This section contains information about the assessment of the likely benefit to New Zealand arising from the factor relating to historic heritage.
Whether there are or will be adequate mechanisms in place for protecting or enhancing historic heritage within the relevant land, for example, any 1 or more of the following:
- conditions for conservation (including maintenance and restoration) and access:
- agreement to support the entry on the New Zealand Heritage List/Rārangi Kōrero of any historic place, historic area, wahi tapu, or wahi tapu area under the Heritage New Zealand Pouhere Taonga Act 2014:
- agreement to execute a heritage covenant:
- compliance with existing covenants ( s17(2)(d) )?
Key elements of this factor
There are three key elements to this factor:
- Historic heritage must be identified within the relevant land.
- There must be adequate mechanisms in place or proposed to protect or enhance the historic heritage.
- The protection or enhancement of historic heritage that is likely to result from the overseas investment must be additional to that which is likely to occur without the overseas investment.
Historic heritage is defined as meaning those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities: archaeological, architectural, cultural, historic, scientific, technological; and including:
- historic sites, structures, places, and areas;
- archaeological sites;
- sites of significance to Maori, including wahi tapu; and
- surroundings associated with the natural and physical resources.
Historic heritage may be identified in a sensitive land certificate but will not be in every case. The definition of historic heritage is not limited to historic places or areas that are entered on the New Zealand Heritage List/Rārangi Kōrero or for which there is an application that is notified under section 67(4) or 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014 (that is, a land sensitivity contained in tables 1 and 2 of Schedule 1 of the Act).
Identifying historic heritage
An applicant should obtain all available information about the relevant land and any historic heritage. This includes contacting the following entities (where appropriate) to identify any historic heritage within the relevant land:
- The relevant local authorities to obtain a Land Information Memorandum and any other information they have in relation to the relevant land;
- Heritage New Zealand in relation to any registered places;
- New Zealand Archaeological Association in relation to archaeological sites;
- Local iwi for knowledge about any other historic heritage that may not have been identified or recorded; and
- The vendor.
Physical inspections or archaeological surveys are also tools that may be used to identify historic heritage on the relevant land.
Protecting or enhancing historic heritage
The applicant must show that there are or will be adequate mechanisms in place to protect or enhance the historic heritage. Examples of protection and enhancement mechanisms include but are not limited to:
- conditions for conservation and access;
- agreement to support the entry on the New Zealand Heritage List/Rārangi Kōrero;
- agreement to execute a heritage covenant; or
- compliance with existing covenants.
In order to demonstrate a benefit under this factor, an applicant needs to show new or enhanced mechanisms for protecting and enhancing historic heritage. Generally, the benefit associated with enduring mechanisms such as heritage covenants are given greater weight than temporary measures.
A commitment to implement specific mechanisms will be given significantly greater weight than an agreement to consult with a relevant entity.
The continuation of current adequate mechanisms is unlikely to demonstrate a benefit.
Consultation with Heritage New Zealand or local iwi
Where the relevant land contains historic heritage applicants are encouraged to contact Heritage New Zealand Pouhere Taonga or the local iwi (as appropriate) before making an application to confirm that the protection or enhancement mechanisms they are proposing are appropriate.
Making a claim
Provide the following information when making a claim under this factor:
A description of the historic heritage on the relevant land.
Current protection or enhancement:
Details of any current measures in place to protect or enhance the historic heritage.
How the overseas investment will result in the protection or enhancement of historic heritage. For example the measures the applicant intends to take to protect or enhance the historic heritage and how they will be implemented.
The capital expenditure (if any) required.
When the protection or enhancement of the historic heritage is likely to occur.
The protection or enhancement that is likely to occur without the overseas investment.
Anything that may prevent the protection or enhancement of the historic heritage (for example, consents, approvals).
Conditions of consent
All consents are granted subject to conditions. Consent conditions will generally require consent holders to deliver, and report on, the benefits claimed in their application. The OIO monitors all consents to ensure that conditions are complied with.
Where the OIO considers that this factor is relevant to an application, an applicant may be required to consult with Heritage New Zealand or other appropriate entity and implement any reasonable mechanisms recommended as a condition of consent even if the applicant does not make a claim under this factor.
For more information see Heritage New Zealand’s Sustainable Management of Historic Heritage - Guide No.8 - Overseas Investment Act 2005.