New Zealand Acts

WHAKATŌHEA CLAIMS SETTLEMENT ACT 2024 - SECT 34

34 Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement

1 This section applies to an application made under section 44, 56, or 61 of the Heritage New Zealand Pouhere Taonga Act 2014 for an authority to undertake an activity that will or may modify or destroy an archaeological site within a statutory area.

2 On and from the effective date, Heritage New Zealand Pouhere Taonga must have regard to the statutory acknowledgement relating to the statutory area in exercising its powers under section 48, 56, or 62 of the Heritage New Zealand Pouhere Taonga Act 2014 in relation to the application.

3 On and from the effective date, the Environment Court must have regard to the statutory acknowledgement relating to the statutory area—

a) in determining whether the trustees are persons directly affected by the decision; and

b) in determining, under section 59(1) or 64(1) of the Heritage New Zealand Pouhere Taonga Act 2014 , an appeal against a decision of Heritage New Zealand Pouhere Taonga in relation to the application.

4 In this section,
"archaeological site" has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014 .