Legislation

Regional, city, and district councils have wide-ranging roles and responsibilities for historic heritage protection and management. Legislation governing the protection and management of historic heritage includes the:

• Resource Management Act (1991) and amendments
• Historic Places Act (1993) - regulates the modification of archaeological sites on all land
• Conservation Act (1987) - developed by the Department of Conservation to promote the conservation of New Zealand's natural and historic resources
• Auckland Regional Policy Statement - contains policies and methods to preserve and protect historic heritage
• Auckland Regional Plan: Coastal - contains rules to promote the preservation and protection of historic heritage, and includes lists of historic places in the coastal marine area that are scheduled for preservation or protection
• proposed Air, Land and Water Plan - contains rules to promote the preservation and protection of historic heritage
• most district plans, formulated by city and district councils in the region, contain schedules of heritage places that are valued by the community and have special protection under district plan rules.

To find out more about guidelines used to assess or rank historic places and areas read the pdf below:

The ARC assesses coastal and land use resource consent applications for any actual or potential adverse effects on historic heritage within the Auckland region. This includes endeavoring that tāngata whenua have been consulted if any proposed activity has the potential to impact on a place of significance to iwi.

For more information about assessing the effects on cultural heritage for your resource consent application view the pdf below:

View more information about resource consents.

Historic Places Act

The Historic Places Act (HPA) regulates the modification of archaeological sites on all land. The act makes it unlawful for any person to destroy, damage or modify the whole or any part of an archaeological site without the prior authority of the New Zealand Historic Places Trust. This is the case regardless of whether:

• the site is registered or recorded
• the land on which the site is located is designated, or the activity is permitted under the District or Regional Plan
• a resource or building consent has been granted.

The HPA provides for:

• substantial penalties for unauthorised destruction, damage or modification
• national register of historic places, areas, wāhi tapu, and wāhi tapu areas.

Other legislation

• The Reserves Act (1977) - devised by DoC to preserve and management the region's reserves
• Building Act (1991) and amendments
• The Protected Objects Act - The Protected Objects Act 1975 is administered by the Ministry for Culture and Heritage and regulates the export of protected New Zealand objects,the illegal export and import of protected New Zealand and foreign objects, and the sale, trade and ownership of objects relating to Maori culture.