Wahi Tapu Registration: The Facts
New Zealand Historic Places Trust information release
20 November 2002
The New Zealand Historic Places Trust has responded to the recent media
coverage of the Kopukairoa wahi tapu area registration by reiterating
the facts concerning the process of registering wahi tapu and the implications
of registration for property owners.
"We have been greatly concerned by the erroneous manner in which
the wahi tapu registration process has been presented" said the Trust's
Chair, Dame Anne Salmond, today. "The issue has been presented as
the deprivation of individual property rights by a powerful statutory
body. Nothing could be further from the truth and the public of New Zealand
now deserves to hear and understand what registration really means."
The New Zealand Historic Places Trust stressed four key facts that had
been greatly misrepresented in media coverage of the issue:
Firstly, registration, not just of wahi tapu, but of any historic place
or area, does not of itself restrict in any way the rights of property
owners to use their land. Those rights are determined by the district
plan of the relevant territorial authority and it is the latter which
grants consents or approvals for land use activity, not the New Zealand
Historic Places Trust. It is up to the territorial authority to decide
whatever provisions it will include in its district plan as a result of
a registration. Neither the Trust, nor local Maori, gains any rights of
access or control to privately-owned land as a result of registration.
Secondly, registration means that when a resource consent for activity
on a registered place is required under the relevant district plan, the
New Zealand Historic Places Trust becomes an affected party. However,
the Trust is only one of the affected parties, and the territorial authority
is required to consult with all parties affected by the proposed resource
consent, including iwi if the site is significant to Maori, but also neighbours,
owners and occupiers. Even if the place was not registered, iwi would
have to be consulted under the Resource Management Act if the site was
significant to Maori.
Thirdly, in such a case, the Trust would make submissions, as would the
other affected parties. The territorial authority will make its decision
based on all submissions received. Once again, the decision on the resource
consent application is theirs, not the Trust's, nor that of local Maori.
Fourthly, despite indications to the contrary in the media, the process
of registering wahi tapu is a clear one, and is set out in legislation.
New Zealand Historic Places Trust Kaihautu (Manager Maori Heritage), Te
Kenehi Teira, explained: "Wahi tapu is defined in the Historic Places
Act 1993 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 of land containing one or more wahi tapu.' Landowners are notified
of wahi tapu registration proposals and are invited to make comment, which
is taken into account by the Maori Heritage Council of the New Zealand
Historic Places Trust when deliberating on the proposal. This procedure
was followed thoroughly for the registration of the Kopukairoa wahi tapu
area over a 12 month period."
New Zealand Historic Places Trust Chief Executive, Dr William Tramposch,
said not only how disappointing but also how ironic he found the current
media coverage of wahi tapu registration. "I am amazed to see comments
about the draconian powers the New Zealand Historic Places Trust is perceived
to hold. The great discussion in informed circles is in fact precisely
the opposite: the Trust lacks the powers to ensure full protection of
all types of heritage places, be they historic places and areas or wahi
tapu and wahi tapu areas. The power to protect or not protect heritage
lies with the territorial authorities. Our hope is that they will be assisted
in the task of protecting their community's heritage not only from greater
legislative support, but also by public debate that is more informed than
we have seen over these last few days."
For more information, contact
Te Kenehi Teira
Kaihautu
Tel: 04 472 4341
Fax: 04 499 0669
Email: teira@historic.org.nz
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