Wagner Nicky: Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill — First Reading 
Text is incorporated into the Bound Volume 
Wagner Nicky: Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill — First Reading 
[Sitting date: 17 June 2009. Volume:655;Page:4420. Text is incorporated into the Bound Volume.] 
NICKY WAGNER (National) 
: 
 I rise to support the Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill. I congratulate Te Ururoa Flavell on his important speech which marked the very first member’s bill for the Maori Party. This bill concerns the handling of land taken by the Crown under the Public Works Act 1981. Mr Flavell and the Maori Party are particularly concerned about Maori land. Mr Flavell gave us a whole kete of examples of where land has been taken and is now being used for a different purpose from what it was intended for originally. This bill also concerns the land of Europeans Pakeha and all nationalities in our country. 
This bill has two purposes. The first is to make sure that the former owners of land taken under the Public Works Act are given the first right of refusal to purchase land that is no longer required for the purpose it was taken for. It is also to provide for solatium payments where land taken for a purpose is not actually used for that purpose. The first right of refusal for original landholders is already provided for in section 40 of the Public Works Act but this bill amends section 40 and provides more certainty for landowners. It deals with a whole series of different scenarios. The Public Works Act introduced a new regime to protect landowners and their ownership rights. It required that when the Commissioner of Works—whose equivalent now is the chief executive of Land Information New Zealand—or a local authority was disposing of land no longer required for public works the land was offered back to the original owners. When the former owner had died the land was to be offered back to his or her successor. Then finally it would be offered to the public for public sale. 
I have seen situations in central Christchurch where that has happened very successfully in the case of Pakeha land. One example is when Christchurch Girls’ High School moved from Cranmer Square in the central city to a new site across the park and the properties around the school that had been taken under the Public Works Act for school use were offered back to the original owners at market value. My local doctor had had his surgery next to the school taken 20 years previously and he was offered the property back. In actual fact it was his son who negotiated the sale. In that case the law worked well. But nothing is ever simple. There have been many situations where original landowners who may have expected the opportunity to get their land back have not been able to get their land back. 
There are a number of examples where land that has been taken for a specific purpose such as railways or roading then is no longer required for that purpose. Under the current law the Crown or the local authority may retain that land to use for another public purpose or the Crown or local authority can transfer that land to another public entity as long as that will be used for a public purpose without triggering the offer-back provisions. The result is that although the land was taken for a dedicated purpose and is no longer required for that purpose the original owner still has no opportunity to regain ownership. The original owner still has no opportunity to regain ownership despite the fact that the land is not being used for the purpose that it has been taken for and despite the fact that the purpose for which the land was taken formed part of the agreement between the owner the Crown and the local authority. The use of that land for another purpose is arguably in breach of this agreement. Furthermore the original owner does not get any compensation for his or her lost opportunity arising from the land being taken for a purpose for which it is not being used. There have been suggestions that sometimes the land has been sold on to Crown entities and that the use of that land is for profit with no benefit returns to the original owners. 
In this bill section 40 of the Public Works Act is amended to deal with those issues. The first amendment removes the ability for public bodies to transfer the land to another public purpose without triggering the offer-back provisions of the Public Works Act. The second removes the provision that land need not be offered back if it is impractical unreasonable or unfair to do so or if there has been a significant change in the character of the land since it was acquired. The third part of the amendment requires land to be given back at no cost if compensation was not paid when the land was originally taken for the public purpose. 
Most New Zealanders agree that the Crown must act in good faith. It is potentially in breach of good faith to take land for a specific purpose and not use it for that purpose and then not return it. In the case of Maori it is a breach of the good-faith partnership established under the Treaty of Waitangi. The second part of this bill provides for solatium payments in cases where the land is not used for the public works for which it was taken. The original owners or their successors may apply to the Land Valuation Tribunal for a solatium payment from the Crown for the loss of use and the loss of opportunities associated with the loss of that land. The bill requires that when accessing the amount of solatium payment regard must be taken of the means of the former owners and the circumstances surrounding the compulsory acquisition of such land. 
The Government will be supporting this bill through its first reading and will allow it to go to a select committee for more detailed consideration. There has been agitation for a change in the Public Works Act for some time. There was a review in 2001 and there has been a lot of talk a lot of papers and a lot of proposal about change but nothing has happened since then. 
Paul Quinn 
: Since when? 
NICKY WAGNER 
: Since 2001. 
Paul Quinn 
: Who was in Government? 
NICKY WAGNER 
: I believe it was a Labour Government. We recognise that there are a number of significant concerns about this bill in its current form. However important issues have been raised and they deserve the consideration of the select committee process. We encourage the public and Maori in particular to make submissions to the Local Government and Environment Committee. This is an important issue for Maori and for Pakeha and it is important to get it right. We support this bill. Thank you. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Before I call the next member I observe that the next calls are all 5 minutes long. If they wish I will give the members a warning bell at 4 minutes.