In March, Webster and Mitchell were dismantling the tops of the kilns - one built in 1898 and the second in 1900 - so they could be cleared by an irrigator, when work had to stop because it was in breach of the Historic Places Act, despite having a resource consent granted by the Waitaki District Council.
That led to Heritage NZ calling for a report on the damage. Otago-Southland regional archaeologist Matthew Schmidt said the matter was ongoing.
A letter was sent to Webster and Mitchell in May and a site visit was planned next month.
''No decision [on any action] will be made until after that time,'' Dr Schmidt said.
In the interim, the owner had been granted an archaeological authority to move the stones from the kiln site to a secure place, and for work to take place around the site.
However, there was an area marked out for the owner where earthworks, farming and irrigation cannot take place, he said.
Any item built before 1900 is automatically protected under the Act and would need authority from Heritage NZ if it was to be modified, damaged or destroyed.
Webster and Mitchell was not aware that the kiln built in 1898 was covered by that provision, but had checked the council's district plan heritage items and neither of the two kilns was listed.
About 75% of the kilns remained when work stopped.
However, Heritage NZ emphasised it was the landowner's responsibility to ensure a building or site was not protected under the Act, and information on protection was available on its website.
Penalties under the Act can result in substantial penalties, including an ordered to rebuild what has been destroyed.
