NZHPT Information release
21 July 2011

The New Zealand Historic Places Trust (NZHPT) is pleased the Western Bay of Plenty District Council has pleaded guilty to unlawful modification and damage to archaeological features at Maketu in 2009.

The country’s lead heritage agency is also satisfied that the sentence of a $6500 fine and $2500 costs to be paid to the NZHPT, handed down by Judge Bidois, was appropriate in the circumstances.

The NZHPT said given that the Council had commissioned an archaeologist to review the archaeology of Maketu, with a report produced in 2003, the Council should have known there was a high likelihood archaeological features would be present when it carried out earthworks at Maketu.  However, archaeological remains from a midden were subsequently damaged – and the Council should have followed the archaeological authority process required under the Historic Places Act 1993.

"The Western Bay of Plenty is well known as an area of great archaeological sensitivity, containing hundreds of recorded and unrecorded archaeological sites – with some dating back to early human settlement,” said the NZHPT’s Senior Archaeologist, Dr Rick McGovern-Wilson.

“The NZHPT has invested significant time over a number of years training Council staff and their planning and engineering consultants about the Act’s archaeological provisions and we felt prosecution was appropriate in this case.”

Further discussions have taken place with Western Bay of Plenty District Council and its contractors to prevent similar situations happening again.

“The Western Bay of Plenty District Council has owned up to its mistake and pleaded guilty to illegally damaging the archaeological features at Maketu, though obviously we’re disappointed that this damage happened in the first place,” Dr McGovern-Wilson said.

“The Council is clearly willing to do better, and there is no doubt it is aware of the processes it needs to put in place to ensure no further breaches occur.”

For more information:

John O'Hare
New Zealand Historic Places Trust
tel: 09 407 0481 or  027 274 4217
email: johare@historic.org.nz

Background notes

The Historic Places Act  1993 (HPA) defines an archaeological site as a place associated with pre-1900 human activity, including shipwrecks, where there may be evidence relating to the history of New Zealand that can be investigated using archaeological methods.

The HPA makes it unlawful for any person to destroy, damage or modify the whole or any part of an archaeological site without prior NZHPT authority. This is the case regardless of whether the land on which the site is located is designated, or the activity is permitted under the District or Regional Plan or a resource or building consent has been granted.  The HPA also provides for substantial penalties for unauthorised destruction, damage or modification.

The type of work requiring an archaeological authority prior to work commencing could include, amongst other things: earthworks for forestry tracks, planting and harvesting; earthworks for residential developments, including building platforms, topsoil stripping and accessways; earthworks for stock races or farm tracks, fencing or landscaping; trenching for telephone, power, and waste disposal; road construction; quarrying and building demolition or removal.

For further information on investigating archaeological sites please contact the NZHPT, or e-mail archaeologist@historic.org.nz