Designation And Heritage Orders Flashcards
What are designations and heritage orders?
Both relate to land use only, it will be a provision in a district plan.
•Designation is a provision inserted into a district plan to give effect to a requirement made by a requiring authority.
•Authorise a project work
•Can be obtained for any land whether or not owned by the applicant.
•Overrides any regulatory restrictions on land
•Probably overrides any unimplemented resource consents for the land
•HO is a provision inserted into a district plan to give affect to a requirement made by a heritage protection authority (HPA)
•Protects a place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to tangata whenua for spiritual, cultural or historical reasons.
•Can be obtained for and land whether or not owned by the applicant BUT NOT in relation to private land if HPA is a body corporate.
•Overrides any activities permitted by a plan or unimplemented resource consents (s 193)
Who is a requiring Authority? (s 167)
•Minister of the crown
•Local Authority
For a public work for which the minister or local authority is financially responsible.
•Network utility operator (or a body approved by the Minister for the Environment under s 167) approved as a requiring authority by the Minister for the Environment for
• a particular work or project or
• a particular “network utility operation” (eg energy, telecoms operations, airport operation, irrigation scheme)
Who is a Heritage Protection Authority?
•Minister of the crown
•Local authority
•Heritage NZ Pouhere Taonga
•Body corporate approved, in relation to a place under s 188 by Minister for the Environment of the Minister is satisfied that -
•approval of the applicant is appropriate for the protection of the place AND-
•the applicant is likely to carry out its responsibilities (including financial responsibilities) satisfactorily.
CURRENT HPAs: Royal forest and bird for Kaimaumau Wetland in Northland; The save Erskine College Trust; Orchid Council of NZ Inc for 16ha of Waimihia State Forest
(Tend to be private individuals who aren’t rich but t what to protect a place the deem important)
What is the standard process of giving a notice requirement?
(Designation or Heritage order)
Designations
A requiring authority may give notice to territorial authority of its requirement for a designation -
•For a project or work
•in respect of any land, water, subsoil or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of such a project or work.
Heritage orders
•A HPA may give notice to territorial authority of its requirement for a heritage order to protect
•A place of special interest
•An area surrounding that place as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place.
BUT If the HPA is a body corporate approved by the Minister, the place cannot be private land as defined s 189(1) & (6).
What is the process for Heritage orders and designations?
•Notice of requirement
•Further information requests
•Notification decision
•submissions if notified
•Hearings
•Consideration by territorial authority
•Territorial authority recommends decision to requiring authority
•Requiring authority/HPA decides whether or not to accept recommendation
What are the interim effects of requirement for Designation -s 178 and Heritage order -s 194?
DESIGNATION- s 178
From date notice of requirement is given
•Restricts people from doing anything that would prevent or hinder the public work or project or work.
•People need written consent of requiring authority.
•BUT an existing designation/HPA over same land prevails
HERITAGE ORDER - s 194
From date notice of requirement is given
•Restricts people from doing anything that would wholly or partially nullify the effect of the order
•People need written consent of heritage protection authority
•BUT an existing designation/HPA over same land prevails [s 193A]
What decision-making on designation and heritage orders can territorial authorities do?
•Territorial authority considers required matter -s 171 (designations) and a 191 (HOs)
•Territorial authority recommends requirement be confirmed, modified or withdrawn
•In recommendation, territorial authority can recommend conditions
•REQUIRING AUTHORITY OR HPA ACCEPTS OR REJECTS RECOMMENDATION
•Decision of requiring authority or HPA must be publicly notified and maybe appealed by the territorial authority or submitter
What’s a special condition that can be recommended by a territorial authority to the HPA?
Territorial authority may recommend -
• a condition that the HPA reimburse the owner of the place subject to the order for the cost of upkeep of the place following the order
• and any other conditions
What happens once an effect of a designation or heritage order is fully enforced?
DESIGNATION (s 176)
•Requiring authority that is responsible for a designation may do anything that is in accordance with the designation.
•No person may do anything to prevent the work etc authorised by the designation.
•Affect land may be compulsorily acquired under Public Works Act 1981 (s 186)
•Affected landowners may apply for order to have the land purchased (s 185)
HERITAGE ORDER (s 193)
No person may do anything that would wholly or partially nullify the effect of the HO, including -
•Undertaking any use of land.
•Subdividing any land.
•Changing the character, intensity or scale of the use of the land.
•Affected land maybe compulsorily acquired under Public Works Act 1981 (s 197)
•Affected landowners may apply for order to have the land purchased (s 198)
What are the costs incurred by Heritage Orders?
•Application fee.
•Council administrative fee for processing notice of requirement.
•Own fees at council and Environment court hearings.
•Possible award of costs against HPA by Environment court if unsuccessful.
•Reimbursement of owner for additional cost of upkeep of the place.
