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

  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

  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)

  customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

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

  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

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

  historic area means an area of land that—

  • (a) contains an interrelated 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

  holder of an authority means the person to whom an authority is granted under section 14; 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

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

  occupier means the inhabitant occupier of any property

  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 in—

  • (a) 1 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) 1 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]

  register means the register established under section 22

  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

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

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

  Trust means the New Zealand Historic Places Trust continued by section 38

  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 1 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 20 December in any year and ending with 10 January in the following year.

  Section 2 chief executive: inserted, on 1 October 2000, by section 12 of the Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  Section 2 customary marine title area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

  Section 2 Director-General: repealed, on 1 October 2000, by section 12 of the Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  Section 2 Environment Court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 2 financial year: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 2 historic place paragraph (a): amended, on 1 August 2006, by section 4(2) of the Historic Places Amendment Act 2006 (2006 No 33).

  Section 2 historic place paragraph (a)(iii): amended, on 1 August 2006, by section 4(1) of the Historic Places Amendment Act 2006 (2006 No 33).

  Section 2 historic place paragraph (a)(iv): inserted, on 1 August 2006, by section 4(1) of the Historic Places Amendment Act 2006 (2006 No 33).

  Section 2 Minister: substituted, on 1 October 2000, by section 12 of the Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

  Section 2 occupier: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

  Section 2 planning document: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

  Section 2 Planning Tribunal: repealed, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 2 regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

  Section 2 regional council paragraph (b): repealed, on 1 August 2006, by section 4(3) of the Historic Places Amendment Act 2006 (2006 No 33).

  Section 2 statutory acknowledgement: inserted, on 1 October 1998, by section 227 of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

  Section 2 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

  Section 2 working day paragraph (b): amended, on 1 August 2006, by section 4(4) of the Historic Places Amendment Act 2006 (2006 No 33).