Wagner Nicky: Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Wagner Nicky: Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill — Second Reading 
[Sitting date: 21 July 2010. Volume:665;Page:12562. Text is incorporated into the Bound Volume.] 
NICKY WAGNER (National) 
: 
 I rise to debate the Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill in the name of Te Ururoa Flavell. This bill looks to amend the Public Works Act 1981. It seeks to ensure that former owners of Maori or general land taken or acquired by the Crown for the purpose of public works are given the first right of refusal to purchase back that land when the Crown no longer requires it for the public work for which it was originally taken and also that solatium payments can be made for loss of land and loss of opportunities associated with the use of that land when the land was acquired or alienated for public works use but for which it was not actually used. The key here is that it was not actually used. 
The Local Government and Environment Committee has considered this bill. There were 71 submissions and a lot of interest in the bill which led to some fascinating discussions. Te Ururoa Flavell and the Maori Party acknowledge that although the bill contains issues that should be addressed the bill in its current form is too far-reaching and broad. It raises a new set of issues that would be significant for the country. They further acknowledge that the Land Information New Zealand report on the bill recommends that it not proceed. It recommends that the bill does not proceed because of its retrospective element which would negate legitimate past use of the public works land and expose the Crown and local authorities to significant financial costs. It recommends that the bill does not proceed because it creates a very restrictive and costly regime for future strategic planning and management of public works and the return of public works land. It recommends that the bill does not proceed because its purpose is already met by current mechanisms for redress for compensation and offer back available through the courts system and the Treaty of Waitangi settlement process. 
The report also notes a series of technical difficulties with the bill. Te Ururoa Flavell suggests that although the bill should not proceed he would like to see either an overall review of the Public Works Act or at least a review of section 40 which provides a series of issues that he feels any review should include. The first issue is the inclusion of the Treaty of Waitangi in the Public Works Act. He would like to see a special review of section 40 because it fails to acknowledge and address the historical injustices created by the use of the Public Works Act to dispossess Maori of their land. He would like to see solatium payments made available by the Crown to beneficiaries and considers that the Maori Land Court is an appropriate forum to determine these issues. 
The Local Government and Environment Committee reported back to the House that it did not want to proceed with the bill. However it recommended that when the Public Works Act is reviewed the issues raised during the consideration of this bill are included in that debate.