Local Government

Local authorities participate in heritage management in various ways. These include preparation of district plans and policy statements under the RMA, statutory processes, partnerships, strategic direction, and the public interest roles. They also manage historic heritage in areas for which they are responsible (eg regional parks).

Councils have responsibilities under various pieces of legislation for heritage management and protection, notably the Resource Management Act, Historic Places Act, Building Act and Local Government Act.

Functions under the Resource Management Act 1991

Local authorities have the statutory responsibility to recognise and provide for the protection of historic heritage from inappropriate subdivision, use and development within the context of sustainable management. Responsibilities for managing adverse effects on heritage arise as part of policy and plan preparation, and the resource consent processes.

Local authorities are also heritage protection authorities in relation to any heritage orders they administer. Local authorities have a duty to gather information and monitor the state of the environment in the region or district (section 35 of the RMA).

As owners of heritage places (eg buildings, parks, reserves, infrastructure, and archaeological sites), local authorities must meet relevant statutory requirements and comply with plan rules for land they own and administer. Local authorities can set a good example for heritage management in the district or
region (and to the wider community) by ensuring that their own assets have been researched and evaluated for their heritage values, and are managed in accordance with conservation principles.

Local authorities have a responsibility under the RMA to take into account the principles of the Treaty of Waitangi. Forming partnerships with Maori and providing training for staff in protocol and language can begin to address this. Local authorities should develop policies that address how the objectives and policies stated in iwi management plans will be integrated with the council’s planning practices.

Functions under the Building Act 2004

The Building Act 2004 regulates all buildings and structures to safeguard the health, safety, and amenity of people, facilitate efficient energy use, and to protect property from damage. The key regulatory tool is the Building Regulations 1992 which contain the mandatory New Zealand Building Code.

In administering its functions under the Building Act, the territorial authority can adopt a flexible approach with heritage buildings. The Act states that the territorial authority shall have due regard to any special historical or cultural value of a building.

Currently the Building Act links with the Historic Places Act through Project Information Memoranda (PIMs) and building consent processes. These links provide an ‘early warning
system’ to enable the Trust to fulfill its statutory function to advocate the protection of historical and cultural heritage in the public interest.

It is the role of the territorial authority (not the Trust) to grant or refuse an application for a building consent based largely on compliance with the building code.

The Building Act also contains provisions relating to managing dangerous or insanitary buildings. These provisions may require owners of heritage building to strengthen their
building or remove any danger.

Functions under the Local Government Act 2002

Under the Local Government Act 2002 (LGA) a local authority must provide opportunities for Maori to contribute to the decision-making processes of the local authority, consider ways in which it may foster the development of Maori capacity to contribute to the decisionmaking processes of the local authority, and provide relevant information to Maori for the purposes of enabling Maori to contribute to decision making (see s.81 of the LGA). A local authority can address this by ensuring processes are in place for consulting with Maori.

The LGA provides for community plans, and a sustainable development approach to strategic land use and planning in New Zealand. The LGA revives requirements for consultation
to ensure plans reflect community-based objectives. Strategic direction for growth of new development, or even negative growth as places contract, should always address the effects on heritage places. As areas used by the community change, new uses may need to be found for heritage buildings and places.

For More Information

Your local authority can help answer many questions relating to cultural and heritage management in your region.

Many local authorities actively promote heritage in their area and offer incentives such as grants and/or fee waivers to property owners. Some also employ specialist staff who are able to offer advice to anyone wanting to promote and protect their historic building or site. Contact your local or regional council for more details.

Refer to this Trust publication, Heritage Management Guidelines for Resource Management Practitioners for information about the roles and responsibilities or organisations involved in heritage management, guidance when preparing plans and policies which address historic heritage, and a checklist to use when processing resource consents that have effects on historic heritage.

The Sustainable Management of Historic Heritage guidance series aims to assist local authorities, owners of heritage places, iwi and hapu, and other stakeholders in the protection and conservation of historic heritage under the Resource Management Act 1991and other related resource management and planning legislation.

Heritage Conservation Guidelines

Other sources of information about the relationship between heritage and the Building Act 1991 include the NZHPT published Heritage Guidelines on:
• Earthquake Strengthening
• Fire Safety
• Making Heritage Buildings Accessible.