Section 189 — Resource Management Act 1991: Notice of requirement to territorial authority

189 Notice of requirement to territorial authority (1) A heritage protection authority may give notice to a territorial authority of its requirement for a heritage order for the purpose of protecting— (a) Any place of special interest, character, intrinsic or amenity value or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons; and (b) Such area of land (if any) surrounding that place as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place. (2) For the purposes of this section, a place may be of special interest by having special cultural, architectural, historical, scientific, ecological, or other interest. (3) A notice under subsection (1) shall be in the prescribed form and shall include— (a) The reason why the heritage order is needed; and (b) A description of the place and surrounding area to which the requirement applies; and (c) A specification of any restrictive conditions applying to the place or surrounding area; and (d) A statement of how the heritage order will affect the present use of the place and surrounding area, and the extent to which that and other uses may be continued or commenced without nullifying the effect of the heritage order; and (e) Any information required to be included in the notice by a plan or regulations; and (f) Where consultation with any person likely to be affected by the heritage order— (i) Has taken place, a statement giving details of such consultation, including any arrangements in respect of the upkeep of the place and surrounding area; or (ii) Has not taken place, a statement giving the reasons why such consultation has not taken place. (4) A heritage protection authority may withdraw a requirement under this section by giving notice in writing to the territorial authority affected. (5) Upon receipt of notification under subsection (4) , the territorial authority shall— (a) Publicly notify the withdrawal; and (b) Notify all persons upon whom the requirement has been served. Subsection (3)(d) was substituted, as from 7 July 1993, by section 102 Resource Management Amendment Act 1993 (1993 No 65).