All government departments, state owned enterprises and Crown entities are responsible for managing land and buildings on their balance sheet.
This includes ensuring that any values that may be present on the land are properly identified, appropriately managed and protected if necessary before the land is disposed of.
If significant values are identified or issues arise during management or disposal of the land, the relevant oversight agency or Minister should be notified as soon as possible.
Linkage with existing processes
Existing statutory processes governing the disposal of land, such as the Public Works Act 1981 or Treaty settlement legislation, remain unaffected by the rescinding of the Land of Potential Interest process. These must be complied with, where applicable.
Other disposal processes including the Mechanism for the Protection of Mäori Interests, notifications to Department of Conservation, Housing New Zealand, and Heritage New Zealand Pouhere Taonga, or the Sites of Significance process, are also unaffected.
Where they apply, these processes provide a formal way of identifying and protecting the values identified in this factsheet. Crown agencies must continue to comply with these processes. In doing so, the Crown agency does not have to undertake a separate investigation of the same values (eg. the process to notify Heritage New Zealand Pouhere Taonga is a formal process to meet a Crown agency’s requirement to identify and consider heritage values).
Where one or more of the processes are not applicable to a Crown agency, it is expected that the agency will still consider the relevant values in this factsheet and seek expert advice from the appropriate contact agency where necessary.
If that advice recommends protection of a value, the Crown agency should fully consider the recommendation and make a decision, at an appropriate management level, before disposing of the land. If the Crown agency decides not to implement a recommendation it should notify the agency that provided the recommendation, and provide reasons for its decision.