New Zealand Legislation: Acts

2 Interpretation

• In this Act, unless the context otherwise requires,—

  Archaeological site means any place in New Zealand that—

  • (a) Either—

    • (i) Was associated with human activity that occurred before 1900; or

    • (ii) Is the site of the wreck of any vessel where that wreck occurred before 1900; and

  • (b) Is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand:

  Board means the New Zealand Historic Places Board of Trustees continued by section 40 of this Act

  chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  chief executive: this definition was inserted, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  Conservation includes the processes of preserving, maintaining, and restoring historic places and historic areas so as to safeguard their historical and cultural values

  Council means the Maori Heritage Council established by section 84(1) of this Act

  Director-General

  [Repealed]

  Director-General: this definition was repealed, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  Environment Court means the Environment Court continued by section 247 of the Resource Management Act 1991

  Environment Court: this definition was inserted, as from 2 September 1996 pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

  financial year means the 12 months ending on the close of 30 June or any other date determined for the Trust by the Minister of Finance.

  Financial year: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

  Heritage order has the same meaning as in the Resource Management Act 1991

  Historic area means an area of land that—

  • (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—

  • (a) Means—

    • (i) Any land (including an archaeological site); or

    • (ii) Any building or structure (including part of a building or structure); or

    • (iii) Any combination of land and a building or structure; or

    • (iv) any combination of land, buildings or structures, and associated buildings or structures (including any part of those buildings or structures, or associated buildings or structures)

    that forms a place that is part of the historical and cultural heritage of New Zealand and lies within the territorial limits of New Zealand; and

  • (b) Includes anything that is in or fixed to such land:

  Historic place: paragraph (a) of this definition was amended, as from 1 August 2006, by section 4(2) Historic Places Amendment Act 2006 (2006 No 33) by inserting the words “a place that is” after the word “forms”. See section 26 of that Act as to the transitional provisions.

  Historic place: paragraph (a)(iii) of this definition was amended, as from 1 August 2006, by section 4(1) Historic Places Amendment Act 2006 (2006 No 33) by inserting the expression “; or”. See section 26 of that Act as to the transitional provisions.

  Historic place: paragraph (a)(iv) of this definition was inserted, as from 1 August 2006, by section 4(1) Historic Places Amendment Act 2006 (2006 No 33). See section 26 of that Act as to the transitional provisions.

  Holder of an authority means the person to whom an authority is granted under section 14 of this Act; and holder has a corresponding meaning

  Land includes land covered by water and the air space above land

  Local authority means a regional council or territorial authority

  Maori Heritage Council means the Maori Heritage Council established by section 84 of this Act

  Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  Minister: this definition was substituted, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  occupier means the inhabitant occupier of any property

  Occupier: this definition was substituted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2003 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

  Planning tribunal

  [Repealed]

  Planning Tribunal: this definition was repealed, as from 2 September 1996 pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

  Public notice means a notice published in—

  • (a) One or more daily newspapers circulating in the region or district in which the historic place, historic area, wahi tapu, or wahi tapu area concerned is situated; or

  • (b) One or more other newspapers that have at least an equivalent circulation in that region or district to the daily newspapers circulating in that region or district,—

  together with such other public notice (if any) as the Trust thinks desirable in the circumstances; and publicly notify and public notification have corresponding meanings

  regional council—

  • (a) means a regional council within the meaning of the Local Government Act 2002; and

  • (b) [Repealed]

  Regional council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

  Regional council: paragraph (b) of this definition was repealed, as from 1 August 2006, by section 4(3) Historic Places Amendment Act 2006 (2006 No 33). See section 26 of that Act as to the transitional provisions.

  Register means the register established under section 22 of this Act

  Registered interest means any registered estate or interest in land under the Land Transfer Act 1952; and includes any mortgage or charge registered under that Act

  Registered place means a place registered under Part 2 of this Act

  Statutory acknowledgement means a statutory acknowledgement within the meaning of an Act specified in Schedule 11 of the Resource Management Act 1991

  Statutory acknowledgement: this definition was inserted, as from 1 October 1998, by section 227 Ngai Tahu Claims Settlement Act 1998 (1998 No 97). See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).

  territorial authority means a territorial authority within the meaning of the Local Government Act 2002

  Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

  Trust means the New Zealand Historic Places Trust continued by section 38 of this Act

  Wahi tapu means a place sacred to Maori in the traditional, spiritual, religious, ritual, or mythological sense

  Wahi tapu area means an area of land that contains one or more wahi 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 Waitangi Day; and

  • (b) A day in the period commencing with the 20th day of December in any year and ending with the 10th day of January in the following year.

  Working day: paragraph (b) of this definition was amended, as from 1 August 2006, by section 4(4) Historic Places Amendment Act 2006 (2006 No 33) by substituting the expression “10th” for the expression “15th” See section 26 of that Act as to the transitional provisions.