An Analysis of Sentencing Practice and Decisions Under The Historic Places Act 1993

Abstract

The power to prosecute has existed under the Historic Places Act 1993 (the ―Act‖) and its predecessors since 1975. Since that time there have been approximately 24 prosecutions commenced, most of which have been successful. Despite that, there has been virtually no academic analysis of the law that has developed relating to sentencing under the Act, and whether or not that law has provided a coherent and principled response to offending against it. This thesis aims to fill that void by comprehensively analysing sentencing practice and decisions under the Act, and undertaking an assessment of whether or not the courts have adopted a consistent and principled approach to sentencing those committing offences under the Act. This thesis includes a brief review of the early heritage movement leading to the passing of the Act, and the underlying purpose of the legislation; the specific offences created by it; a discussion of conventional regulatory sentencing practice applied in the specific statutory context of the Act; the relationship between sentencing under the Resource Management Act 1991 and the Act; a review and analysis of all of the available sentencing decisions under the Act; and an evaluation of future legislative developments. Ultimately this thesis concludes that the sentencing response of the courts to offending under the Act has been both consistent and principled.