New Zealand Historic Places Trust information release
19 November 2002
In the interests of responding to errors of fact, the Historic Places
Trust makes the following points with regard to statements and allegations
made in the television item on the Kopukairoa wahi tapu area, as broadcast
on the "Holmes" show on Monday 18 November 2002:
The purpose of registration under the Historic Places Act 1993 is
to notify owners, inform the public, and assist protection under the
Resource Management Act 1991.
Registration of Kopukairoa as a wahi tapu area places no restrictions
on any current land uses or on any consents or approvals currently held
by the landowners concerned.
Any rules or restrictions governing the landowners' ability to utilise
their land are provided in the relevant territorial authority's district
plan, not by the Historic Places Trust. The decision to include in the
district plan any provisions relating to the wahi tapu area would be
made by the district council.
For a registered wahi tapu area, where resource consent is required
under the Resource Management Act for a new activity and the resource
consent application is publicly notified, the territorial authority
shall notify the Historic Places Trust, amongst other parties, of the
application so that the Trust may make a submission. The territorial
authority makes the decision on the resource consent application, taking
into consideration submissions received and the rules and restrictions
contained in the district plan.
Irrespective of whether or not the area is registered, the iwi need
to be consulted as affected parties when people make applications to
the district council under the Resource Management Act for resource
consents. Every application for resource consent requires consultation
of affected parties - these include neighbours, iwi, and owners and
occupiers. Registration adds the Historic Places Trust as an affected
party.
Registration therefore does not give the Historic Places Trust any
control over the activities that may be conducted on the land.
Registration of itself does not prevent landowners from sub-dividing
their land, building on their land, harvesting trees on their land,
or undertaking any activity already permitted under the territorial
authority's district plan.
Registration doses not give local Maori any rights or control over,
or access to, any Kopukairoa land they do not already own.
Registration of itself does not mean that local Maori must first be
consulted before any activity requiring a resource consent is able to
be carried out on Kopukairoa.
Registration of Kopukairoa was confirmed by the Maori Heritage Council
because the proposal satisfied the wahi tapu area registration criteria
contained in the Historic Places Act 1993.
The Historic Places Act 1993 (section 2) defines a wahi tapu
as a "place sacred to Maori in the traditional, spiritual, religious,
ritual, or mythological sense" and a wahi tapu area is defined
as "an area containing one or more wahi tapu".
Kopukairoa was registered as a wahi tapu area because the whole of
the hill area is regarded as sacred by local Maori. Physical evidence
of activity in the past may be abundant, slight or absent altogther.
Registration is intended to provide recognition that local Maori regard
Kopukairoa as wahi tapu.
Registration of Kopukairoa by the Maori Heritage Council does not
make the land tapu.
Maori Heritage Council policy requires all landowners to be notified
where they may be affected by any proposal to register a wahi tapu or
wahi tapu area.
All landowners were notified in October 2001 that the Council were
considering the registration proposal and they were notified of the
final registration of Kopukairoa shortly after the Council's decision
in August 2002.
Landowners were invited to make comment on the Kopukairoa registration
proposal to the Maori Heritage Council and several written submissions
were received and taken into account by the Council.
The Kopukairoa registration proposal was carefully considered by the
Maori Heritage Council over a period of 12 months to August 2002.
Section 37(2) of the Historic Places Act 1993 provides for any person
or body to apply for a review of registration once 3 years have elapsed
since the last submission or review, and Section 32(6) provides for
the Maori Heritage Council to vary or remove the registration of any
wahi tapu area.
If the territorial authority decides to include in the district plan
any provisions relating to the registered wahi tapu area, that decision
of the territorial authority may be challenged by a submission, an application
for a plan change, or appeal to the Environment Court.
