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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Historic Places Act 1993

Historic Places Act 1993

SECTION

OBLIGATION TO MĀORI

14

Powers of Trust in relation to authorityapplication

(1)        On receipt of an application for an authority to destroy, damage, or modify any archaeological site or sites under section 11 or section 12, the Trust may, subject to subsection (3), exercise 1 or more of the following powers:

(a)        grant an authority in whole or in part, subject to such conditions as it sees fit;

(b)       decline to grant an authority in whole or in part;

(c)        exercise all or any of the powers specified in any of sections 5, 16, 17, 18, and 21.

....

(9)      The Trust shall advise the appropriate local authority of any decision made under subsection (1).

22

Register of historic places, historic areas, wāhi tapu, and wāhi tapuareas

(1)        The Trust shall establish and maintain a register of historic places, historic areas, wāhi tapu, and wāhi tapu areas.

(2)        The purposes of the register shall be as follows:

(a)        to inform members of the public about historic places, historic areas, wāhi tapu, and wāhi tapu areas;

(b)       to notify owners of historic places, historic areas, wāhi tapu, and wāhi tapu areas where necessary for the purposes of this Act:

(c)        to assist historic places, historic areas, wāhi tapu, and wāhi tapu areas to be protected under the Resource Management Act 1991.

(3)        The register shall consist of the following:

(a)        a part relating to historic places, comprising the following categories:

(i)         Category 1: places of special or outstanding historical or cultural heritage significance or value;

(ii)        Category 2: places of historical or cultural heritage significance or value;

(b)       a part relating to historic areas;

(c)        a part relating to wāhi tapu;

(d)       a part relating to wāhi tapu areas.

(4)        The entry in and removal from the register of details of historic places, historic areas, wāhi tapu, and wāhi tapu areas shall be in

accordance with this Part.

(5)        An entry in the register in respect of any historic place may include any chattel or object or class of chattels or objects—

(a)        situated in or on that place; and

(b)       considered by the Trust to contribute to the significance of that place; and

(c)        nominated by the Trust.

25

Provisions relating towāhi tapu

(1)        Any person may apply to the MāoriHeritage Council to have any wāhi tapu entered on the register.

(2)        An application under this section shall contain a legal description of the land affected and specify the general location and nature of the wāhi tapu.

(3)        If satisfied that the proposal is supported by sufficient evidence, the Council shall—

(a)        publicly notify the proposal for registration in such manner as the Council considers appropriate; and

(b)       give notice in writing of the proposal to—

(i)         the owner of the wāhi tapu concerned; and

(ii)        the relevant territorial authority and regional council; and

(iii)       every person having a registered interest in the wāhi tapu; and

(iv)       the appropriate iwi.

(4)        Every owner of a wāhi tapu who receives a notice under subsection (3)(b) shall give notice in writing of the proposal to the occupiers of the place.

(5)        In the case of an application affecting Māoriland, the Trust shall give notice of the application to the Registrar of the appropriate MāoriLand Court, who shall record the effect of the notice in the court records.

(6)        No failure of an owner to notify an occupier pursuant to subsection (4) shall invalidate the registration process in that case.

28

Procedure if registrationof historic place or tapu proposed

(1)        The following persons may make written submissions on a proposal under section 24 to register an historic place or on an application under section 25 to enter a wāhi tapu on the register:

(a)        the owner of the historic place or wāhi tapu;

(b)       any occupier of the historic place or wāhi tapu;

(c)        any person having a registered interest in the historic place or wāhi tapu;

(d)       any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and culturalheritage;

(e)        the territorial authority and regional council having jurisdiction in the area;

(f)        the appropriate iwi.

(2)        Submissions may be made on a proposal or application whether or not interim registration of the historic place that the proposal relates to or of the wāhi tapu that the application relates to has been granted.

(3)        In the case of an interim registration, submissions must be made to the Trust or Council, as the case may require, within 20 working days after the date of the public notification of the grant of interim registration.

(4)        In all other cases, submissions must be made to the Trust or Council, as the case may require, within—

(a)        20 working days after the public notification of the proposal or application; or

(b)       any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.

(5)        The Council may make any inquiries that it sees fit before deciding whether to register a wāhi tapu.

(6)        If the Trust considers that an historic place proposed for registration is of Māori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic place should be registered.

(7)        When deciding whether to register an historic place, the Trust may reconsider the category of registration proposed of the place concerned and alter the category if it considers this action appropriate.

32

Provisions relating towāhi tapu areas

(1)        Any person may propose to the Māori Heritage Council that any wāhi tapu area be entered on the register.

(2)        Every proposal for registration shall contain a legal description of the general area of land affected and specify the general nature of the wāhi tapu included in the area.

(3)        If satisfied that the proposal is supported by sufficient evidence, the Council must—

(a)        publicly notify the proposal for registration in the manner that the Council considers appropriate; and

(b)       give notice in writing of the proposal to—

(i)         any person that—

(A)       is an owner of the wāhi tapu area or part of the wāhi tapu area; or

(B)       has a registered interest in the wāhi tapu area or part of the wāhi tapu area; and

(ii)        the relevant territorial authority and regional council; and

(iii)       the appropriate iwi.

32D

Territorial authorities andregional councils must have particular regard to recommendations

(1)        In respect of any registered historic area, the Trust may make recommendations to the territorial authority and regional council where the historic area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the historic area.

(2)        In respect of any registered wāhi tapu area, the Council may make recommendations to the territorial authority and regional council where the wāhi tapu area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the wāhi tapu area.

(3)        A territorial authority or regional council receiving recommendations under subsection (1) or subsection (2) must have particular regard to the Trust’s or the Council’s recommendations.

33

Proposals affecting registered wāhi tapu areas

(1)        Where the Trust—

(a)        is advised by a local authority that the authority has received an application for a resource consent in respect of any wāhi tapu area; or

(b)       is considering an application or proposal under section 14 or section 18(2) that affects any wāhi tapu area; or

(c)        proposes to take any action in respect of any wāhi tapu area,—

the Trust shall refer the application or proposal to the Māori Heritage Council before taking any action in respect of the application or proposal.

(2)        The Council shall consult the local territorial authority, the relevant regional council, the applicant for the resource consent, the relevant iwi or other Māori groups, and the proposers of the wāhi tapu area, as the case may require, before taking any action in respect of the application or proposal.

(3)        The Council shall, within 3 months of the date of receipt of that application or proposal by the Council, advise the Trust of any comment or recommendation it wishes to make on any application or proposal referred to it under subsection (1).

115

Savings

...

(2)      This Act must continue to be interpreted and administered to give effect to the principles of the Treaty of Waitangi, unless the context

otherwise requires, even though this Act is no longer—

(a)        administered by the Department of Conservation; or

(b)       included in Schedule 1 of the Conservation Act 1987.


N.B. the Historic Place Act 1993 is set to be replaced by the Heritage New Zealand Pouhere Taonga Bill, which has been referred to the Local Government and Environment Committee as at November 2012.

 

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