Let's get the facts right: Questions and Answers about Registration

New Zealand Historic Places Trust information release
28 November 2002

The recent registration of Kopukairoa as a wahi tapu area has led to a lot of ill-informed and incorrect representation of what registration, under the Historic Places Act 1993 actually means and what effects it really has for landowners. Let's get the facts right:

Does registration give the New Zealand Historic Places Trust the power to control what happens on landowners' property?

No. The rules concerning what landowners can do with their property are set out in the relevant council's District Plan. The council decides what conditions it will place on activities. The power to set rules and make decisions affecting what landowners do with their properties is solely that of the council, not of the New Zealand Historic Places Trust. This means the council will decide if landowners can harvest trees, build houses or subdivide land, amongst other activities, and not the New Zealand Historic Places Trust.

So does registration affect the rules of the District Plan?

Only if the council decides it will do so. The New Zealand Historic Places Trust may make specific recommendations to the council on the measures the council should take to assist in conserving and protecting a registered place or area. However the decision to do so is entirely that of the council, and it is under no legal obligation to do so.

Does registration mean that landowners now have to consult with the New Zealand Historic Places Trust and local iwi before doing anything on their property?

No. Registration simply means that that the New Zealand Historic Places Trust is now considered to be one of the affected parties when an application for resource consent is lodged. Other affected parties, irrespective of whether a place or area is registered or not, include neighbours, owners, occupiers and also iwi, if the place is significant to Maori. The council, not the New Zealand Historic Places Trust, sets out what consultation is required. The New Zealand Historic Places Trust recommends that landowners do consult with the Trust before lodging the application, and we have plenty of examples to show that this actually assists, rather than hinders the application.

Does registration make land tapu?

No. Words like "placing", "lifting" and "declaring a wahi tapu", which have been used by some media are incorrect and have led to much confusion. The New Zealand Historic Places Trust "registers" sites that have cultural heritage significance to Maori. Registration does not confer status, it simply recognises it. This is exactly the same idea as registering a historic place or area in recognition of its cultural heritage significance.

Do landowners have no right of appeal?

Any person or body may apply for a review of registration once 3 years have elapsed. Remember, however, that registration does not in itself affect the rights of landowners to control what happens on their property. What may affect their rights would be a change to a District Plan as a result of registration. In this case, the Resource Management Act allows landowners the right to appeal those changes, and provides different mechanisms to do so (submissions, applications, legal appeals).

Does the Trust consult with landowners before registration?

Yes. Even though this is not required by the Historic Places Act, it is New Zealand Historic Places Trust policy to do so. In the case of Kopukairoa, registered in September 2002, landowners were notified in October 2001, and had the opportunity to make comments on the proposal. Their comments were taken into account in the deliberations on the proposal.

Why was Kopukairoa registered when people say there is no direct evidence of human settlement?

Kopukairoa was registered as a wahi tapu area. A wahi tapu area is defined in the Historic Places Act as "an area of land containing one or more wahi tapu". A wahi tapu is defined as "a place sacred to Maori in the traditional, spiritual, religious, ritual or mythological sense." This does not mean that there must be physical evidence of human activity in the past. Kopukairoa was registered as a wahi tapu area because the whole of the hill is regarded as sacred by local Maori.

How does the registration process, and its implications, differ when it comes to non-Maori sites?

The processes and their implications for land or property owners under the Resource Management Act are the same for wahi tapu, wahi tapu areas, historic places and historic areas. Today there are over 6,000 registered sites on the Register of Historic Places, Historic Areas, Wahi Tapu and Wahi Tapu Areas. Only 63 of them are wahi tapu.

Is registration just another way for Maori to be claiming land back?

Registration is in no way related to the Treaty claims process which, incidentally, concerns claims against the Crown, not private landowners. Registration is solely about recognising the cultural heritage value of historic places, historic areas, wahi tapu and wahi tapu areas. It is then up to councils to determine what actions they take to ensure that cultural heritage value is conserved and protected for future generations.

New Zealand Historic Places Trust / Pouhere Taonga
PO Box 2629, Wellington
Tel: 04 472 4341, Fax: 04 499 0669
Email: information@historic.org.nz