Historic Places Act 1993

  • repealed
  • Historic Places Act 1993: repealed, on 20 May 2014, by section 105 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Reprint as at 20 May 2014

Historic Places Act 1993

Public Act1993 No 38
Date of assent17 May 1993
Commencementsee section 1(2)
  • Historic Places Act 1993: repealed, on 20 May 2014, by section 105 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).


Note

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

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

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


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

4 Purpose and principles

Part 1
Protection of historic places

Heritage orders

5 Heritage orders

Heritage covenants

6 Heritage covenants

7 Effect of heritage covenants

8 District Land Registrar to register heritage covenants

Archaeological sites

9 Application of sections 10 to 20

10 Archaeological sites not to be destroyed, damaged, or modified

11 Application to destroy, damage, or modify archaeological site

12 Application for general authority to destroy, damage, or modify archaeological site

13 Investigation where no authority application lodged

14 Powers of Trust in relation to authority application

15 Conditions of authority

16 Review of conditions of authority

17 Rights and duties under authority applications

18 Investigation of archaeological sites

19 Advice to chief executive

Rights of appeal

20 Rights of appeal

20A Commencement of authority

Rights of entry

21 Rights of entry

Part 2
Registration of historic places, historic areas, wahi tapu, and wahi tapu areas

22 Register of historic places, historic areas, wahi tapu, and wahi tapu areas

23 Criteria for registration of historic places and historic areas

24 Provisions relating to historic places

25 Provisions relating to wahi tapu

26 Interim registration

27 Interim protection of places proposed for registration

28 Procedure if registration of historic place or wahi tapu proposed

29 Final registration may be confirmed by agreement [Repealed]

30 Final registration [Repealed]

31 Provisions relating to historic areas

32 Provisions relating to wahi tapu areas

32A Procedure if registration of historic area or wahi tapu area proposed

32B Registration may be confirmed by agreement

32C When registration occurs

32D Territorial authorities and regional councils must have particular regard to recommendations

33 Proposals affecting registered wahi tapu areas

34 Records to be supplied to territorial authorities

35 Notification to territorial authorities for land information memorandum and project information memorandum purposes

36 Availability of register

37 Review, variation, or removal of registration

37A Removal of registration in cases of destruction or demolition

Part 3
New Zealand Historic Places Trust (Pouhere Taonga) and Board of Trustees

Constitution of Trust and Board

38 New Zealand Historic Places Trust (Pouhere Taonga)

39 Functions of Trust

40 New Zealand Historic Places Board of Trustees

41 Board has functions and powers of Trust [Repealed]

42 Membership of Board

43 Term of office of elected members of Board

43A Extraordinary vacancies

44 Deputy Chairperson of Board [Repealed]

45 Resignation or removal from office [Repealed]

46 Leave of absence [Repealed]

47 Co-opted members [Repealed]

48 Extraordinary vacancies [Repealed]

49 Powers of Board not affected by vacancies [Repealed]

Conduct of business

50 Meetings of Board

51 Chief executive entitled to attend meetings of Board [Repealed]

52 Proceedings not affected by certain irregularities [Repealed]

53 Members of Board not personally liable [Repealed]

Powers of Trust

54 Powers of Trust

55 General rules as to delegation of functions or powers by Board

55A Additional powers of delegation in respect of Maori Heritage Council and branch committees

56 Delegation of functions or powers by chief executive officer [Repealed]

57 General policy for historic places, etc

58 Conservation plans

59 Contracts of Trust [Repealed]

60 Rules of Trust

Bylaws

61 Power to make bylaws

62 Procedure for making bylaws

63 Proof of bylaws

64 Trust to provide printed copies of bylaws

65 Penalty for breach of bylaws

Employees

66 Appointment of chief executive officer [Repealed]

67 Appointment of other employees [Repealed]

68 Personal liability [Repealed]

69 Personnel policy [Repealed]

70 Equal employment opportunities programme [Repealed]

71 Transitional provisions relating to employees

72 Contributors to Government Superannuation Fund

Financial provisions

73 Funds of Trust [Repealed]

74 Payment to and withdrawal from bank accounts [Repealed]

75 Unauthorised expenditure [Repealed]

76 Borrowing powers [Repealed]

77 Liability for debts of Trust [Repealed]

78 Investment of funds [Repealed]

79 Accounts [Repealed]

80 Exemption from income tax

81 Annual report [Repealed]

82 Contributions by territorial authorities, etc

83 Fees and travelling allowances [Repealed]

Part 4
Maori Heritage Council

84 Maori Heritage Council

85 Functions of Council

86 Powers of Council

87 Deputy Chairperson of Council

88 Resignation or removal from office

89 Leave of absence

90 Co-opted members

91 Extraordinary vacancies

92 Powers of Council not affected by vacancies

93 Meetings of Council

94 Chairperson of Board entitled to attend meetings of Council

95 Proceedings not affected by certain irregularities

96 Members of Council not personally liable

96A Fees and travelling allowances in respect of Council

Part 5
Offences

97 Offence of intentional destruction, damage, or modification

98 Offence of destruction, damage, or modification of land subject to heritage covenant

99 Offence of destruction, damage, or modification of archaeological site

100 Offence of breaching conditions of authority

101 Offence of refusing access, etc

102 Offence of carrying out archaeological investigation in breach of conditions or without written permission

103 Offence of destruction, damage, or modification while historic place or wahi tapu has interim registration

104 Other offences

105 Court may stay exercise of rights under resource consent

106 Strict liability and defences

107 Offender to give name and address

108 Time for filing charging document

Part 6
Miscellaneous provisions

109 Members and employees not in service of the Crown [Repealed]

110 Local authorities may transfer land to Trust

111 Notification to territorial authorities for land information memorandum and project information memorandum purposes [Repealed]

112 Service of documents

113 Regulations

Transitional provisions and consequential amendments

114 Registration or classification under former Act

115 Savings

116 Transitional provisions for applications relating to archaeological sites

117 Transitional Board of Trustees [Repealed]

118 Repeals and amendments [Repealed]

Schedule 1
Enactments repealed

Schedule 2
Enactments amended

Reprint notes


An Act—

  • (a) to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand; and

  • (b) to continue the New Zealand Historic Places Trust and the New Zealand Historic Places Board of Trustees with the functions and powers necessary for the full and proper attainment of the objectives of this Act; and

  • (c) to establish the Maori Heritage Council; and

  • (d) to amend and consolidate the Historic Places Act 1980