1 April 2016

Preserving our history – Heritage New Zealand Pouhere Taonga Act 2014

The Heritage New Zealand Pouhere Taonga Act 2014 (“HNZPTA”) is about the identification and preservation of our historic and cultural heritage and replaces the Historic Places Act 1993.  Under the HNZPTA the Historic Places Trust has been renamed Heritage New Zealand Pouhere Taonga (“Heritage NZ”) to better reflect the Trust’s overall purpose.  This is to identify and protect all our cultural and heritage sites for the benefit and enjoyment of all New Zealanders for many years to come.

The changes to the HNZPTA are mainly focused on updating the old legislation and making the heritage consent application process faster and easier to follow.

In light of the Christchurch earthquakes of 2010 and 2011, the HNZPTA has also created an emergency archaeological authority to better manage the protection of our heritage and historic sites, and minimise any delays in decision-making when natural disasters occur.

What does the HNZPTA mean for property owners?

An archaeological site is defined in the HNZPTA as any place in New Zealand (including buildings, structures or shipwrecks) that was associated with pre-1900 human activity, where there is evidence relating to the history of New Zealand that can be investigated using archaeological methods.

When there is an archaeological site it is unlawful to modify or destroy the site without the consent of Heritage NZ.  This is the case even if:

• The site is recorded by Heritage NZ or not; and
• The land on which the site is located is:
  • Designated – which means the Council intends to use the land in the future for a particular work or project (i.e. building a road); or
  • The works to be undertaken are permitted under the District or Regional Plan; or
• • A resource or building consent has been granted for the works.

The HNZPTA provides that significant penalties can be imposed for unauthorised destruction or modification of such sites.

The term “modification” includes the following types of work:

• Earthworks for forestry tracks, planting and harvesting;
• Earthworks for residential developments, including building platforms, topsoil stripping and access ways;
• Earthworks for stock races or farm tracks, fencing or landscaping;
• Trenching for telephone, power, and waste disposal;
• Road construction;
• Quarrying; and
• Building demolition.

If you are developing land and you come across anything on site during earthworks that may potentially be of heritage value, you must notify Heritage NZ and your local Council.  Any earthworks or construction that could affect the site must be stopped until Heritage NZ provides advice on how to proceed.

If you are concerned that your property may contain a heritage site, what should you do?

• Contact Heritage NZ to see if your property is an historic site on the New Zealand Heritage List;
• Contact your local Council, as a heritage site may be recorded in the Council’s property information file or LIM report; and
• Check the title to the property, as Heritage NZ may have registered a heritage covenant or the Council may have registered a consent notice on the title to notify both current and future owners that the property contains a heritage site.

If your property does contain a heritage site that will be affected by any works/development you are planning, then you will need to apply to Heritage NZ for an authority to modify or destroy the site.  See this Heritage NZ webpage for information about obtaining an Archaeological Authority: http://www.heritage.org.nz/protecting-heritage/archaeology/archaeological-authorities

What is the New Zealand Heritage List?

The New Zealand Heritage List identifies New Zealand’s important historical and cultural heritage places and replaces the former Historic Places Register.  The aim of the list is to help better inform and notify owners, the public, community organisations, government agencies and Councils about significant heritage places.

The New Zealand Heritage List is divided into five parts:

• Historic Places – such as archaeological sites, buildings and memorials;
• Historic Areas – groups of related historic places, for example a geographical area with a number of properties or sites, a heritage precinct, or a historical and cultural area;
• Wāhi Tūpuna – places important to Māori for their ancestral significance and associated cultural and traditional values;
• Wāhi Tapu – places sacred to Māori in the traditional, spiritual, religious, ritual or mythological sense, such as maunga tapu, urupā, funeral sites and punawai; and
• Wāhi Tapu Areas – areas that contain one or more wāhi tapu.

The role of local and territorial authorities

Councils, along with Heritage NZ, play an important monitoring role in the preservation and protection of heritage sites through District Plan policies and heritage listings under the Resource Management Act 1991.

Under the new Act, Heritage NZ must maintain, and supply Councils with, a list of all entries in the New Zealand Heritage List and heritage covenants that apply to their governing areas.  Councils, in turn, are required to make the list available for public inspection and should include heritage covenants and known heritage sites on the LIM reports for the affected properties.

How can we help?

The HNZPTA is an important piece of legislation that has changed the way heritage sites are managed in New Zealand.  If you require any further information about dealing with heritage sites or making an application to Heritage NZ please contact our Resource Management or Property teams.

If you would like further information please contact Dale Thomas on 07 958 7428.