New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 April 2011
| Public Act | 1993 No 38 |
| Date of assent | 17 May 1993 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry for Culture and Heritage.
1 Short Title and commencement
Part 1
Protection of historic places
7 Effect of heritage covenants
8 District Land Registrar to register heritage covenants
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
16 Review of conditions of authority
17 Rights and duties under authority applications
18 Investigation of archaeological sites
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
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29 Final registration may be confirmed by agreement [Repealed]
30 Final registration [Repealed]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
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
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)
40 New Zealand Historic Places Board of Trustees
41 Board has functions and powers of Trust [Repealed]
43 Term of office of elected members of Board
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]
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]
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
59 Contracts of Trust [Repealed]
62 Procedure for making bylaws
64 Trust to provide printed copies of bylaws
65 Penalty for breach of bylaws
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
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]
81 Annual report [Repealed]
82 Contributions by territorial authorities, etc
83 Fees and travelling allowances [Repealed]
87 Deputy Chairperson of Council
88 Resignation or removal from office
92 Powers of Council not affected by vacancies
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
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
105 Court may stay exercise of rights under resource consent
106 Strict liability and defences
107 Offender to give name and address
108 Time within which information may be laid
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]
Transitional provisions and consequential amendments
114 Registration or classification under former Act
116 Transitional provisions for applications relating to archaeological sites
117 Transitional Board of Trustees [Repealed]
118 Repeals and amendments [Repealed]
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
