What can I do if there is a covenant registered?

In general, you can still enjoy the historic heritage that you are seeking to protect. If it is a building, then you can continue to live in our use the building; if it is a archaeological site then you can continue to access it; if it is a wāhi tapu then you can also continue to access it – provided that the provisions of the covenant allow for this.

You can also perform maintenance and repairs to enhance your enjoyment of the historic heritage values. There are some activities that require consent from Heritage New Zealand Pouhere Taonga prior to undertaking, for example subdivision, restoration, relocation or additions. This consent will not be unreasonably withheld, however we will consider the effects on the heritage values and work with you to see if there is a way to provide for your plans and the heritage values.

You can also request some specialist technical advice and assistance if you wish to undertake any modifications or changes to the building. Talk to your regional office to learn more.

What can’t I do if there is a covenant registered?

You cannot destroy or permit the destruction of the historic heritage that is protected under the covenant. You also cannot undertake an activity that will undermine or adversely affect the historic heritage values of the building, place or site.

As above, where an activity may affect the historic heritage values, then prior consultation and consent may be required with Heritage New Zealand Pouhere Taonga staff prior.

What if I sell the land?

When we partner with an owner to protect historic heritage values through a covenant, that protection is in perpetuity, unless the provisions say otherwise. This means, new owners are subject to the restrictions in the covenant.

Can I vary or cancel a heritage covenant?

There is an ability to vary or cancel a heritage covenant by agreement between the parties. However, this is very rare and it would need to be considered by our Board and Māori Heritage Council as to whether this is in the best interests of safeguarding the property's long-term conservation.

For more information on heritage covenants or for a specific inquiry, contact our legal team.