Schedule 8 - Approvals relating to Heritage New Zealand Pouhere Taonga Act 2014

An “archaeological authority” means an approval under the Heritage New Zealand Pouhere Taonga Act 2014, to: 

  • Undertake an activity that will or may modify or destroy the whole or any part of any archaeological site or sites within a specified area of land, whether a site is a recorded archaeological site or is entered on the New Zealand Heritage List or on the Landmarks list.
  • Undertake an activity that will or may modify or destroy a recorded archaeological site or sites, if the effects of that activity on site will be no more than minor.

Information requirements 

An application for an archaeological authority must include the following information: 10775a02-0e65-4f05-af22-23408cfad98a  

  • A legal description of the land; and
  • The name of the owner of the relevant land, if the applicant is not the owner; and
  • Proof of consent, if the owner has consented to the proposed activity; and
  • Confirmation that the application complies with the requirements of a substantive application; and
  • A description and location of each archaeological site to which the application relates; and
  • A description of the activity; and
  • A description of how the proposed activity will modify or destroy each archaeological site; and
  • An assessment of the archaeological, Māori, and other relevant values of the site that is appropriate to the scale and significance of the proposed activity and the effects of the proposed activity on those values; and
  • A statement as to whether consultation with tangata whenua, the owner of the relevant land (if the applicant is not the owner) or any other person likely to be affected has taken place, and the details of consultation, or whether consultation has not been conducted and the reason for this.

The Heritage New Zealand Pouhere Taonga and Māori Heritage Council may be asked to produce a report on the application, and this may recommend that the archaeological approval be granted with conditions or that the approval be declined. 

The Panel’s decision

When considering an application for an archaeological authority, the panel must take into account: fee515eb-07f3-48b7-aa94-a5d2bcd18227

  •  The purpose of the Fast Track Approval Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
  • The matters set out in section 59(1)(a) of the Heritage New Zealand Pouhere Taonga Act 2014, for instance, its purpose and the historical and cultural heritage value of the archaeological site; and
  • Whether the effects of the proposed activity are likely to be no more than minor, the significance of a site in relation to evidence of the historical and cultural heritage of New Zealand, and the extent to which the proposed activity will modify or destroy the site or sites; and
  • A relevant statement of general policy confirmed or adopted under the Heritage New Zealand Pouhere Taonga Act 2014

When considering all the above, the panel must give the greatest weight to the purpose of the Act.

Conditions 

A panel may impose conditions including that: b2001dba-3068-45ab-9b14-83ea73f40bd1

  •  The consent of the landowner and the holder of any specified registered interest must be obtained before the holder of an archaeological authority may enter the relevant site or undertake any activity under the authority; and
  • The site must be returned as nearly as possible to its former state; and
  • Any activity undertaken at the site must be according to accepted archaeological practice; and
  • Heritage New Zealand Pouhere Taonga, must provide a report to the holder of the authority, and the owner of the archaeological site consent, if different from the holder of the authority.

Duration of the authority

An authority is current for a period not exceeding 35 years, or if no period is specified, for a period of 5 years from the date on which the authority commences, which must not be more than 30 years after the authority is granted. e619f30b-7a6b-45c7-8dc4-61d1dac797e7   

Status of archaeological authority

An archaeological authority granted under the Fast Track Approval Act has the same force and effects as if it were granted under the Heritage New Zealand Pouhere Taonga Act 2014. 

  1. Fast Track Approvals Act, Schedule 8, cl 2

  2. Fast Track Approvals Act, Schedule 8, cl 4

  3. Fast Track Approvals Act, Schedule 8, cl 5

  4. Fast Track Approvals Act, Schedule 8, cl 6

Last updated at 7:41PM on February 7, 2025