Section 194 — Resource Management Act 1991: Interim effect of requirement

194 Interim effect of requirement (1) Where a heritage protection authority has given notice of a requirement for a heritage order during the period described in subsection (2) then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the heritage protection authority, do anything (including the things referred to in paragraphs (a) to (c) of section 193) that would wholly or partly nullify the effect of the heritage order. (2) For the purposes of subsection (1) , the period commences on the date on which the heritage protection authority gives notice of the requirement under section 189 or section 189A and ends on the earliest of the following days: (a) The day on which the requirement is withdrawn by the heritage protection authority: (b) The day on which the requirement is cancelled by the Environment Court: (c) The day on which the heritage order is included in the district plan. (3) No person who contravenes subsection (1) during the period described in subsection (4) commits an offence against this Act unless that person knew, or could reasonably have been expected to have known, at the time of the contravention, that the heritage protection authority had given notice of the requirement. (4) For the purposes of subsection (3) , the period commences on the date on which the heritage protection authority gives notice of the requirement under section 189 or section 189A or clause 4 of Schedule 1 and ends on the day upon which the territorial authority publicly notifies the requirement under that section or the proposed plan under clause 5 of that Schedule. (5) Subsection (3) applies notwithstanding anything to the contrary in section 338 and section 341 (which deal with offences). Subsections (2) and (4) were amended, as from 7 July 1993, by section 107(1) and (2) Resource Management Amendment Act 1993 (1993 No 65) respectively by inserting the expression “ or section 189A ” . The words “ Environment Court ” in subsection (2)(b) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).