A heritage protection authority is a body that can give notice to a local council of a requirement for a heritage order to protect the special heritage qualities of a place or structure.
Who can be a heritage protection authority?
All Ministers of the Crown, local authorities, and Heritage New Zealand Pouhere Taonga (Heritage New Zealand) are automatically heritage protection authorities under the Resource Management Act 1991 (RMA). This status is also reinforced for Heritage New Zealand by section 13 of the Heritage New Zealand Pouhere Taonga Act 2014. A body corporate having an interest in protecting a place may apply to the Minister for the Environment to become a heritage protection authority.
A body corporate includes:
a corporation sole
an incorporated society
a state owned enterprise
organisations set up under the Friendly Societies Act 1909 or the Industrial and Provident Societies Act 1908 or the Charitable Trusts Act 1957
incorporations and trusts set up under sections 215, 216, 217 and 247 of Te Ture Whenua Maori Act 1993
Maori Trust Boards set up under the Maori Trust Board legislation.
Approved heritage protection authorities
These are the entities that have been approved as heritage protection authorities:
Applications for heritage protection authority status must be made in the prescribed form [Form 25] of the Resource Management (Forms, Fees and Procedure) Regulations 2003 (SR 2003/153). A fee of $255.50 must accompany all applications. The Ministry for the Environment processes all applications and makes recommendations to the Minister.
Before approving a body corporate as a heritage protection authority, the Minister must be satisfied that:
the approval of the applicant as a heritage protection authority is appropriate for protecting the place that is subject to the application; and
the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under the RMA.
Any body corporate seeking status as a heritage protection authority must demonstrate that it is fully aware of the responsibilities and potential costs involved including on-going maintenance costs and the possibility of defending appeals.
A heritage protection authority that is a body corporate approved under section 188 must not give notice of a requirement for a heritage order in respect of any place or area of land that is private land.
The Minister also has the ability to:
revoke an organisation’s heritage protection authority status under section 188(6)
transfer a heritage order from one heritage protection authority to another under section 195B.