covenant 30

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39 Registrar-General of Land must register instruments 30 Subpart 2—Archaeological sites 40 Application of this subpart 31 When authority required 41 Archaeological sites not to be harmed 32 Applications for authorities 42 Applications 32 43 Information that must be provided with application for 32 authority 44 Processing of applications for authorities 34 45 Approval of persons to carry out activity 35 Determination of applications for authorities 46 Determination 36 47 Factors relevant to determination 36 48 Time within which applications to be determined 37 Conditions 49 Imposition of conditions on authorities 37 50 Review of conditions of authority 38 51 Notification of grant of authorities 40 Consequences of grant of authority 52 Commencement and duration of authorities 40 53 Effect of grant of authority by Heritage New Zealand 41 Pouhere Taonga Other powers of Heritage New Zealand Pouhere Taonga 54 Exploratory investigation of site or locality 41 55 Powers of Heritage New Zealand Pouhere Taonga if no 42 authority held for activity Appeal provisions 56 Rights of appeal 43 57 Decision on appeal 44 Subpart 3—Emergency authorities 58 Purpose and application of subpart 45 59 Application for emergency authority 46 60 Determination of applications 46 61 Condition requiring scientific investigation 48 62 Appeal rights 49

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Part 4 Registration of historic place, historic area, wāhi tapu, and wāhi tapu area 63 Register 49 64 Criteria for registration of historic places and historic 50 areas 65 Applications to register historic places 51 66 Applications to register wāhi tapu 52 67 Procedure to determine applications to register historic 53 place or wāhi tapu 68 Interim registration 54 69 Duration and effect of interim registration 55 70 Applications to register historic areas 56 71 Applications to register wāhi tapu areas 57 72 Procedure to determine applications to register historic 58 area or wāhi tapu area 73 Registration may be confirmed by agreement 59 74 When registration takes effect 59 75 Local authorities must have regard to recommendations 59 76 Applications affecting registered wāhi tapu areas 60 77 Records to be supplied to territorial authorities 61 78 Notification to territorial authorities 61 79 Availability of Register 62 80 Review, variation, or removal of registration 62 81 Removal of registration in cases of destruction or 63 demolition Part 5 Offences and penalties, transitional provisions, and miscellaneous matters Subpart 1—Offences and penalties 82 Offence of intentional harm to property of Heritage New 64 Zealand Pouhere Taonga 83 Offence of harming land subject to heritage covenant 64 84 Offence of harming archaeological site 65 85 Offence of breaching conditions of authority 65 86 Offence of refusing access, etc 66 87 Offence of carrying out investigation in breach of 66 conditions or without written permission 88 Offence of harming historic place or wāhi tapu that has 67 interim registration 89 Other offences 67

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Remedies 90 Injunctions to restrain commission of offences 69 91 Environment Court may stay exercise of rights 69 92 Strict liability and defences 71 93 Offender to give name and address 72 94 Time within which information may be laid 73 Subpart 2—Miscellaneous matters Transfer of land, or contributions, to Heritage New Zealand Pouhere Taonga 95 Contributions to funds of Heritage New Zealand Pouhere 73 Taonga 96 Local authorities may transfer land to Heritage New 73 Zealand Pouhere Taonga Regulations 97 Regulations 74 Savings and transitional provisions 98 References to Trust 74 99 Expiry of term of office 75 100 Branch committees dissolved 75 101 General transitional provision 76 102 Continuation of proceedings 76 Notices 103 Giving of notices 76 Repeal, revocation, and consequential amendments 104 Repeal 77 105 Revocation 77 106 Consequential amendments 77 Schedule 78 Enactments consequentially amended

The Parliament of New Zealand enacts as follows:

1 Title This Act is the Heritage New Zealand Pouhere Taonga Act 2011.

5 cl 2 Heritage New Zealand Pouhere Taonga Bill

2 Commencement This Act comes into force on 1 July 2012.

Part 1 Preliminary provisions 3 Purpose 5 The purpose of this Act is to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand.

4 Principles All persons performing functions and exercising powers under 10 this Act must recognise— (a) the principle that historic places have lasting value in their own right and provide evidence of the origins of New Zealand’s distinct society; and (b) the principle that the identification, protection, preser- 15 vation, and conservation of New Zealand’s historical and cultural heritage should— (i) take account of all relevant cultural values, knowledge, and disciplines; and (ii) take account of material of cultural heritage value 20 and involve the least possible alteration or loss of it; and (iii) safeguard the options of present and future gen- erations; and (iv) be fully researched, documented, and recorded, 25 where culturally appropriate; and (c) the principle that there is value in local authorities, cor- porations, societies, and individuals working collabo- ratively in respect to New Zealand’s historical and cultural heritage; and 30 (d) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga.

5 What this Act does This Act— 35

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(a) repeals the Historic Places Act 1993; and (b) continues the body known as the New Zealand Historic Places Trust (Pouhere Taonga) under the name Heritage New Zealand Pouhere Taonga; and (c) continues the Māori Heritage Council; and 5 (d) consolidates the provisions under the Historic Places Act 1993 relating to the protection of historic places (excluding archaeological sites), the registration of historic places, historic areas, wāhi tapu, and wāhi tapu areas, and offences; and 10 (e) introduces new provisions for the granting of archaeological authorities.

6 Interpretation In this Act, unless the context otherwise requires,— archaeological site— 15 (a) means any place in New Zealand, including any building or structure (or part of a building or structure), that— (i) was associated with human activity that occurred before 1900 or is the site of the wreck of any 20 vessel where the wreck occurred before 1900; and (ii) is or may be able, through investigation by archaeological methods, to provide evidence relating to the history of New Zealand; and 25 (b) includes a site for which a declaration is made under section 40(1)(b) authority means an authority granted by Heritage New Zealand Pouhere Taonga under section 46 to undertake an activity that will or may harm an archaeological site 30 board means the members of the governing body of Heritage New Zealand Pouhere Taonga chief executive means the chief executive of the department that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 35

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conservation includes the processes of preserving, maintain- ing, and restoring historic places and historic areas so as to safeguard their historical and cultural values contact details means,— (a) in relation to an individual, the full street address where 5 the individual usually lives or where that individual can be contacted; and (b) in relation to a body corporate or unincorporate, the full street address of the body’s place of business or head office; and 10 (c) in every case, an email address or telephone number customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 department means the department of State that, with the authority of the Prime Minister, is for the time being responsible 15 for the administration of this Act emergency authority means an authority granted by Heritage New Zealand Pouhere Taonga under subpart 3 of Part 3 Environment Court has the meaning given in section 2(1) of the Resource Management Act 1991 20 exploratory investigation means an investigation of any site or locality to determine whether the site or locality is an archaeological site, and, if so, the nature and extent of the archaeological site financial year means the 12 months ending on the close 25 of 30 June or any other date determined for Heritage New Zealand Pouhere Taonga by the Minister of Finance harm, in relation to an archaeological site, historic place, historic area, wāhi tapu, or wāhi tapu area (as the case requires), includes— 30 (a) destruction of that site, place, area, wāhi tapu, or wāhi tapu area; and (b) damage to, or other modification of, that site, place, area, wāhi tapu, or wāhi tapu area; and (c) alteration of that site, place, area, wāhi tapu, or wāhi 35 tapu area Heritage New Zealand Pouhere Taonga means the body established by section 9

8 Heritage New Zealand Pouhere Taonga Bill Part 1 cl 6 heritage order has the meaning given in section 187 of the Resource Management Act 1991 heritage protection authority has the meaning given in section 187 of the Resource Management Act 1991 historic area means an area of land that— 5 (a) contains an inter-related group of historic places; and (b) forms part of the historical and cultural heritage of New Zealand; and (c) lies within the territorial limits of New Zealand historic place— 10 (a) means any of the following that form a part of the historical and cultural heritage of New Zealand and that lie within the territorial limits of New Zealand: (i) land, including an archaeological site: (ii) a building or structure (or part of a building or 15 structure): (iii) any combination of land, buildings, structures, or associated buildings or structures (or parts of buildings, structures, or associated buildings or structures); and 20 (b) includes any thing that is in or fixed to land described in paragraph (a) holder means the person to whom an authority is granted under section 46 land includes— 25 (a) land covered by water; and (b) the air space above land local authority has the meaning given in section 5(1) of the Local Government Act 2002 Māori Heritage Council and Council mean the Māori Her- 30 itage Council continued by section 23 Māori land has the meaning given to Maori land in section 4 of Te Ture Whenua Maori Act 1993 Minister means the Minister who, with the authority of the Prime Minister, is for the time being responsible for the ad- 35 ministration of this Act notice means a written notice to which, if the case requires, section 103 applies

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occupier means the person who has, or is in apparent, control of any land, building or structure planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 public notice means a notice published— 5 (a) in 1 or more newspapers circulating in the area where the relevant historic place, historic area, wāhi tapu, or wāhi tapu area is located; or (b) on an Internet site maintained by Heritage New Zealand Pouhere Taonga and to which the public has free access 10 regional council has the meaning given in section 5(1) of the Local Government Act 2002 Register means the register continued under section 63 registered interest— (a) means an estate or interest in land registered under the 15 Land Transfer Act 1952; and (b) includes a mortgage or charge registered under that Act registered place means a place registered under Part 4 scientific investigation means work undertaken on any archaeological site using archaeological methods to obtain infor- 20 mation relating to the history of New Zealand site of interest to Māori means an archaeological site in which the tangata whenua of the area have an interest based on culture or tradition statutory acknowledgement means a statutory acknowledge- 25 ment made by the Crown under an Act specified in Schedule 11 of the Resource Management Act 1991 territorial authority has the meaning given in section 5(1) of the Local Government Act 2002 wāhi tapu means a place sacred to Māori in the traditional, 30 spiritual, religious, ritual, or mythological sense wāhi tapu area means land that contains 1 or more wāhi tapu working day means any day except— (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and 35 Waitangi Day; and

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(b) a day in the period commencing with 20 December in any year and ending with 10 January in the following year.

7 Treaty of Waitangi (Te Tiriti o Waitangi) In order to recognise and respect the Crown’s responsibility to 5 give effect to the Treaty of Waitangi (Te Tiriti o Waitangi), this Act provides— (a) in section 10, for the appointment, in consultation with the Minister of Māori Affairs, of at least 3 members of the board of Heritage New Zealand Pouhere Taonga 10 who are qualified for appointment having regard to their knowledge of te ao Māori and tikanga Māori; and (b) in sections 11 and 12, that Heritage New Zealand Pouhere Taonga— (i) has functions that include identifying and advo- 15 cating the conservation and protection of wāhi tapu and wāhi tapu areas, and providing information, advice, and assistance in identifying, recording, investigating, assessing, registering, protecting, and conserving wāhi tapu and wāhi 20 tapu areas; and (ii) has the powers to carry out those functions, including the power to be a heritage protection authority under Part 8 of the Resource Management Act 1991; and 25 (c) in section 19, that Heritage New Zealand Pouhere Taonga has the power to delegate functions and powers to the Māori Heritage Council; and (d) in section 23, for the continuation of the Māori Her- itage Council; and 30 (e) in sections 24 and 25, for the functions and powers of that Council; and (f) in section 37, for the power of Heritage New Zealand Pouhere Taonga to enter into heritage covenants over wāhi tapu and wāhi tapu areas; and 35 (g) in sections 43, 47, 54, and 60, the requirement that applications for authorities relating to sites that are of interest to Māori (including any applications for emer-

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gency authorities), or for authorities to undertake exploratory or scientific investigations, be referred to the Council; and (h) in sections 66, 67, 68, 69, and 71 to 74, for the involvement of the Council in determining applications 5 to register (including interim registration of) wāhi tapu and wāhi tapu areas; and (i) in sections 75, 76, 80, and 81,— (i) a power for the Council to make recommendations to relevant local authorities in respect of 10 registered wāhi tapu and wāhi tapu areas and a duty on local authorities to have particular regard to any such recommendations; and (ii) a requirement that matters be referred to the Council before any action is taken in respect of 15 certain applications concerning or affecting a registered wāhi tapu area; and (iii) the role of the Council in reviewing, varying, or removing the registration of wāhi tapu and wāhi tapu areas. 20

8 Act binds the Crown This Act binds the Crown.

Part 2 Heritage New Zealand Pouhere Taonga and Māori Heritage Council 25 Subpart 1—Heritage New Zealand Pouhere Taonga Establishment of governance body 9 Heritage New Zealand Pouhere Taonga (1) This section establishes Heritage New Zealand Pouhere 30 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. 35

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(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. 5

10 Governing body of Heritage New Zealand Pouhere Taonga (1) The governing body of Heritage New Zealand Pouhere Taonga is the board, which comprises 8 persons appointed by the Min- ister, 1 of whom is to be appointed as the chairperson of the 10 board. (2) The persons appointed must, collectively, have the skills, knowledge, or cultural background appropriate to assist Her- itage New Zealand Pouhere Taonga to perform its functions. (3) At least 3 persons must be appointed who, in the opinion of 15 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 20 Entities Act 2004.

Functions and powers 11 Functions of Heritage New Zealand Pouhere Taonga (1) In order to achieve the purpose of this Act, the functions of Heritage New Zealand Pouhere Taonga are— 25 (a) to identify, record, investigate, assess, register, protect, and conserve historic places, historic areas, wāhi tapu, and wāhi tapu areas, or to assist in doing any of those things, and to keep permanent records of that work: (b) to advocate the conservation and protection of historic 30 places, historic areas, wāhi tapu, and wāhi tapu areas: (c) to foster public interest and involvement in historic places and historic areas and in the identification, recording, investigation, assessment, registration, protection, and conservation of them: 35

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(d) to provide information, advice, and assistance in relation to the identification, recording, investigation, assessment, registration, protection, and conservation of historic places, historic areas, wāhi tapu, and wāhi tapu areas, including providing such support for persons with 5 a legal or equitable interest in a historic place, historic area, wāhi tapu, or wāhi tapu area: (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 10 ensure their protection, preservation, and conservation. (2) The Minister must not give directions to Heritage New Zealand Pouhere Taonga concerning heritage matters that relate to particular historic places, historic areas, wāhi tapu, or wāhi tapu areas. 15

12 Powers of Heritage New Zealand Pouhere Taonga (1) Heritage New Zealand Pouhere Taonga has the powers necessary to— (a) advocate its interests at any public forum or in any statutory planning process: 20 (b) identify, record, investigate, assess, register, protect, and conserve historic places, historic areas, 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 25 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 tapu or wāhi tapu area: (e) erect suitable signs and notices on historic places and 30 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, corpor- 35 ations, societies, individuals, or other controlling bodies for the management, maintenance, and preser-

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vation of any historic place or historic area or, where appropriate, 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 5 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 tapu or wāhi tapu area: 10 (i) provide information relating to a historic place or historic area or, where appropriate, to a wāhi tapu or wāhi tapu area: (j) act as a heritage protection authority under Part 8 of the Resource Management Act 1991 for the purpose of 15 protecting— (i) the whole or part of a historic place, historic area, wāhi tapu, or wāhi tapu area; and (ii) land surrounding the historic place, historic area, wāhi tapu, or wāhi tapu area that is reasonably 20 necessary to ensure the protection and reasonable enjoyment of the historic place, historic area, wāhi tapu, or wāhi tapu area: (k) charge for services provided by Heritage New Zealand Pouhere Taonga under this Act, including— 25 (i) processing applications received by Heritage New Zealand Pouhere Taonga: (ii) carrying out investigations: (iii) producing, acquiring, and marketing products: (iv) providing information: 30 (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: 35 (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 or under any other enactment.

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(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 5 only of any provision of this Act.

13 Rights of entry onto land (1) Any employee of, or person authorised by, Heritage New Zealand Pouhere Taonga may enter onto any land, with any assistants thought necessary, for the purposes of— 10 (a) carrying out an investigation under section 54 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 con- 15 dition on an authority under section 49(2): (c) locating, recording, or inspecting any historic place for the purposes of Part 3 or 4. (2) The owner, occupier, or applicant must not obstruct any investigation, locating, recording, or inspection of a historic place 20 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(2), an employee of Heritage New Zealand Pouhere Taonga or a person authorised by Heritage New Zealand Pouhere Taonga may en- 25 ter on the land to assess the site, with any assistants thought 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 30 everything reasonably necessary for the exercise of that power, including affixing any pegs, marks, or poles. (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 35 of Heritage New Zealand Pouhere Taonga or a person

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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: 5 (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 10 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 15 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 20 Pouhere Taonga. (8) A warrant issued under subsection (7) must expire no later than the date that is 14 days after it was issued. (9) In this section, applicant means a person who has applied for an authority under section 42 in respect of the relevant site. 25

General policy requirements 14 General policy for historic places and archaeological sites (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 30 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. 35 (2) Not later than 12 months after the commencement of this Act, Heritage New Zealand Pouhere Taonga must consult on and

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adopt 1 or more statements of general policy for the administration of subparts 3 and 4 of Part 3. (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 5 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 10 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 15 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 Register for that place. 20

15 Procedures for adopting policy statements (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 25 (b) state the general policy— (i) for the administration of archaeological sites under subparts 3 and 4 of Part 3: (ii) for the historic places owned or controlled by, or vested in, Heritage New Zealand Pouhere 30 Taonga. (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 35 (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

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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 5 Wellington and its regional offices; 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. 10 (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 its regional offices. (5) Each statement confirmed under section 14(1) or adopted 15 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). (6) Heritage New Zealand Pouhere Taonga may amend a state- 20 ment in the manner and by any process that it thinks fit. (7) Heritage New Zealand Pouhere Taonga must not act inconsis- tently with any statement of general policy.

16 Conservation plans (1) Heritage New Zealand Pouhere Taonga may, if it considers it 25 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) Section 15(1) to (6) apply, with the necessary modifications, to conservation plans. 30 (3) Heritage New Zealand Pouhere Taonga must not act inconsis- tently with a conservation plan.

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Procedural matters for Heritage New Zealand Pouhere Taonga 17 Meetings of board Clauses 6 to 13 of Schedule 5 of the Crown Entities Act 2004 apply to meetings of the board except that, despite clause 13 of 5 that schedule, a resolution signed or assented to in writing by members who together form a quorum is as valid and effectual as if it had been passed at a meeting of the board validly called and constituted.

18 Delegations 10 (1) The rules on delegation in the Crown Entities Act 2004 apply to delegations by the board. (2) However, 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: 15 (b) declare an archaeological site under section 40(1)(b): (c) grant an authority under section 46, if the costs of an investigation or scientific investigation exceed $100,000: (d) confirm registration under section 74(1)(a): 20 (e) vary or remove a registration under section 80: (f) acquire or dispose of real property: (g) borrow money: (h) adopt any statement of general policy under section 15: 25 (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 Manage- ment Act 1991 or grant interim registration under section 68, unless the delegation is one that must be jointly 30 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. 35

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19 Delegations to Māori Heritage Council (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). (2) Clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004 5 does not limit subsection (1). (3) Subject to any general or special directions given by the board, the Council may exercise those functions and powers 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 delega- 10 tion. (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 ef- 15 fect, 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; 20 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 25 not prevent the exercise of any function or power by the board or the Council.

20 Rules The board may, by resolution, make rules that are not incom- patible with this Act or the Crown Entities Act 2004 for the 30 following purposes: (a) regulating the proceedings of the board: (b) providing for the custody of the property of Heritage New Zealand Pouhere Taonga and the use of its com- mon seal: 35

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(c) other purposes that Heritage New Zealand Pouhere Taonga considers necessary or expedient for properly carrying out its functions and powers.

Names protected 21 Protection of names 5 (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 Pouhere Taonga: 10 (b) Historic Places Trust, New Zealand Historic Places Trust, NZHPT, or New Zealand Historic Places Trust (Pouhere Taonga): (c) Pouhere Taonga: (d) any other name that so resembles a name listed in this 15 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, op- erate or carry on activities under a name listed or described in subsection (1). 20 (3) Subsections (1) and (2) do not apply to a body that, immediately before the commencement of this Act, included a name listed in subsections (1)(a) to (d).

Taxation 22 Exemption from taxation 25 Heritage New Zealand Pouhere Taonga is exempt from the payment of income tax.

Subpart 2—Māori Heritage Council 23 Māori Heritage Council continued (1) This section continues the Māori Heritage Council established 30 by section 84 of the Historic Places Act 1993. (2) The Council consists of 8 persons appointed by the Minister as follows:

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(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 5 (ii) collectively have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council. (3) The chairperson of the Council must be— (a) a member of the board; and 10 (b) appointed by all members of the Council from among their number. (4) A member of the Council— (a) holds office for a term of not more than 3 years; and (b) may be reappointed; and 15 (c) continues in office until that person’s successor comes into office, unless— (i) the member 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). 20

Functions and powers 24 Functions of Māori Heritage Council The Council has the following functions: (a) to ensure that, in the protection of wāhi tapu, wāhi tapu areas, and historic places and historic areas of interest 25 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 tapu, wāhi tapu areas, and historic places and historic areas of interest to Māori, and 30 to inform the board of all activities, needs, and devel- opments 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 35 powers and functions:

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(d) to develop its own iwi and other consultative and re- porting 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: 5 (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 for the 10 registration of wāhi tapu and wāhi tapu areas: (g) to propose the registration of historic places and historic areas of interest to Māori: (h) to make recommendations to Heritage New Zealand Pouhere Taonga on applications for resource consents 15 referred by Heritage New Zealand Pouhere Taonga under section 76: (i) to perform the functions delegated to the Council by the board: (j) to perform the other functions imposed on the Council 20 by this Act or any other Act: (k) 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.

25 Powers of Māori Heritage Council 25 (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 Coun- cil may,— (a) as the Council considers appropriate, appoint commit- 30 tees with members who may be, but are not necessarily, members of the Council: (b) subject to subsection (3), delegate any functions of the Council under this Act to the chairperson, deputy chairperson, any committee of the Council, or the chief 35 executive of Heritage New Zealand Pouhere Taonga.

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(3) The Council must not delegate its power to grant interim registration under section 68(2) to any person other than 2 of the following: (a) the chairperson: (b) the deputy chairperson: 5 (c) chief executive of Heritage New Zealand Pouhere Taonga.

Governance provisions 26 Deputy chairperson of Council (1) The Council must elect one of its members to be the deputy 10 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 15 (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. 20 (3) The deputy chairperson must perform all the functions and duties and exercise all the powers of the chairperson,— (a) with the consent of the chairperson, at any time during the temporary absence of the chairperson: (b) without that consent, at any time while the chairperson 25 is temporarily incapacitated or prevented by illness or other cause from performing the functions and duties of his or her office: (c) while there is any vacancy in the office of chairperson.

27 Resignation or removal from office 30 (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 35

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misconduct (if proved to the satisfaction of the Minister), or is convicted of an offence relating to historic places.

28 Leave of absence (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 5 absent from 3 consecutive meetings of the Council without its leave.

29 Co-opted members (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 10 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. 15 (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.

30 Extraordinary vacancies 20 (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. 25 (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.

31 Powers of Council not affected by vacancies The powers of the Council are not affected by any vacancy in 30 the membership of the Council.

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32 Meetings of 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 5 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; 10 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 15 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 20 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. (8) Despite subsection (7), if a resolution is signed or assented to in writing by at least 4 members of the Council (2 of whom 25 are members of the board), it has the same effect as a decision under that subsection. (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. 30 (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.

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33 Chairperson of board entitled to attend meetings of Council (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. 5 (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).

34 Proceedings not affected by certain irregularities 10 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 15 some defect in the appointment of any person so acting or that he or she was ineligible, or had ceased, to be a member.

35 Application of Crown Entities Act 2004 to Council (1) The following provisions of the Crown Entities Act 2004 20 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 25 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). (2) Sections 62 to 72 of the Crown Entities Act 2004 (which relate 30 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.

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36 Fees and travelling allowances in respect of Council The members of the Council are entitled to be paid, out of money appropriated by Parliament for the purpose, remuner- ation by way of fees or salary, and allowances and expenses, in accordance with the fees framework for members of statutory 5 and other bodies.

Part 3 Protection of places and areas of historic and cultural value Subpart 1—Heritage covenants 10 37 Heritage covenants (1) Heritage New Zealand Pouhere Taonga may enter into a heritage covenant with the owner, or with the lessee or licensee, of a historic place, historic area, wāhi tapu, or wāhi tapu area to provide for the protection, conservation, and maintenance 15 of the place, area, 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 20 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) Subsections (1) and (2) apply only if the owner of the land 25 relating to the historic place, historic area, wāhi tapu, or wāhi tapu area consents to entering the covenant. (4) Nothing in this Act requires Heritage New Zealand Pouhere Taonga to negotiate or agree with any person in order to enter into a heritage covenant. 30 (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,— 35

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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 5 owner, in relation to land,— (a) means the owner of the fee simple estate in the land; and (b) includes— (i) any lessee or licensee who derives title from the land (other than a lessee or licensee who is exe- 10 cuting a covenant); and (ii) any person with a mortgagee’s interest in the land parties means Heritage New Zealand Pouhere Taonga and includes, as relevant,— (a) the owner, lessee, or licensee of the historic place, his- 15 toric area, wāhi tapu, or wāhi tapu area; and (b) the owner of the land to which the historic place, historic area, wāhi tapu, or wāhi tapu area relates.

38 Effect of heritage covenant (1) A heritage covenant has effect according to its terms but is 20 subject to this Act. (2) To avoid doubt,— (a) entering into a heritage covenant does not prevent Her- itage New Zealand Pouhere Taonga from exercising any powers under this Act or the Resource Management Act 25 1991 in relation to the historic place, historic area, 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 act contrary to this Act. 30

39 Registrar-General of Land must register instruments (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 35 (b) may be registered accordingly; and (c) when registered under the Land Transfer Act 1952,—

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(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 5 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 her- 10 itage 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.

Subpart 2—Archaeological sites 15 40 Application of this subpart (1) Sections 41 to 57 apply— (a) to an archaeological site, whether or not the site is entered on the Register; and (b) to any other site that, on reasonable grounds, is declared 20 by Heritage New Zealand Pouhere Taonga to be an archaeological site that— (i) 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 25 (ii) is or may be able, through investigation by archaeological methods, to provide significant evidence relating to the historical and cultural heritage of New Zealand. (2) A declaration under subsection (1)(b) must be made— 30 (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 on the affected owner (and the occupier, if different from the owner) a notice 35 setting out the terms of the declaration.

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When authority required 41 Archaeological sites not to be harmed Unless an authority is granted under section 46 in respect of an archaeological site, no person may harm, or cause to be harmed, the whole or any part of that site, if that person knows 5 or has reasonable cause to suspect that it is an archaeological site.

Applications for authorities 42 Applications (1) The following applications may be made by any person to Her- 10 itage New Zealand Pouhere Taonga: (a) an application for an authority to undertake an activity that will or may harm the whole or any part of an archaeological site within a specified area of land, whether or not the site is a recorded site: 15 (b) an application for an authority to undertake an activity that will or may harm a recorded archaeological site, if the effects of that activity on the site will be no more than minor, as assessed in accordance with section 44(5): 20 (c) an application for an authority to conduct a scientific investigation of an archaeological site. (2) In this section and in sections 43 and 44, recorded archaeological site means an archaeological site for which the location is recorded on a database identified by Heritage New 25 Zealand Pouhere Taonga as the national inventory of archaeological sites.

43 Information that must be provided with application for authority (1) Every application for an authority made under section 42 30 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 approved for the purpose by Heritage New Zealand Pouhere Taonga. (2) An application must include the following information: 35

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(a) a legal description of the land adequate to identify the land to which the application relates; and (b) if the applicant is not the owner of the relevant land, proof of the owner’s consent to the proposed activity; and 5 (c) a description of any recorded archaeological site to which the application relates and the location of any such site; and (d) a description of the activity for which the authority is sought; and 10 (e) the name of the person who, if approved by Heritage New Zealand Pouhere Taonga under section 45, is to carry out an activity in relation to any authority granted; and (f) a description of the harm to the archaeological site that 15 will result from the proposed activity; and (g) except in the case of an application made under section 42(1)(b), an assessment of— (i) the archaeological, Māori, and other relevant values of the archaeological site in the detail 20 that is appropriate to the scale and significance of the proposed activity and the harm to the archaeological site; and (ii) the effect of the proposed activity on those values; and 25 (h) a statement as to whether consultation with tangata whenua and 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 30 (ii) has not taken place, with the reasons why consultation has not occurred. (3) Before applying under section 42(1)(c) to conduct a scientific investigation of a site of interest to Māori, the applicant must— 35 (a) have the consent of the iwi authority or other body identified by the Council; and (b) provide evidence of that consent in the information given under subsection (2).

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(4) An applicant who has previously provided 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)— 5 (a) may provide the same information to Heritage New Zealand Pouhere Taonga that was provided for the planning application under the Resource Management Act 1991; but (b) must ensure that all the information required by sub- 10 section (2) is also provided.

44 Processing of applications for authorities (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 the in- 15 formation required by section 43, determine,— (a) in the case of an application made under section 42(1)(a) or (c), whether the assessment required by section 43(2)(g) is adequate: (b) in the case of an application made under section 20 42(1)(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 subsec- 25 tion (1), it must— (a) lodge and process the application, including determining under section 45 whether to approve the person nominated to carry out any work in respect of the site; and 30 (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 35 section 43(2)(g) is undertaken by or on behalf of Heritage New Zealand Pouhere Taonga in relation to the recorded archaeological site.

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(3) If Heritage New Zealand Pouhere Taonga determines that an application does not meet the relevant requirements under subsection (1), it must— (a) return the application to the applicant, giving written reasons why the application has been returned; and 5 (b) advise the applicant by notice of what further information is required before the application is able to be lodged. (4) For the purposes of making a decision under this section, an application that is returned under subsection (3) and submit- 10 ted 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(1)(b), without limiting the matters that Heritage New Zealand Pouhere Taonga may have regard to for the purpose of de- 15 termining whether an application meets the requirements of subsection (1)(b) of this section, it must have regard to— (a) the significance of the site in relation to evidence of the historical and cultural heritage of New Zealand; and (b) the extent to which the proposed activity will harm the 20 site.

45 Approval of persons to carry out activity (1) Heritage New Zealand Pouhere Taonga must, in accordance with the time frame required by section 48, determine whether to approve the person specified under section 25 43(2)(e) to carry out an activity under an authority, if granted. (2) A person must not be approved to carry out an activity unless Heritage New Zealand Pouhere Taonga is satisfied that the person— (a) has sufficient skill and competency and is fully cap- 30 able of ensuring that the proposed activity is carried out to the satisfaction of Heritage New Zealand Pouhere Taonga; and (b) has appropriate access to institutional and professional support and resources. 35

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Determination of applications for authorities 46 Determination (1) In determining an application made under section 42, Her- itage New Zealand Pouhere Taonga may— (a) grant an authority, in whole or in part, subject to any 5 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 require- 10 ments of sections 45(2) and 47 to 49; and (b) advise the relevant local authorities of that determination.

47 Factors relevant to determination (1) Before determining an application under section 46, Heritage 15 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 appli- 20 cation relates, as specified in the Act by which the statutory acknowledgement was made; and (b) 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 25 (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 30 comply with section 89(a) of that Act. (2) If Heritage New Zealand Pouhere Taonga refers an application to the Council under subsection (1)(b), the Council may— (a) make recommendations on the application; and (b) for that purpose, consult as it thinks appropriate. 35

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48 Time within which applications to be determined (1) Heritage New Zealand Pouhere Taonga must make its determination under section 46 and give notice of that decision not later than— (a) 20 working days after the date on which an applica- 5 tion is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga; or (b) 30 working days after the date on which an application is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga, if Heritage New Zealand 10 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 applica- 15 tion is accepted under section 44(2) by Heritage New Zealand Pouhere Taonga in any case where, in the opinion of Heritage New Zealand Pouhere Taonga, the com- plexity of the matter, as established by the assessment required by section 43(2)(g), requires that additional 20 time. (2) An application under section 42(1)(b) must be determined not later than 20 working days after it is accepted by Heritage New Zealand Pouhere Taonga under section 44(2). (3) If it is necessary at any time, and for any reason, to replace 25 the person approved under section 45 to carry out an activity, the holder of the authority must, by written request to Her- itage New Zealand Pouhere Taonga, seek approval for another nominated person to carry out that activity. (4) Heritage New Zealand Pouhere Taonga must determine a re- 30 quest under subsection (3)— (a) not later than 10 working days after receiving it; and (b) in accordance with section 45(2).

Conditions 49 Imposition of conditions on authorities 35 (1) Applications granted under section 46 are subject to the following conditions:

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(a) the site must be returned as nearly as possible to its former state (unless otherwise agreed with the owner of the land on which the site is located); and (b) any activity undertaken at the site must conform to accepted archaeological practice; and 5 (c) Heritage New Zealand Pouhere Taonga, or the person approved under section 45 to carry out an activity, must provide a report on any activity as soon as practicable after its completion to— (i) the holder of the authority; and 10 (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. 15 (2) Heritage New Zealand Pouhere Taonga may impose a condition requiring a scientific 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. 20 (3) If a condition of the kind referred to in subsection (2) is imposed, the rights conferred on any person by the authority granted under section 46 must not, unless Heritage New Zealand Pouhere Taonga specifies otherwise, be exercised until whichever of the following is the later: 25 (a) Heritage New Zealand Pouhere Taonga is advised in writing by the holder that the condition has been fully complied with: (b) 20 working days have elapsed since the date that the authority was granted by Heritage New Zealand Pouhere 30 Taonga.

50 Review of conditions of authority (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 35 Zealand Pouhere Taonga for a change to, or cancellation of, any of the conditions imposed on the authority; or

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(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 5 if, as the case may be,— (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. 10 (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 15 (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 sub- 20 section (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 25 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 30 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 35 review, stating— (i) which conditions are to be reviewed; and (ii) the reasons for the review; and

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(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 5 (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, 10 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 15 New Zealand Pouhere Taonga may— (a) change or cancel any conditions: (b) make no change to the conditions.

51 Notification of grant of authorities (1) Not later than 20 working days after granting an authority, 20 Heritage New Zealand Pouhere Taonga must give notice of the authority to the chief executive or to the nearest public museum. (2) In this section, public museum has the meaning given in section 2(1) of the Protected Objects Act 1975. 25

Consequences of grant of authority 52 Commencement and duration of authorities (1) An authority granted under this subpart commences when— (a) the time for lodging an appeal under section 56 expires and either— 30 (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— 35 (a) by the authority; or

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(b) by the Environment Court. (3) An authority is current until the earlier of— (a) the date specified in the authority: (b) 5 years from the date the authority commences. (4) At that date, the authority expires. 5

53 Effect of grant of authority by Heritage New Zealand Pouhere Taonga (1) An authority granted under this subpart, for the time that it is current,— (a) runs with the land to which it applies; and 10 (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) If there is a change of owner, lessee, or licensee of land over which a current authority applies, the new owner, lessee, or 15 licensee must— (a) give notice to Heritage New Zealand Pouhere Taonga of the change of ownership; and (b) give contact details of the new owner, lessee, or licensee of the land. 20

Other powers of Heritage New Zealand Pouhere Taonga 54 Exploratory investigation of site or locality (1) Heritage New Zealand Pouhere Taonga may, as far as it is consistent with the purpose of this Act,— 25 (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. 30 (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), Her- itage New Zealand Pouhere Taonga must— 35

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(a) refer to the Council any application that relates to a site of interest to Māori; and (b) take into account— (i) the nature and purpose of the proposed exploratory investigation; and 5 (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. 10 (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 15 (b) approve the person who is to carry out the exploratory investigation. (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 20 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 25 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 30 Pouhere Taonga thinks fit.

55 Powers of Heritage New Zealand Pouhere Taonga if no authority held for activity (1) Subsection (2) applies if— (a) an activity is being carried out at any site or locality; 35 and (b) no authority is held or has been applied for in respect of that site or locality; and

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(c) Heritage New Zealand Pouhere Taonga has reasonable cause to believe that— (i) the site or locality is, or may be, or may include an archaeological site; and (ii) the activity will harm the site. 5 (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 10 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 author- 15 ity, as the case may be. (3) If the exploratory investigation establishes that the site or locality is, or includes, an archaeological site and that the activity will harm the site or locality, Heritage New Zealand Pouhere Taonga must ensure that the activity— 20 (a) ceases immediately; and (b) is not resumed until an application has been lodged and an authority granted to carry out the activity.

Appeal provisions 56 Rights of appeal 25 (1) Any person who is directly affected by a decision of Heritage New Zealand Pouhere Taonga referred to in subsection (2) may appeal against that decision by notice of appeal to the Environment Court. (2) The decisions for which there is a right of appeal are as fol- 30 lows: (a) section 40(1)(b) (a power to make a declaration): (b) section 45 (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 35 authority):

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(d) section 49(2) (a power to require a scientific investigation as a condition of an authority): (e) section 50 (a power to review conditions): (f) section 52(3) (a power to specify the duration of an authority): 5 (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). 10 (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 15 under section 120 of that Act; and (c) not later than 15 working days after notice is given under section 48(1) of the decision being appealed against,— (i) be lodged with the Environment Court; and 20 (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 on the applicant or owner (if different from the appellant). 25 (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.

57 Decision on appeal (1) In determining an appeal made under section 56, the Envir- 30 onment 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 35 archaeological site and any other factors justify- ing the protection of the site: (ii) the purpose and principles of this Act:

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(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 5 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 10 traditions with their ancestral lands, water, sites, 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. 15 (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. 20 (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 25 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.

Subpart 3—Emergency authorities 30 58 Purpose and application of subpart (1) This subpart provides a process for obtaining an emergency authority to undertake an activity that will or may harm an archaeological site in the event of a national or local emergency, whether a natural or other disaster, that causes or is 35 likely to cause— (a) loss of life or serious injury to persons:

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(b) serious damage to property. (2) This subpart applies only if a national or local emergency has been declared under the Civil Defence Emergency Manage- ment Act 2002. (3) Unless otherwise expressly provided for, this subpart applies 5 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. 10

59 Application for emergency authority (1) Any person may apply to Heritage New Zealand Pouhere Taonga for an emergency authority to undertake an activity that will or may harm an archaeological site if, after a national or local emergency has been declared, it appears that it may 15 be necessary to undertake an activty that may harm that site. (2) Application for an emergency authority must— (a) be made in the form and manner prescribed by regulations made under this Act or approved for the purpose by Heritage New Zealand Pouhere Taonga; and 20 (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 25 emergency authority it must be satisfied that the person specified under section 43(2)(e) to carry out an activity under the emergency authority, if granted, meets the requirements of section 45(2). (4) After having regard to all the circumstances, Heritage New 30 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, but determine it under subpart 2.

60 Determination of applications 35 (1) Heritage New Zealand Pouhere Taonga may—

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(a) grant an emergency authority in whole or in part, with or without conditions; or (b) refuse to grant an emergency authority. (2) In determining an application for an emergency authority, Her- itage New Zealand Pouhere Taonga must take into account— 5 (a) the purpose of this subpart; 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 spe- 10 cified in the Act by which the statutory acknowledgement was made. (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 15 application to the Council; 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. 20 (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 com- 25 ply 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 30 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, Her- itage New Zealand Pouhere Taonga must give notice of that 35 determination to— (a) the applicant; and (b) the owner, if the applicant is not the owner; and

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(c) the local authorities with jurisdiction in the relevant area, if an authority is not the applicant; and (d) the chief executive.

61 Condition requiring scientific investigation (1) If Heritage New Zealand Pouhere Taonga is satisfied on rea- 5 sonable grounds that a scientific 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, Heritage New Zealand Pouhere 10 Taonga must— (a) complete the scientific investigation and issue its decision,— (i) in the case of an archaeological site that is above ground level, not later than 14 days after the date 15 that the emergency authority is issued; and (ii) for any other archaeological site, within the time specified in the authority; and (b) comply with section 60(5). (3) If a condition of the kind referred to in subclause (1) is im- 20 posed, the emergency authority may be exercised only to the extent that it does not interfere with the scientific investigation until— (a) Heritage New Zealand Pouhere Taonga has been notified that the investigation has been completed; and 25 (b) either— (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 30 was given under paragraph (a) and Heritage New Zealand Pouhere Taonga has not notified the applicant that the emergency authority must not be exercised.

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62 Appeal rights (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 42 is de- 5 clined in whole or in part; and (b) tangata whenua, on 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 10 (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); and (c) be served as required by section 56(3)(c) and (d), 15 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.

Part 4 20 Registration of historic place, historic area, wāhi tapu, and wāhi tapu area 63 Register (1) Heritage New Zealand Pouhere Taonga must continue and maintain the Register of historic places, historic areas, wāhi 25 tapu, and wāhi tapu areas established under section 22 of the Historic Places Act 1993. (2) The purposes of the Register are— (a) to inform members of the public about historic places, historic areas, wāhi tapu, and wāhi tapu areas: 30 (b) to notify the owners of historic places, historic areas, wāhi tapu, and wāhi tapu areas, as needed, for the purposes of this Act: (c) to assist with the protection of historic places, historic areas, wāhi tapu, and wāhi tapu areas under the Re- 35 source Management Act 1991. (3) The Register must comprise—

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(a) a part relating to historic places, set out under the following categories: (i) category 1: places of special or outstanding historical or cultural heritage significance or value; and 5 (ii) category 2: places of historical or cultural heritage significance or value; and (b) a part relating to historic areas; and (c) a part relating to wāhi tapu; and (d) a part relating to wāhi tapu areas. 10 (4) The inclusion in, or removal from, the Register of details of historic places, historic areas, wāhi tapu, and wāhi tapu areas must be carried out in accordance with this Part. (5) An entry in the Register relating to a historic place may include any chattel or object or class of chattels or objects that are— 15 (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) nominated by Heritage New Zealand Pouhere Taonga.

64 Criteria for registration of historic places and historic 20 areas (1) Heritage New Zealand Pouhere Taonga may include any historic place or historic area in the Register if the place or area has aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, technological, or traditional signifi- 25 cance 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 any of the following criteria: (a) the extent to which the place reflects important or rep- 30 resentative 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: 35 (d) the importance of the place to the tangata whenua: (e) the community association with, or public esteem for, the place:

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(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 5 date from early periods 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 complex or historical and cultural 10 landscape: (l) any additional criteria prescribed in regulations made under this Act for registration of historic places or historic areas of interest to Māori, or of wāhi tapu, or wāhi tapu areas: 15 (m) any additional criteria prescribed in regulations, provided they are not inconsistent with the criteria in paragraphs (a) to (k), for the purpose of— (i) assigning category 1 or category 2 status to a historic place; or 20 (ii) the registration of a historic area.

65 Applications to register historic places (1) Heritage New Zealand Pouhere Taonga or any other person may apply to register a historic place. (2) An application for registration— 25 (a) must describe the historic place to which it relates in such a way as to sufficiently identify it; and (b) may state the proposed category of registration. (3) If Heritage New Zealand Pouhere Taonga considers an application for registration has no merit, it must decline the appli- 30 cation. (4) If Heritage New Zealand Pouhere Taonga is satisfied that an application for registration is supported by sufficient evidence, it must proceed to determine the application in the following manner: 35 (a) publicly notify the application; and (b) give notice of the application to— (i) every person who—

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(A) is an owner of the historic place concerned; or (B) has a registered interest in the historic place; and (ii) the local authorities with jurisdiction in the rele- 5 vant area. (5) If an owner of a historic place receives a notice under subsection (4)(b), the owner must give notice of the application for registration to any occupier of the place. (6) In the case of an application for registration affecting Māori 10 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 notice in the court 15 records. (7) The failure of an owner to notify an occupier under subsection (5) does not invalidate the registration process.

66 Applications to register wāhi tapu (1) Any person may apply to the Council to register a wāhi tapu. 20 (2) An application for registration must— (a) include a legal description of the general area of land affected; and (b) specify the general nature of the wāhi tapu included in the area. 25 (3) If the Council considers that an application has no merit, it must decline the application. (4) If the Council is satisfied that an application for registration is supported by sufficient evidence, the Council must proceed to determine the application in the following manner: 30 (a) publicly notify the application; and (b) give notice of the application to— (i) every person who— (A) is the owner of the wāhi tapu or part of the wāhi tapu; or 35 (B) has a registered interest in the wāhi tapu or part of the wāhi tapu; and

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(ii) the local authorities with jurisdiction in the relevant area; and (iii) the appropriate iwi. (5) If an owner of a wāhi tapu receives a notice under subsection (4)(b), the owner must give notice of the application for 5 registration to any occupier of the place. (6) The failure of an owner to notify an occupier under subsection (5) does not invalidate the registration process. (7) In the case of an application for registration of a wāhi tapu affecting Māori land,— 10 (a) Heritage New Zealand Pouhere Taonga must give notice of it to the appropriate Registrar of the Māori Land Court; and (b) the court must record the effect of the notice in the court records. 15

67 Procedure to determine applications to register historic place or wāhi tapu (1) The following persons may make written submissions on an application for registration to which section 65(4) or 66(4) applies: 20 (a) every owner of the whole or a part of the historic place or wāhi tapu: (b) any occupier of the whole or a part of the historic place or wāhi tapu: (c) every person with a registered interest in the whole or a 25 part of the historic place or wāhi tapu: (d) any body corporate engaged in, or having as one of its objects, the protection of historical and cultural heritage: (e) the local authorities with jurisdiction in the relevant 30 area: (f) the appropriate iwi. (2) Submissions may be made on an application for registration whether or not interim registration has been granted for the historic place or wāhi tapu. 35 (3) Submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as the case requires, within—

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(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 that public noti- 5 fication. (4) The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu. (5) If Heritage New Zealand Pouhere Taonga considers that a historic place proposed for registration is a site of interest to 10 Māori, it must refer the application to the Council for its recommendation as to whether the historic place should be registered. (6) When deciding whether to register a historic place, Heritage New Zealand Pouhere Taonga — 15 (a) must take all submissions into account; and (b) may reconsider the category of registration proposed for the place concerned; and (c) may, if it considers it appropriate to do so, alter the category. 20

68 Interim registration (1) Heritage New Zealand Pouhere Taonga may grant interim registration for any historic place if it is satisfied that the application for its registration is supported by sufficient evidence. 25 (2) The Council may grant interim registration of any wāhi tapu, if it is satisfied that the application for registration is supported by sufficient evidence. (3) Heritage New Zealand Pouhere Taonga or the Council (as the case requires) must— 30 (a) publicly notify the interim registration; and (b) give notice of the registration to any person that has been given notice under section 65(4)(b) or 66(4)(b). (4) Interim registration of a historic place or wāhi tapu becomes effective on and from the day on which notice given under 35 section 65(4)(b) or 66(4)(b) is received by the owner of the place or wāhi tapu.

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(5) The persons referred to in section 67(1) may make submissions within 20 working days after the notice referred to in subsection (3).

69 Duration and effect of interim registration (1) While a historic place or wāhi tapu has interim registration 5 under section 68, sections 194 and 195 of the Resource Man- agement Act 1991 apply to that place or wāhi tapu as if interim registration were a notice of requirement for a heritage order under that Act. (2) Interim registration lapses— 10 (a) when registration is confirmed under section 73 or 74; or (b) 3 months after the date of the interim registration, if registration is not confirmed or interim registration is not cancelled within that period. 15 (3) Despite subsection (2)(b), Heritage New Zealand Pouhere Taonga or the Council, as the case may be,— (a) may extend the period of 3 months by 2 further periods of not more than 1 month each; but (b) if paragraph (a) applies, must, at least 1 month before 20 the interim registration expires,— (i) publicly notify the period of the extension; and (ii) give notice of the extension to the persons notified under section 68(3)(b). (4) If subsection (3) applies, the interim registration does not 25 lapse under subsection (2)(b) until the expiry of that further period. (5) An owner notified of the extension of an interim registration under subsection (3)(b) may, within 5 working days after receiving the notice, object in writing to the proposed extension 30 of interim registration. (6) Heritage New Zealand Pouhere Taonga or the Council, as the case may be, must— (a) determine the objection within 5 working days after receiving the objection; and 35 (b) give notice of its decision to the owner concerned.

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70 Applications to register historic areas (1) Heritage New Zealand Pouhere Taonga or any other person may apply to register a historic area. (2) An application for registration must describe the historic area to which it relates in such a way as to sufficiently identify it. 5 (3) If Heritage New Zealand Pouhere Taonga considers an application for registration has no merit, it must decline the application. (4) If Heritage New Zealand Pouhere Taonga is satisfied that the application for registration is supported by sufficient evidence, 10 it must proceed to determine the application in the following manner: (a) publicly notify the application; and (b) give notice of the application to— (i) every person who— 15 (A) is an owner of the historic area or part of the historic area; or (B) has a registered interest in the historic area or part of the historic area; and (ii) the local authorities with jurisdiction in the rele- 20 vant area. (5) Despite subsection (4)(b), 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, or cannot identify, the person from pub- 25 licly 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 a historic area or part of a historic area receives a notice under subsection (4)(b)(i)(A), the owner must give 30 notice of the application for registration to any occupier of that historic area or part of the historic area. (7) The failure of an owner to notify an occupier under subsection (6) does not invalidate the registration process. (8) If an application for registration affects Māori land,— 35 (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and

56 Heritage New Zealand Pouhere Taonga Bill Part 4 cl 71

(b) the court must record the notice in the court records.

71 Applications to register wāhi tapu areas (1) Any person may apply to the Council to register a wāhi tapu area. (2) Every application for registration must— 5 (a) include a legal description of the general area of land affected; and (b) specify the general nature of the wāhi tapu included in the area. (3) If the Council considers that an application for registration has 10 no merit, it must decline the application. (4) If the Council is satisfied that an application for registration is supported by sufficient evidence, the Council must proceed to determine the application in the following manner: (a) publicly notify the application; and 15 (b) give notice of the application to— (i) every person who— (A) is an owner of the wāhi tapu area or part of the wāhi tapu area; or (B) has a registered interest in the wāhi tapu 20 area or part of the wāhi tapu area; and (ii) the local authorities with jurisdiction in the relevant area; and (iii) the appropriate iwi. (5) Despite subsection (4)(b), the Council is not required to give 25 notice under subsection (4)(b)(i)(A) if the Council— (a) does not know, 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. 30 (6) If an owner of a wāhi tapu area or part of a wāhi tapu area receives a notice under subsection (4)(b)(i)(A), the owner must give notice of the application for registration to any occupier of that wāhi tapu area or part of the wāhi tapu area. (7) The failure of an owner to notify an occupier under subsec- 35 tion (6) does not invalidate the registration process.

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(8) If an application for registration of a wāhi tapu area affects Māori land,— (a) Heritage New Zealand Pouhere Taonga must give notice of the application to the appropriate Registrar of the Māori Land Court; and 5 (b) the court must record the notice in the court records.

72 Procedure to determine applications to register historic area or wāhi tapu area (1) The following persons may make written submissions on an application to which section 70(4) or 71(4) applies: 10 (a) every owner of the whole or a part of the historic area or wāhi tapu area: (b) any occupier of the whole or a part of the historic area or wāhi tapu area: (c) every person with a registered interest in the whole or a 15 part of the historic area or wāhi tapu area: (d) any body corporate engaged in, or having as one of its objects, the protection of historical and cultural heritage: (e) the local authorities with jurisdiction in the relevant 20 area: (f) the appropriate iwi. (2) Submissions must be made to Heritage New Zealand Pouhere Taonga or the Council, as the case requires, within— (a) 20 working days after the public notification of the ap- 25 plication; 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 of the application. 30 (3) The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu area. (4) If Heritage New Zealand Pouhere Taonga considers that a historic area proposed for registration is a site of interest to Māori, Heritage New Zealand Pouhere Taonga must refer the appli- 35 cation to the Council for its recommendation as to whether the historic area should be registered.

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(5) Before making a decision under this section, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, must take all submissions into account.

73 Registration may be confirmed by agreement Heritage New Zealand Pouhere Taonga or the Council, as the 5 case requires, may confirm the registration of a historic place, wāhi tapu, historic area, or wāhi tapu area at any time— (a) after notice of an application for registration has been given under section 65(4)(b), 66(4)(b), 70(4)(b), or 71(4)(b); and 10 (b) with the agreement of all owners and all persons holding a registered interest.

74 When registration takes effect (1) The registration of a historic place, wāhi tapu, historic area, or wāhi tapu area takes effect 5 working days after the date 15 on which notice is given to every owner of the historic place, wāhi tapu, historic area, or wāhi tapu area under subsection (2)(b), provided either— (a) Heritage New Zealand Pouhere Taonga (in the case of a historic place or historic area) or the Council (in the 20 case of a wāhi tapu or wāhi tapu area) has confirmed the registration; or (b) the registration has been confirmed by agreement under section 73. (2) Heritage New Zealand Pouhere Taonga or the Council (as the 25 case requires) must— (a) publicly notify the registration; and (b) give notice of the registration to any person that has been given notice under section 65(4)(b), 66(4)(b), 70(4)(b), or 71(4)(b). 30

75 Local authorities must have regard to recommendations (1) In respect of any registered historic area, Heritage New Zealand Pouhere Taonga may make recommendations to the local authorities with jurisdiction in the area where the historic area is located as to the appropriate measures that 35

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those authorities should take to assist in the conservation and protection of the historic area. (2) In respect of any registered wāhi tapu area, the Council may make recommendations to the local authorities with jurisdiction in the relevant area as to the appropriate measures that 5 those authorities should take to assist in the conservation and protection of the wāhi tapu area. (3) Local authorities that receive recommendations under subsection (1) or (2) must have regard to recommendations received from Heritage New Zealand Pouhere Taonga or the 10 Council, as the case may be.

76 Applications affecting registered wāhi tapu areas (1) Subsection (2) applies if Heritage New Zealand Pouhere Taonga— (a) is advised by a local authority that it has received an 15 application for a resource consent in respect of a registered wāhi tapu area; or (b) is considering an application that affects a registered wāhi tapu area made under— (i) section 42 (applications for authorities); or 20 (ii) section 54(1)(b) (applications to carry out exploratory investigations); or (c) proposes to take any action in respect of a registered wāhi tapu area. (2) Before Heritage New Zealand Pouhere Taonga takes any ac- 25 tion in respect of the application, it must— (a) refer the matter to the Council; and (b) consult, as the case requires,— (i) the local authorities with jurisdiction in the relevant area; and 30 (ii) the applicant for the resource consent; and (iii) the person who applied under section 71(1) for registration of the wāhi tapu area; and (iv) the relevant iwi or other Māori group. (3) Not later than 15 working days after receiving an applica- 35 tion, 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.

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77 Records to be supplied to territorial authorities (1) Heritage New Zealand Pouhere Taonga must maintain, and supply to every territorial authority, a record of the registered historic places, historic areas, wāhi tapu, and wāhi tapu areas that are located within that territorial authority’s district and 5 heritage covenants that have effect in that area. (2) Each territorial authority must keep the record available for public inspection during its usual business hours. (3) Subsection (4) applies, for the purposes of section 34(4)(b) of the Building Act 2004 and section 44A(2)(g) of the Local 10 Government Official Information and Meetings Act 1987, if notice is given to a territorial authority in respect of any historic place, historic area, wāhi tapu, or wāhi tapu area (but no other notification) under— (a) section 65(4)(b)(ii), for interim registration or for re- 15 moval from the Register: (b) section 66(4)(b)(ii), for registration of a wāhi tapu: (c) section 74(2)(b) or 81(b), for registration or removal from the Register: (d) section 80(7), for review of a registration. 20 (4) A notice given under 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.

78 Notification to territorial authorities 25 (1) Heritage New Zealand Pouhere Taonga may, in its discretion, give notice to any territorial authority of the particulars of any registered historic place, historic area, wāhi tapu, or wāhi tapu area within the jurisdiction of that territorial authority. (2) A notice given under subsection (1) must have sufficient de- 30 tail to enable those particulars to be included in— (a) any land information memorandum issued by the territorial authority under section 44A of the Local Govern- ment Official Information and Meetings Act 1987; and (b) any project information memorandum issued by the ter- 35 ritorial authority under section 34 of the Building Act 2004.

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79 Availability of Register The Register must be open for public inspection during usual business hours at the principal office of Heritage New Zealand Pouhere Taonga in Wellington and at regional offices of Her- itage New Zealand Pouhere Taonga. 5

80 Review, variation, or removal of registration (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 tapu or wāhi tapu area) may, at any time, review the registration of a historic place, historic area, wāhi tapu, or wāhi tapu 10 area. (2) Any person may— (a) apply to Heritage New Zealand Pouhere Taonga for a review of the registration of a historic place or historic area: 15 (b) apply to the Council for a review of the registration of a wāhi tapu or wāhi tapu area. (3) If a person applies for a review of a registration earlier than 3 years after the date of the registration or the last review of the registration, whichever is the later, Heritage New Zealand 20 Pouhere Taonga may reject the application in whole or in part, but only on the grounds that— (a) the application is frivolous or vexatious; or (b) the substance of the application or part of it has been considered by Heritage New Zealand Pouhere Taonga 25 within the last 3 years. (4) An application for review of a registration 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, stating the grounds for review. 30 (5) An application for review of a registration must be determined by Heritage New Zealand Pouhere Taonga or the Council, as the case requires, not later than 1 year after the date of its re- ceipt by Heritage New Zealand Pouhere Taonga or the Coun- cil. 35 (6) However, Heritage New Zealand Pouhere Taonga or the Coun- cil, as the case may be,—

62 Heritage New Zealand Pouhere Taonga Bill Part 4 cl 81

(a) must decline to consider any application that does not state any grounds for review or if it considers that the grounds stated are insufficient to justify a review; and (b) must give notice of its decision, with reasons, to the applicant. 5 (7) If Heritage New Zealand Pouhere Taonga or the Council de- cides to review a registration, whether on its own initiative or as a result of an application, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, must conduct the review in the same manner as if it were a proposal for regis- 10 tration under this Part. (8) When a review is completed, Heritage New Zealand Pouhere Taonga or the Council, as the case requires, may— (a) vary the registration; or (b) remove the registration; or 15 (c) confirm the registration; or (d) in the case of a historic place, change or confirm the category of registration. (9) If Heritage New Zealand Pouhere Taonga has, as part of its review, publicly notified a proposal to change the category of a 20 registered historic building to category 1, it may apply section 194 of the Resource Management Act 1991 as if the application were a notice of requirement for a heritage order, until it has finally dealt with the application. (10) If Heritage New Zealand Pouhere Taonga has applied section 25 194 of the Resource Management Act 1991, section 195 of that Act also applies.

81 Removal of registration in cases of destruction or demolition If a historic place, wāhi tapu, historic area, or wāhi tapu area 30 is destroyed or demolished, Heritage New Zealand Pouhere Taonga or the Council, as the case requires,— (a) may, after making any inquiries that it sees fit, remove the registration of that historic place, wāhi tapu, historic area, or wāhi tapu area; and 35 (b) must, as soon as practicable after removing a registration, give notice in writing to the local authorities with jurisdiction in the relevant area.

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Part 5 Offences and penalties, transitional provisions, and miscellaneous matters Subpart 1—Offences and penalties 82 Offence of intentional harm to property of Heritage New 5 Zealand Pouhere Taonga (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,— 10 (a) harms a historic place, historic area, property, or thing that is vested in Heritage New Zealand Pouhere Taonga and managed by it; or (b) causes harm to the place, area, property, thing, or associated land. 15 (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,— (a) in the case of harm 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 20 natural person; and (b) in the case of harm that amounts to damage, modification, or alteration,— (i) $60,000 in the case of a natural person: (ii) $120,000, in the case of a person other than a 25 natural person.

83 Offence of harming land subject to heritage covenant (1) Every person commits an offence in respect of a historic place, historic area, wāhi tapu, or wāhi tapu area protected by a heritage covenant who, in breach of the terms of that covenant and 30 knowing or having reasonable cause to suspect that the place, area, wāhi tapu, or wāhi tapu area is protected by a heritage covenant, intentionally— (a) harms that place, area, wāhi tapu, or wāhi tapu area, or any feature or part of the place, area, wāhi tapu, or wāhi 35 tapu area; or

64 Heritage New Zealand Pouhere Taonga Bill Part 5 cl 85

(b) causes that place, area, wāhi tapu, or wāhi tapu area, or any feature or part of the place, area, wāhi tapu, or wāhi tapu area, to be harmed. (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,— 5 (a) in the case of harm 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 harm that amounts to damage, modifica- 10 tion, or alteration,— (i) $60,000 in the case of a natural person: (ii) $120,000 in the case of a person other than a natural person.

84 Offence of harming archaeological site 15 (1) Every person commits an offence who, without the authority of Heritage New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose, and knowing or having reasonable cause to suspect that a site is an archaeological site,— 20 (a) harms that archaeological site; or (b) causes that archaeological site to be harmed. (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,— (a) in the case of harm that amounts to destruction,— 25 (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 harm that amounts to damage, modification, or alteration,— 30 (i) $60,000 in the case of a natural person: (ii) $120,000 in the case of a person other than a natural person.

85 Offence of breaching conditions of authority (1) Every person commits an offence who contravenes or fails 35 to comply with any condition imposed by or under section 46(1)(a), 49, or 60(1)(a).

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(2) Every person who commits an offence under subsection (1) is liable, on summary 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. 5

86 Offence of refusing access, etc (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 10 (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 15 (iii) carrying out an investigation under section 54. (2) Every person who commits an offence under subsection (1) is liable, on summary 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 per- 20 son.

87 Offence of carrying out investigation in breach of conditions or without written permission (1) Every person commits an offence who carries out an investigation— 25 (a) that is subject to any conditions imposed by Heritage New Zealand Pouhere Taonga under section 54(1) and who contravenes, or fails to comply with, any of those conditions; or (b) carries out an investigation without the written permis- 30 sion of Heritage New Zealand Pouhere Taonga, contrary to section 54(1)(b). (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding— (a) $60,000 in the case of a natural person: 35 (b) $120,000 in the case of a person other than a natural person.

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88 Offence of harming historic place or wāhi tapu that has interim registration (1) Every person commits an offence who, without the appropriate authority,— (a) harms a historic place that has interim registration under 5 section 68, or causes harm to a historic place; or (b) harms, or causes harm to, a wāhi tapu that has interim registration under section 68. (2) In subsection (1), appropriate authority means,— (a) in the case of a historic place, the authority of Heritage 10 New Zealand Pouhere Taonga or any person or body authorised by Heritage New Zealand Pouhere Taonga for the purpose; and (b) in the case of a wāhi tapu, the authority of the Māori Heritage Council or any person or body authorised by 15 the Council for the purpose. (3) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding,— (a) in the case of harm that amounts to destruction,— (i) $150,000 in the case of a natural person: 20 (ii) $300,000 in the case of a person other than a natural person; and (b) in the case of harm that amounts to damage, modification, or alteration,— (i) $60,000 in the case of a natural person: 25 (ii) $120,000 in the case of a person other than a natural person.

89 Other offences (1) Every person commits an offence who, without the authority of Heritage New Zealand Pouhere Taonga or a person or body 30 authorised by Heritage New Zealand Pouhere Taonga for the purpose,— (a) intentionally enters land or a historic place vested in or under the control of Heritage New Zealand Pouhere Taonga, except in accordance with a bylaw made by 35 Heritage New Zealand Pouhere Taonga for the land or place; or

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(b) intentionally takes any animal or vehicle onto land vested in or under the control of Heritage New Zealand Pouhere Taonga otherwise than in accordance with any bylaw made by Heritage New Zealand Pouhere Taonga for the land; or 5 (c) intentionally lights any fire on any land vested in or under the control of Heritage New Zealand Pouhere Taonga otherwise than in accordance with any bylaw made by Heritage New Zealand Pouhere Taonga for the land; or 10 (d) intentionally lights or causes or permits to be lit on any land, other than land vested in or under the control of Heritage New Zealand Pouhere Taonga, a fire— (i) that he or she knows or ought to know is likely to spread into any property or thing vested in 15 or under the control of Heritage New Zealand Pouhere Taonga; and (ii) that does spread into and damages or destroys that property or thing; or (e) unlawfully alters, obliterates, defaces, pulls up, re- 20 moves, or destroys any boundary mark, plaque, sign, or poster on any land vested in or under the control of Heritage New Zealand Pouhere Taonga; or (f) alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by 25 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; or 30 (g) intentionally takes or removes, or causes to be taken or removed, any property or thing vested in or under the control of Heritage New Zealand Pouhere Taonga from any land or building vested in or under the control of Heritage New Zealand Pouhere Taonga; or 35 (h) receives any property or thing vested in or under the control of Heritage New Zealand Pouhere Taonga, knowing the property or thing to have been removed unlawfully from any land or building vested in or under

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the control of Heritage New Zealand Pouhere Taonga; or (i) fails to comply with an order made under section 91(2); or (j) fails to carry out pest and weed control, maintain land 5 in a clean and safe condition, or take any necessary protective measures, as required by section 91(4)(c). (2) Every person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding— (a) $3,750 in the case of a natural person: 10 (b) $7,500 in the case of a person other than a natural person.

Remedies 90 Injunctions to restrain commission of offences (1) The District Court may, on an application by Heritage New 15 Zealand Pouhere Taonga, grant an injunction to restrain a person from committing an offence under this Part. (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 20 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. 25

91 Environment Court may stay exercise of rights (1) This section applies if— (a) land or a place is subject to— (i) a requirement for a heritage order notified by Heritage New Zealand Pouhere Taonga under 30 Part 8 of the Resource Management Act 1991; or (ii) a heritage order for which Heritage New Zealand Pouhere Taonga has responsibility; or (iii) interim registration under this Act; and 35

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(b) the owner or occupier of that land or place is convicted of an offence against— (i) section 338(1)(a) of the Resource Management Act 1991 (which is an offence against section 9(2) of that Act); or 5 (ii) section 88 (which is an offence in respect of a historic place or wāhi tapu). (2) The Environment Court may by order suspend, for any period that it thinks fit not exceeding 5 years,— (a) the exercise of any rights under a resource consent 10 granted to the owner or occupier for that land; or (b) the carrying out of any activity that the owner or occupier is permitted to carry out under a district plan; or (c) all such rights and activities. (3) Subsection (2) does not limit the penalty that may be im- 15 posed under the provisions referred to in subsection (1)(b). (4) While an order for suspension remains in force for a resource consent, the following provisions apply to that consent and the land to which it applies: (a) no rights that relate to heritage matters within the scope 20 of the requirement, heritage order, or interim registration may be exercised under the suspended consent: (b) any activity in respect of the land or place for which other resource consents could be sought is deemed to be a prohibited activity if the activity would nullify the 25 effect of the order made under subsection (2): (c) the holder must— (i) carry out any pest and weed control measures on the land in accordance with any heritage order applying to the land; and 30 (ii) take other measures that may be necessary to maintain the land in a clean and safe condition; and (iii) take other measures as may be necessary to protect either— 35 (A) the place and surrounding area specified in the requirement for a heritage order or specified in the heritage order; or

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(B) the place or wāhi tapu for which interim registration is proposed. (5) Despite anything in this section, the owner or occupier of land subject to a court order may enter into an agreement with the relevant territorial authority to develop a public amenity on 5 the land in accordance with any heritage order applying to the land. (6) Before the territorial authority enters into an agreement under subsection (5), it must consult Heritage New Zealand Pouhere Taonga. 10 (7) For the purposes of this section, a right exercisable under a resource consent includes (but is not limited to) the right to carry out all or any of the following: (a) any work authorised on the land concerned, including— (i) the construction of a new building, structure, or 15 other fixture; and (ii) alteration or extension to an existing building, structure, or other fixture on that land: (b) any subdivision of the land: (c) any use of the land that is permissible under section 9 20 of the Resource Management Act 1991.

92 Strict liability and defences (1) In a prosecution for an offence against section 84, 85, or 88, it is not necessary to prove that the defendant intended to commit the offence. 25 (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 30 damage to property or any historic place 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 35 mitigated or remedied by the defendant after it occurred; or

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(b) the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sab- otage, and in each case— (i) the action or event could not reasonably have 5 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. 10 (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); 15 and (b) specifying the facts that support his or her reliance on that subsection.

93 Offender to give name and address (1) If a person is found offending against this Act, an individual 20 referred to in paragraphs (a) to (d) may require the person offending to stop offending immediately and give his or her name and address: (a) a constable: (b) a named officer or employee of Heritage New Zealand 25 Pouhere Taonga: (c) a person authorised in writing for the purpose by Her- itage New Zealand Pouhere Taonga: (d) any employee of the department who is authorised in writing for the purpose by the chief executive. 30 (2) The person offending commits an offence if, when requested, he or she— (a) fails to give his or her name or address; or (b) gives a false name or address; or (c) wilfully continues offending. 35 (3) Every person who commits an offence against this section is liable, on summary conviction, to a fine not exceeding $2,000.

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(4) Heritage New Zealand Pouhere Taonga may apply to the court for an injunction to restrain any person from breaching a duty or obligation imposed on that person by or under this Act if— (a) that person has threatened to commit, or is already committing, the breach; or 5 (b) Heritage New Zealand Pouhere Taonga has reasonable cause to believe that such a breach is likely to occur.

94 Time within which information may be laid Despite the Summary Proceedings Act 1957, information in respect of any offence against this Act may be laid at any time 10 within 12 months after the time the offence was committed.

Subpart 2—Miscellaneous matters Transfer of land, or contributions, to Heritage New Zealand Pouhere Taonga 95 Contributions to funds of Heritage New Zealand Pouhere 15 Taonga For the purpose of providing funds for the exercise of the functions of Heritage New Zealand Pouhere Taonga,— (a) a local authority or public body of any kind may, out of its general fund or account, make any contributions to 20 Heritage New Zealand Pouhere Taonga that it thinks fit: (b) a university may, with the consent of the Minister of Education, make any contributions to Heritage New Zealand Pouhere Taonga that it thinks fit.

96 Local authorities may transfer land to Heritage New 25 Zealand Pouhere Taonga (1) Despite anything in any enactment, any local authority (within the meaning of the Local Government Act 2002) may con- vey or transfer any land (not being a public reserve within the meaning of the Reserves Act 1977) to Heritage New Zealand 30 Pouhere Taonga. (2) Heritage New Zealand Pouhere Taonga may accept that land and hold it for the purposes of this Act.

73 Part 5 cl 97 Heritage New Zealand Pouhere Taonga Bill

Regulations 97 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: 5 (a) prescribing— (i) offences for the contravention of, or non-compliance with, any regulations made under this Act; and (ii) fines not exceeding $5,000 in respect of those 10 offences: (b) prescribing— (i) the form or content of applications, notices, or any other documentation or information as may be required under this Act; and 15 (ii) the manner in which such documentation is to be provided: (c) prescribing administrative charges for the matters set out in section 12(1)(k)(i) and (ii): (d) providing for discounts on administrative charges im- 20 posed under section 12(1)(l) if and when Heritage New Zealand Pouhere Taonga is responsible for an application for an authority not being dealt with in accordance with the time limits prescribed by or under this Act: 25 (e) prescribing time limits for actions to be taken or decisions to be made that are not otherwise provided for in this Act: (f) prescribing criteria for the purposes of section 64(2)(l) and (m): 30 (g) providing for such other matters as may be contem- plated by or necessary for giving full effect to this Act and its administration.

Savings and transitional provisions 98 References to Trust 35 (1) On and from the commencement of this Act, a reference to the New Zealand Historic Places Trust (express or implied) in

74 Heritage New Zealand Pouhere Taonga Bill Part 5 cl 100

any enactment, or in any instrument, register, agreement, deed, lease, application, notice, or other document in force immediately before the commencement of this Act, must, unless the context requires otherwise, be read as a reference to Heritage New Zealand Pouhere Taonga. 5 (2) The Registrar-General and other persons with responsibility for keeping records or registers are not obliged, solely because of any provision in this Act, to change a name in those records or registers or in any document.

99 Expiry of term of office 10 On and from the commencement of this Act, the term of office expires— (a) for every member of the New Zealand Historic Places Trust— (i) elected or appointed under section 42 of the His- 15 toric Places Act 1993; and (ii) holding office immediately before the commencement of this Act; and (b) for every member of the Council who held office immediately before the commencement of this Act. 20

100 Branch committees dissolved On and from the commencement of this Act,— (a) the branch committees established under rules made under section 60 of the Historic Places Act 1993 (the Committees) and existing immediately before the com- 25 mencement of this Act are dissolved; and (b) the term of office of every member of those Committees expires; and (c) any property, information, and other assets of the Com- mittees vest in Heritage New Zealand Pouhere Taonga 30 under this Act; and (d) any money payable to or by the Committees under the Historic Places Act 1993 becomes payable to or by Her- itage New Zealand Pouhere Taonga under this Act; and (e) the liabilities, contracts, rights, entitlements, and au- 35 thorities of the Committees are transferred to Heritage New Zealand Pouhere Taonga under this Act.

75 Part 5 cl 101 Heritage New Zealand Pouhere Taonga Bill

101 General transitional provision All matters to which the Historic Places Act 1993 applied that were, immediately before the commencement of this Act, commenced but not completed under the Historic Places Act 1993 are to be continued and completed by Heritage New 5 Zealand Pouhere Taonga under that Act as if it had not been repealed.

102 Continuation of proceedings (1) This section applies to proceedings commenced under the His- toric Places Act 1993 before the commencement of this Act, 10 but not finally determined or withdrawn before that date. (2) Proceedings to which this section applies continue under this Act as if they had been commenced under this Act (whether the hearing of the proceedings commenced before or after the commencement of this Act). 15

Notices 103 Giving of notices (1) If a notice or other document is to be given to a person under this Act, it must be given in writing— (a) by personal service; or 20 (b) by registered post addressed to the person at the person’s usual or last known place of business or residence; or (c) by service on the person’s lawyer or another person authorised to act on behalf of that person; or 25 (d) by electronic transmission to the person or that person’s lawyer or another person authorised to act on behalf of that person, including transmission by fax, electronic mail, or electronic data transfer. (2) A notice or document sent by post or registered post is deemed 30 to have been received 7 days after the date on which it was posted, unless the person to whom it was sent proves that, other than through that person’s fault, the notice or document was not received.

76 Heritage New Zealand Pouhere Taonga Bill Part 5 cl 106

Repeal, revocation, and consequential amendments 104 Repeal The Historic Places Act 1993 (1993 No 38) is repealed.

105 Revocation 5 The Historic Places Trust Elections Regulations 1993 (SR 1993/302) are revoked.

106 Consequential amendments The enactments specified in the Schedule are consequentially amended in the manner set out in that schedule. 10

77 Schedule Heritage New Zealand Pouhere Taonga Bill

Schedule s 106 Enactments consequentially amended Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98) Definition of Historic Places Trust in section 10: repeal. Section 10: insert in its appropriate alphabetical order: 5 “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 28(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 10 Section 31: repeal and substitute: “31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 15 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory ac- 20 knowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknow- 25 ledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision. “(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 30 2011.” Section 34(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 34(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. 35

78 Heritage New Zealand Pouhere Taonga Bill Schedule

Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98)—continued

Section 135(2): omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”.

Building Act 2004 (2004 No 72) Section 35(1)(f): omit “the New Zealand Historic Places Trust” and 5 substitute “Heritage New Zealand Pouhere Taonga”. Heading to section 39: omit “New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 39(1)(b) and (2): omit “the New Zealand Historic Places Trust” and substitute in each case “Heritage New Zealand Pouhere 10 Taonga”. Section 51(1)(ba): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 125(2)(f): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 15 Section 155(2)(f): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”.

Burial and Cremation Act 1964 (1964 No 75) Section 45(2A): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 20

Canterbury Earthquake Recovery Act 2011 (2011 No 12) Section 71(3)(h): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”.

Central North Island Forests Land Collective Settlement Act 2008 (2008 No 99) 25 Clause 2(5) of Schedule 2: omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”.

79 Schedule Heritage New Zealand Pouhere Taonga Bill

Conservation Act 1987 (1987 No 65) Definition of historic resource in section 2(1): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Section 23(1)(d): omit “section 6 of the Historic Places Act 1993” 5 and substitute “section 37 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 65(7)(b): repeal.

Crown Entities Act 2004 (2004 No 115) Item relating to the New Zealand Historic Places Trust (Pouhere 10 Taonga) in Part 2 of Schedule 1: omit. Part 2 of Schedule 1: insert in its appropriate alphabetical order: Exemption from section Exemption from acquisition of 165 (net surplus securities, borrowing, guarantee, payable to Name and derivative rules Crown) s 161 s 162 s 163 s 164 Heritage New Zealand Pouhere Taonga

Crown Pastoral Land Act 1998 (1998 No 65) Paragraph (b) of the definition of protective mechanism in section 2: omit “section 6 of the Historic Places Act 1993” and substitute “sec- 15 tion 37 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 40(5): omit “section 6 of the Historic Places Act 1993” and substitute “section 37 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 40(5): omit “the New Zealand Historic Places Trust” and 20 substitute “Heritage New Zealand Pouhere Taonga”. Section 80(6): omit “section 6 of the Historic Places Act 1993” and substitute “section 37 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 80(6)(b): omit “the New Zealand Historic Places Trust” and 25 substitute “Heritage New Zealand Pouhere Taonga”.

80 Heritage New Zealand Pouhere Taonga Bill Schedule

Environment Act 1986 (1986 No 127) Item relating to the Historic Places Act 1993 in the Schedule: omit. Schedule: insert in its appropriate alphabetical order “The Heritage New Zealand Pouhere Taonga Act 2011”.

Estate and Gift Duties Act 1968 (1968 No 35) 5 Section 73(2)(a): repeal and substitute: “(a) any gift to Heritage New Zealand Pouhere Taonga for the purposes of the Heritage New Zealand Pouhere Taonga Act 2011:”.

Fiordland (Te Moana o Atawhenua) Marine Management Act 10 2005 (2005 No 36) Item relating to section 20.1 of the Southland Regional Coastal Plan in Schedule 12: omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”.

Hauraki Gulf Marine Park Act 2000 (2000 No 1) 15 Section 35(2)(c): omit “section 6 of the Historic Places Act 1993” and substitute “section 37 of the Heritage New Zealand Pouhere Taonga Act 2011”. Item relating to the Historic Places Act 1993 in Schedule 1: omit. Schedule 1: insert in its appropriate alphabetical order “Heritage 20 New Zealand Pouhere Taonga Act 2011”.

Land Transport Management Act 2003 (2003 No 118) Section 18(h): repeal and substitute: “(h) Heritage New Zealand Pouhere Taonga; and”. Section 65H(g): repeal and substitute: 25 “(g) Heritage New Zealand Pouhere Taonga; and”. Section 78(1)(f): repeal and substitute: “(f) Heritage New Zealand Pouhere Taonga; and”.

81 Schedule Heritage New Zealand Pouhere Taonga Bill

Local Authorities (Members’ Interests) Act 1968 (1968 No Item relating to the New Zealand Historic Places Trust in Part 2 of Schedule 1: omit. Part 2 of Schedule 1: insert in its appropriate alphabetical order: Heritage New Zealand Pouhere Taonga Heritage New Zealand Pouhere Taonga Act 2011 (2011 No )

Local Government (Rating) Act 2002 (2002 No 6) 5 Clause 5(a) of Schedule 1: repeal and substitute: “(a) Heritage New Zealand Pouhere Taonga:”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) Section 9: definition of wāhi tapu and wāhi tapu area: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of 10 the Heritage New Zealand Pouhere Taonga Act 2011”. Section 81(3): omit “Historic Places Act 1993” and substitute “Her- itage New Zealand Pouhere Taonga Act 2011”. Section 81(3)(a): omit “section 6” and substitute “section 37”. Section 81(3)(b): omit “section 26” and substitute “section 68”. 15 Section 85(5)(b): omit “the Historic Places Act 1993” and substitute “the Heritage New Zealand Pouhere Taonga Act 2011”. Heading to section 89: omit “New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 89: omit “the New Zealand Historic Places Trust (the Trust)” 20 and substitute ““Heritage New Zealand Pouhere Taonga”. Section 89(a): omit “the Trust” in each place where it appears and substitute in each case “Heritage New Zealand Pouhere Taonga”. Section 89(a): omit “section 14 of the Historic Places Act 1993” and substitute “section 46 of the Heritage New Zealand Pouhere Taonga 25 Act 2011”. Section 89(b): omit “section 20” and substitute “section 56”. Section 89(b): omit “the Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 110(3)(b)(ii): omit “New Zealand Historic Places Trust” and 30 substitute “Heritage New Zealand Pouhere Taonga”.

82 Heritage New Zealand Pouhere Taonga Bill Schedule

Mauao Historic Reserve Vesting Act 2008 (2008 No 31) Section 5(1)(c): omit “Historic Places Act 1993” and substitute “Her- itage New Zealand Pouhere Taonga Act 2011”.

National Parks Act 1980 (1980 No 66) Section 77: omit “Historic Places Act 1980” and substitute “Heritage 5 New Zealand Pouhere Taonga Act 2011”.

Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84) Definition of archaeological site in section 12: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. 10 Definition of Historic Places Trust in section 12: repeal. Section 12: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. 15 Section 41(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 44: repeal and substitute: “44 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements 20 If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising 25 its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- 30 itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.” 35

83 Schedule Heritage New Zealand Pouhere Taonga Bill

Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84)—continued

Section 47(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 47(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”.

Ngāi Tahu Claims Settlement Act 1998 (1998 No 97) 5 Section 8: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 151(2): omit “the Historic Places Trust” and substitute “Her- 10 itage New Zealand Pouhere Taonga”. Section 152(2): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 210: repeal and substitute: “210 Heritage New Zealand Pouhere Taonga and Environment 15 Court to have regard to statutory acknowledgements “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— 20 “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 25 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether Te Rūnanga o 30 Ngāi Tahu is a person directly affected by the decision. “(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.”

84 Heritage New Zealand Pouhere Taonga Bill Schedule

Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)—continued

Section 211(1) and (2): omit “the Historic Places Trust” and substitute in each case “Heritage New Zealand Pouhere Taonga”. Section 215(b): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Paragraph (b) of the section headed “Purposes of Statutory Ac- 5 knowledgement” in Schedules 14 to 77, 100 to 104, and 108: omit “the Historic Places Trust” and substitute in each case “Heritage New Zealand Pouhere Taonga”.

Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129) 10 Definition of Historic Places Trust in section 10: repeal. Section 10: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. 15 Section 28(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 31: repeal and substitute: “31 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement 20 “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising 25 its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- 30 itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision. 35

85 Schedule Heritage New Zealand Pouhere Taonga Bill

Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129)—continued

“(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.” Section 34(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. 5 Section 34(2)(d): repeal and substitute: “(d) Heritage New Zealand Pouhere Taonga:”. Section 35(2): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 83(a): omit “section 2 of the Historic Places Act 1993” and 10 substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”.

Ngāti Awa Claims Settlement Act 2005 (2005 No 28) Definition of archaeological site in section 12: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage 15 New Zealand Pouhere Taonga Act 2011”. Definition of Historic Places Trust in section 12: repeal. Section 12: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand 20 Pouhere Taonga Act 2011”. Section 41(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 44: repeal and substitute: “44 Heritage New Zealand Pouhere Taonga and Environment 25 Court to have regard to statutory acknowledgements If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— 30 “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and

86 Heritage New Zealand Pouhere Taonga Bill Schedule

Ngāti Awa Claims Settlement Act 2005 (2005 No 28)—continued

“(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in 5 making a determination as to whether the Ngāti Awa governance entity is a person directly affected by the decision.” Section 47(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. 10 Section 47(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. Paragraph (b)(i) of the definition of protected site in section 139: omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. 15 Paragraph (a) of the section headed “Purposes of statutory acknowledgement” in Schedules 4 to 14: omit “the New Zealand Historic Places Trust” and substitute in each case “Heritage New Zealand Pouhere Taonga”.

Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61) 20 Definition of archaeological site in section 12: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. Definition of Historic Places Trust in section 12: repeal. Section 12: insert in its appropriate alphabetical order: 25 “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 49(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 30

87 Schedule Heritage New Zealand Pouhere Taonga Bill

Ngāti Mutunga Claims Settlement Act 2006 (2006 No 61)—continued

Section 52: repeal and substitute: “52 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 5 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory ac- 10 knowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknow- 15 ledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision.” Section 55(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. 20 Section 55(2)(d): repeal and substitute: “(d) Heritage New Zealand Pouhere Taonga:”. Section 24(5) of the Reserves Act 1977 set out in Schedule 5: omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 25

Ngati Ruanui Claims Settlement Act 2003 (2003 No 20) Definition of archaeological site in section 12: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 12: insert in its appropriate alphabetical order: 30 “Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”.

88 Heritage New Zealand Pouhere Taonga Bill Schedule

Ngati Ruanui Claims Settlement Act 2003 (2003 No 20)—continued

Section 89(1)(a): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 92: repeal and substitute: “92 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements 5 If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising 10 its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- 15 itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.” 20 Section 95(1): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 95(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. Paragraph (a) of the section headed “Purposes of statutory acknow- 25 ledgement” in Schedules 5 to 9: omit “the New Zealand Historic Places Trust” and substitute in each case “Heritage New Zealand Pouhere Taonga”.

Ngati Tama Claims Settlement Act 2003 (2003 No 126) Definition of archaeological site in section 9: omit “section 2 of the 30 Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. Definition of Historic Places Trust in section 9: repeal.

89 Schedule Heritage New Zealand Pouhere Taonga Bill

Ngati Tama Claims Settlement Act 2003 (2003 No 126)—continued

Section 9: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 54(1)(a): omit “the Historic Places Trust” and substitute 5 “Heritage New Zealand Pouhere Taonga”. Section 57: repeal and substitute: “57 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements If, on or after the effective date, an application is made under 10 section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to 15 the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the 20 application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.” Section 60(1): omit “the Historic Places Trust” and substitute “Her- 25 itage New Zealand Pouhere Taonga”. Section 60(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. Paragraph (a) of the section headed “Purposes of statutory acknowledgement” in Schedules 3 to 14: omit “the Historic Places Trust” and 30 substitute in each case “Heritage New Zealand Pouhere Taonga”.

90 Heritage New Zealand Pouhere Taonga Bill Schedule

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72) Definition of archaeological site in section 12: omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. 5 Definition of Historic Places Trust in section 12: repeal. Section 12: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. 10 Section 38(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 41: repeal and substitute: “41 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements 15 If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising 20 its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- 25 itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the governance entity is a person directly affected by the decision.” 30 Section 44(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 44(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. Section 125(3)(a): omit “Historic Places Act 1993” and substitute 35 “Heritage New Zealand Pouhere Taonga Act 2011”. Paragraph (a) of the section headed “Purposes of statutory acknowledgement” in Schedules 4 to 8: omit “the New Zealand Historic

91 Schedule Heritage New Zealand Pouhere Taonga Bill

Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72)—continued

Places Trust” and substitute in each case “Heritage New Zealand Pouhere Taonga”.

Ombudsmen Act 1975 (1975 No 9) Item relating to the New Zealand Historic Places Trust (Pouhere Taonga) in Part 2 of Schedule 1: omit. 5 Part 2 of Schedule 1: insert in its appropriate alphabetical order “Her- itage New Zealand Pouhere Taonga”.

Overseas Investment Act 2005 (2005 No 82) Section 17(2)(d)(ii): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. 10 Table 1 in Part 1 of Schedule 1: omit “the Historic Places Trust under the Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2011”. Table 1 in Part 1 of Schedule 1: omit “Historic Places Act 1993” and 15 substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Table 2 in Part 1 of Schedule 1: omit “the Historic Places Trust under the Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga under the Heritage New Zealand Pouhere Taonga Act 2011”. 20 Table 2 in Part 1 of Schedule 1: omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”.

Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (2009 No 26) Definition of Historic Places Trust in section 7: repeal. 25 Section 7: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 24(1)(a): omit “the Historic Places Trust” and substitute 30 “Heritage New Zealand Pouhere Taonga”.

92 Heritage New Zealand Pouhere Taonga Bill Schedule

Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 (2009 No 26)—continued

Section 27: repeal and substitute: “27 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 5 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory ac- 10 knowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknow- 15 ledgement relating to the statutory area, including in making a determination as to whether the trustees are persons directly affected by the decision. “(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 20 2011.” Section 30(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 30(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”. 25

Pouakani Claims Settlement Act 2000 (2000 No 90) Section 9: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. 30 Section 36(b): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”.

93 Schedule Heritage New Zealand Pouhere Taonga Bill

Pouakani Claims Settlement Act 2000 (2000 No 90)—continued

Section 40: repeal and substitute: “40 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 5 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory ac- 10 knowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknow- 15 ledgement relating to the Crown-owned area of Titi- raupenga, including in making a determination as to whether the Pouakani governance entity is a person directly affected by the decision. “(2) In this section, archaeological site has the meaning given in 20 section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.” Section 41(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 41(2)(c): repeal and substitute: 25 “(c) Heritage New Zealand Pouhere Taonga; and”. Paragraph (b) of the section headed “Purposes of statutory acknowledgement” in Schedule 3: omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”.

Protected Objects Act 1975 (1975 No 41) 30 Section 11(3): omit “the New Zealand Historic Places Trust under section 44 of the Historic Places Act 1980” and substitute “Heritage New Zealand Pouhere Taonga under section 54 of the Heritage New Zealand Pouhere Taonga Act 2011”.

94 Heritage New Zealand Pouhere Taonga Bill Schedule

Protected Objects Act 1975 (1975 No 41)—continued

Section 14(2)(b): omit “Historic Places Act 1980” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Section 14(5): omit “Historic Places Act 1980” and substitute “Her- itage New Zealand Pouhere Taonga Act 2011”. Section 15(5)(a): omit “Historic Places Act 1980” and substitute 5 “Heritage New Zealand Pouhere Taonga Act 2011”. Clause 6 of Schedule 4: omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”.

Public Audit Act 2001 (2001 No 10) Schedule 2: omit “New Zealand Historic Places Trust”. 10 Schedule 2: insert in its appropriate alphabetical order “Heritage New Zealand Pouhere Taonga”.

Reserves Act 1977 (1977 No 66) Definition of New Zealand Historic Places Trust in section 2(1): repeal. 15 Section 2(1): insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 4(1): omit “Historic Places Act 1993” and substitute “Her- 20 itage New Zealand Pouhere Taonga Act 2011”. Section 13(4): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 17(2)(b): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. 25 Section 18(2): omit “Historic Places Act 1993” and substitute “Her- itage New Zealand Pouhere Taonga Act 2011”. Section 19(2)(d): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Section 20(2)(d): omit “Historic Places Act 1993” and substitute 30 “Heritage New Zealand Pouhere Taonga Act 2011”. Section 21(2)(c): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”.

95 Schedule Heritage New Zealand Pouhere Taonga Bill

Reserves Act 1977 (1977 No 66)—continued

Section 22(4)(a): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Section 23(2)(a): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. Section 24(5): omit “the New Zealand Historic Places Trust” and 5 substitute “Heritage New Zealand Pouhere Taonga”. Section 78(2)(b): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 78(2)(b): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. 10

Resource Management Act 1991 (1991 No 69) Section 11(1)(cc): omit “the New Zealand Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 11(1)(cc): omit “Historic Places Act 1993” and substitute “Heritage New Zealand Pouhere Taonga Act 2011”. 15 Section 61(2)(a)(iia): omit “Historic Places Register” and substitute “Register required by the Heritage New Zealand Pouhere Taonga Act 2011”. Section 66(2)(c)(iia): omit “Historic Places Register” and substitute “Register required by the Heritage New Zealand Pouhere Taonga Act 20 2011”. Section 74(2)(b)(iia): omit “Historic Places Register” and substitute “Register required by the Heritage New Zealand Pouhere Taonga Act 2011”. Section 87B(4): omit “section 105(2)(b) of the Historic Places Act 25 1993” and substitute “section 91(4)(b) of the Heritage New Zealand Pouhere Taonga Act 2011”. Paragraph (c) of the definition of heritage protection authority in section 187: repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga, in so far as it 30 exercises its powers under section 12(1)(j) of the Her- itage New Zealand Pouhere Taonga Act 2011:”.

96 Heritage New Zealand Pouhere Taonga Bill Schedule

Resource Management Act 1991 (1991 No 69)—continued

Section 422(6)(b): repeal and substitute: “(b) Heritage New Zealand Pouhere Taonga established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011—”.

Te Arawa Lakes Settlement Act 2006 (2006 No 43) 5 Definition of Historic Places Trust in section 11: repeal. Section 11: insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. 10 Section 18(2): omit “Historic Places Act 1993” and substitute “Her- itage New Zealand Pouhere Taonga Act 2011”. Section 61(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 64: repeal and substitute: 15 “64 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may 20 harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and 25 “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in 30 making a determination as to whether the Trustees of the Lake Te Arawa Lakes Trust are persons directly affected by the decision.

97 Schedule Heritage New Zealand Pouhere Taonga Bill

Te Arawa Lakes Settlement Act 2006 (2006 No 43)—continued

“(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.” Section 67(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. 5 Section 67(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”.

Te Roroa Claims Settlement Act 2008 (2008 No 100) Definition of Historic Places Trust in section 10: repeal. Section 10: insert in its appropriate alphabetical order: 10 “Heritage New Zealand Pouhere Taonga means the entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2011”. Section 69(1)(a): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. 15 Section 72: repeal and substitute: “72 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements “(1) If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 20 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising its powers under section 46 of that Act in relation to the application, must have regard to the statutory ac- 25 knowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknow- 30 ledgement relating to the statutory area, including in making a determination as to whether the trustees of the Manawhenua Trust are persons directly affected by the decision.

98 Heritage New Zealand Pouhere Taonga Bill Schedule

Te Roroa Claims Settlement Act 2008 (2008 No 100)—continued

“(2) In this section, archaeological site has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011.” Section 75(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. 5 Section 75(2)(c): repeal and substitute: “(c) Heritage New Zealand Pouhere Taonga:”.

Te Uri o Hau Claims Settlement Act 2002 (2008 No 36) Definition of archaeological site in section 57(1): omit “section 2 of the Historic Places Act 1993” and substitute “section 6 of the 10 Heritage New Zealand Pouhere Taonga Act 2011”. Section 57(1): insert in its appropriate alphabetical order: “Heritage New Zealand Pouhere Taonga has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2011”. 15 Section 58(1)(b): omit “the Historic Places Trust” and substitute “Heritage New Zealand Pouhere Taonga”. Section 62: repeal and substitute: “62 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements 20 If, on or after the effective date, an application is made under section 42 of the Heritage New Zealand Pouhere Taonga Act 2011 for an authority to undertake an activity that will or may harm an archaeological site within a statutory area,— “(a) Heritage New Zealand Pouhere Taonga, in exercising 25 its powers under section 46 of that Act in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area; and “(b) the Environment Court, in determining under section 57(1) of that Act any appeal against a decision of Her- 30 itage New Zealand Pouhere Taonga in relation to the application, must have regard to the statutory acknowledgement relating to the statutory area, including in making a determination as to whether the Te Uri o Hau

99 Schedule Heritage New Zealand Pouhere Taonga Bill

Te Uri o Hau Claims Settlement Act 2002 (2008 No 36)—continued

governance entity is a person directly affected by the decision.” Section 65(1): omit “the Historic Places Trust” and substitute “Her- itage New Zealand Pouhere Taonga”. Section 65(2)(c): repeal and substitute: 5 “(c) Heritage New Zealand Pouhere Taonga:”.

Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (2010 No 24) Section 17(7)(e): repeal and substitute: “(e) Heritage New Zealand Pouhere Taonga Act 2011:”. 10

Wellington, New Zealand: Published under the authority of the New Zealand Government—2011

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