Section 421 — Resource Management Act 1991: Protection notices to become heritage orders

421 Protection notices to become heritage orders (1) The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 which, immediately before the commencement of this Act, is included in an operative district scheme or combined scheme under section 125B(10) of the Town and Country Planning Act 1977, or the corresponding provisions of any former enactment, namely: (a) To the extent that the notice has effect within the coastal marine area, the notice shall be deemed to be cancelled: (b) Except as provided in paragraph (a) , the notice shall be deemed to be a heritage order included in the relevant district plan, and the provisions of this Act shall apply accordingly. (2) The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 which, immediately before the date of commencement of this Act, has not been included in an operative district scheme or combined scheme under section 125B(10) of the Town and Country Planning Act 1977, namely— (a) To the extent that the notice has effect within a coastal marine area, the notice shall be deemed to be withdrawn: (b) Except as provided in paragraph (a) ,— (i) In a case where a territorial authority has an obligation under section 125B(10) of that Act to include the notice in an operative district scheme or combined scheme but has not done so, the territorial authority shall, as soon as reasonably practicable and without further formality, include a heritage order in respect of the notice in the relevant district plan in accordance with section 192 : (ii) In any other case, the notice shall be deemed to be a requirement for a heritage order that has been notified under section 189 , and section 422 shall apply to it. (3) Subsection (2)(a) shall apply whether or not the notice is the subject of any proceedings before a territorial authority, the Environment Court, or any other Court. The words “ Environment Court ” in subsection (3) 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).