Resource Management (Forms, Fees, and Procedure) Regulations 2003

Form 26 Notice of requirement by heritage protection authority or territorial authority for heritage order or alteration of heritage order

Sections 145, 189, 189A, and 195A, Resource Management Act 1991

To [name of territorial authority or the Environmental Protection Authority]

[Full name] gives notice of a requirement for a heritage order (or for an alteration to a heritage order).

The place and surrounding area to which the requirement applies are as follows:

[describe the place and surrounding area as they are commonly known and in a way that will enable them to be easily identified (eg, the street address, the legal description, proximity to any well-known landmark, the grid reference (if known))].

*The existing restrictive conditions applying to the place or surrounding area are:

[give details].

*Delete if there are no existing restrictive conditions.

*The new restrictive conditions that will apply to the place or surrounding area are:

[give details].

*Delete if there are no new restrictive conditions.

The effects that the heritage order (or alteration) will have on the present use of the place and surrounding area, and the extent to which the present and other uses may continue or commence without nullifying the effect of the heritage order (or alteration), are:

[give details].

The place merits protection because:

[state whether it is a place of special interest, character, intrinsic or amenity value, or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons].

The heritage order (or alteration) is needed because:

[include why the requirement is reasonably necessary for protecting the place].

The inclusion of the area surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place because:

[give details].

*The following provisions and plans are relevant to the requirement:

[list the relevant provisions of any relevant national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, or management plan or strategy approved under any other Act which relate to the place].

*Delete if none are applicable.

The following consultation has been undertaken with parties that are likely to be affected (or No consultation has been undertaken with parties likely to be affected because):

[if consultation has been undertaken, include details of any arrangement made for the upkeep of the place and surrounding area].

[Full name of heritage protection authority] attaches any information required to be included in this notice by the district plan, regional plan, or any regulations made under the Resource Management Act 1991.

[List the documents attached to this notice.]

.
Signature on behalf of
heritage protection authority

.
Date
(A signature is not required if notice is given by electronic means.)

Note to heritage protection authority

If the notice relates to a requirement for a heritage order, or an alteration to a heritage order, under section 189A, you must use—

  • this form if the requirement is lodged with the Environmental Protection Authority; or

  • form 28 if the requirement is not lodged with the Environmental Protection Authority.

If the requirement is lodged with the Environmental Protection Authority,—

  • you must also lodge a form in form 16A at the same time; and

  • you must serve the local authority with notice of the matter and of its lodging with the Environmental Protection Authority.

You must pay any charge payable to the territorial authority, the Environmental Protection Authority, or otherwise for the requirement or alteration to the requirement under the Resource Management Act 1991.

Schedule 1 form 26 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Schedule 1 form 26: amended, on 18 October 2017, by regulation 15(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2017 (LI 2017/231).

Schedule 1 form 26: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).