(1)

A person may request the Minister in writing to conduct a review of:

(a)

the inclusion of a place in the Register by the Council (except under subsection 22(4) or (5)); or

(b)

a decision by the Council not to include a place in the Register; or

(c)

the removal of a place, part of a place or heritage value of a place from the Register by the Council (except under subsection 23(2)).

(2)

After receiving the request, the Minister must either:

(a)

confirm in writing the inclusion, decision or removal mentioned in subsection (1); or

(b)

direct the Council in writing:

(i)

to include the place in the Register with the boundary and heritage values specified (which may be the same as, or different from, the previous boundary and heritage values (if any) of the place); or

(ii)

to remove the place from the Register.

Example: A direction under subparagraph (2)(b)(i) could:

(a) increase or reduce the area of a place the Council had included at any time in the Register (even if the Council had later removed the place or part of it); or
(b) change the heritage values included in the Register for a place the Council had included at any time in the Register, so that more or fewer values were included in the Register for the place; or
(c) include in the Register a place the Council decided not to include, with boundaries the same as or different from those considered by the Council for the place; or
(d) reinstate in the Register some or all of a place or part of a place the Council removed; or
(e) reinstate in the Register a heritage value the Council removed.

(3)

The Minister may confirm the inclusion, decision or removal mentioned in subsection (1) only if the Minister considers that it is justified, having regard only to:

(a)

the condition in whichever one of paragraphs 22(1)(d) and 23(1)(d) is relevant; and

(b)

whether the place meets the registration criterion.

(4)

The Minister may direct the Council to include a place in the Register with the boundary and heritage values specified in the direction only if he or she considers that the place, with that boundary, meets the registration criterion because of those values.

(5)

The Minister may direct the Council to remove a place from the Register only if he or she considers that the place no longer meets the registration criterion.

(6)

The Minister must, within a reasonable time, give written reasons for a confirmation or direction under this section to anyone who asks for them.