Public Works Act 1981

1: Short Title and commencement
1: This Act may be cited as the Public Works Act 1981.
2: This Act shall come into force on 1 February 1982. Preliminary
2: Interpretation
In this Act, unless the context otherwise requires,— aerodrome airport authority Airport Authorities Act 1966 Chief Surveyor common marine and coastal area section 9(1) construction execution construct execute Crown land Land Act 1948 defence work
a: any naval establishment, army camp, or air force base:
b: any arsenal and any other structure or place used for the purpose of constructing, repairing, making, or storing munitions or equipment for or belonging to the Armed Forces:
c: any other fortification, camping ground, training ground, parade ground, rifle, artillery, tank, weapon, or bomb range, or other work however designated which is constructed or intended to be used for the purpose of defence, and all roads or other works which may be requisite for approach to or otherwise necessary or convenient for the purposes of any such defence work drain eligible infrastructure section 8 Environment Court Resource Management Act 1991 Government work ; and includes land held or to be acquired for the purposes of the Conservation Act 1987 Schedule 1 (except the common marine and coastal area intellectual property Patents Act 2013 Designs Act 1953 Trade Marks Act 2002 Plant Variety Rights Act 2022 Copyright Act 1994 land local authority
a: any regional council, territorial authority, catchment authority or regional water board, harbour board, or electric power board:
b: any of the following as constituted, established, or continued by the Education and Training Act 2020
i: a board:
ii: the council of a university:
iii: a wānanga:
iv: Te Pūkenga—New Zealand Institute of Skills and Technology
c: an airport authority:
d: any other person or body (however designated) having authority, under any Act, to undertake the construction or execution of any public work local SPV work
a: that is constructed or intended to be constructed by or under the control of an SPV, or for the time being under the control of an SPV; and
b: for which a local authority is the responsible infrastructure authority local work
a: a work constructed or intended to be constructed by or under the control of a local authority, or for the time being under the control of a local authority; and
b: a local SPV work motorway section 138 notice protected Māori land section 11 public notice publicly notified public reserve reserve Reserves Act 1977 public work work
a: every Government work or local work that the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain, and every use of land for any Government work or local work which the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain by or under this or any other Act; and include anything required directly or indirectly for any such Government work or local work or use:
b: every Government work or local work constructed, undertaken, established, managed, operated, or maintained by any board (as defined in section 10(1)
c: any Government work or local work that is, or is required, for—
i: a university or wānanga as defined in section 10(1)
ii: the New Zealand Institute of Skills and Technology (as continued by that Act) or any of its subsidiaries that provide education or training (or both) railway
a: the land upon which any railway is made or authorised to be made under this Act, and all buildings and erections of every kind thereon, and all land held for railway purposes; and
b: all buildings, erections, wharves, jetties, works, rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description or kind capable of being used in respect of a railway, and situated or to be situated on any such land or held or used, or reputed to be held or used in connection with or for the purposes of a railway; and
c: all telephone, electric telegraph, or other communications installations used in connection with a railway Registrar-General of Land section 231 responsible infrastructure authority section 7 road section 121 SPV Infrastructure Funding and Financing Act 2020 State highway section 103 stopping telecommunications installation territorial authority Local Government Act 2002 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. 1928 No 21 s 2 Section 2 airport authority inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 2 common marine and coastal area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2 District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 2 eligible infrastructure inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 Environment Court inserted 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2 essential work repealed 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 2 Government work substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 2 Government work amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2 Government work amended 25 November 2004 section 103(1) Foreshore and Seabed Act 2004 Section 2 Government work amended 10 April 1990 section 37 Conservation Law Reform Act 1990 Section 2 intellectual property inserted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 2 intellectual property amended 24 January 2023 section 159 Plant Variety Rights Act 2022 Section 2 intellectual property amended 13 September 2014 section 249 Patents Act 2013 Section 2 intellectual property amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2 intellectual property amended 1 January 1995 section 236(1) Copyright Act 1994 Section 2 local authority replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 local authority amended 25 September 2020 clause 4(2) Education (Name Change for NZIST) Order 2020 Section 2 local SPV work inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 local work replaced 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 Minister repealed 1 April 1988 Public Works Amendment Act 1988 Section 2 Ministry repealed 1 April 1988 Public Works Amendment Act 1988 Section 2 National Roads Board repealed 1 October 1989 section 116(4) Government Roading Powers Act 1989 Section 2 Planning Tribunal repealed 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 2 protected Māori land inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 public foreshore and seabed repealed 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2 public work work substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 2 public work work replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 public work work replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 railway substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 2 Registrar-General of Land inserted 12 November 2018 section 250 Land Transfer Act 2017 Section 2 responsible infrastructure authority inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 SPV inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 2 State highway amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 2 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 Transit New Zealand repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2 urban area repealed 1 July 2003 section 262 Local Government Act 2002 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 19 April 2017 section 190 Resource Legislation Amendment Act 2017
3: Power to declare specific public work to be essential work
Section 3 repealed 31 March 1987 Public Works Amendment Act (No 2) 1987
4: Service and content of notices
1: Any notice under this Act may be served or given—
a: by delivering it personally to the person on whom it is to be served or to whom it is to be given; or
b: by leaving it, or sending it by post in a registered letter addressed to such person, at his usual or last known place of residence or business in New Zealand; or
c: by so delivering or posting it to any agent or attorney of such person; or
d: if such person is not known, or his whereabouts are not known, or his last place of residence or business is not known, or no agent or attorney of such person is known, to the person issuing the notice, by publishing it at least twice in a newspaper circulating in the locality in which the land affected by the notice is situated.
2: If a notice is sent by post in the manner prescribed by subsection (1), it shall be deemed to be served at the time at which the letter would have been delivered in the ordinary course of post; and in proving service of any such notice it shall be sufficient to prove that it was properly addressed and that it was accepted by the post office as a registered letter and that the notice has not, to the knowledge of the person making the declaration or affidavit of service or otherwise proving service, been returned by the post office to the sender.
3: If a notice is published in a newspaper in accordance with subsection (1), it shall be deemed to be served at the time of the last publication of the notice.
4: A notice required to be sent to a Minister of the Crown may be sent to the chief executive of the Minister's department at Wellington or, as the case may require, to the General Manager of Railways at the New Zealand Railways Corporation office at Wellington.
5: A notice required to be sent to a local authority may be sent to the chief executive at the office of the authority.
6: Except as otherwise provided in this Act, every notice shall—
a: specify—
i: the purpose of the notice; and
ii: the period covered (if intended to be intermittent); and
iii: the rights of objection to the matters referred to in the notice; and
iv: the name and address of an officer of the Ministry or local authority to whom inquiries in respect of the notice may be made; and
v: if entry on land is intended, the statutory authority for the entry; and
b: be signed, as the case may require, by—
i: a Minister of the Crown or an authorised officer of the Minister's department on the Minister's behalf; or
ii: the chief executive of the local authority or his or her deputy. 1928 No 21 s 3 Section 4(4) substituted 1 April 1988 Public Works Amendment Act 1988 Section 4(5) substituted 1 July 2003 section 262 Local Government Act 2002 Section 4(6)﻿(b)﻿(i) substituted 1 April 1988 Public Works Amendment Act 1988 Section 4(6)﻿(b)﻿(ii) substituted 1 July 2003 section 262 Local Government Act 2002
4A: Powers of Minister of Lands
Without limiting the powers conferred on the Minister of Lands by any other Act, the Minister of Lands shall have power to—
a: acquire any land, building, or structure required for any Government work, to settle the purchase price or compensation therefor, and to administer, develop, improve, transfer, or dispose of any such property:
b: acquire or hire personal property, including plant, stores, and equipment required for the performance of any of the Minister's activities or undertakings, and dispose of such property when no longer required or when commercially practicable. Section 4A inserted 1 April 1988 Public Works Amendment Act 1988
4B: Execution of contracts for public works, etc
1: Every contract or instrument relating to a Government work, unless otherwise expressly provided in this or any other Act, shall be entered into in the name of the Crown, and may, notwithstanding anything to the contrary in any other Act, be executed on the Crown's behalf by any Minister of the Crown, or by any person or office holder authorised by a Minister of the Crown in that behalf, either generally or in respect of any specified contract or instrument or of any specified class or classes of contract or instruments.
2: Every contract, deed, or other instrument relating to land acquired or to be acquired by the Crown under this Act, unless otherwise expressly provided in this or any other Act, shall be entered into in the name of the Crown and may, notwithstanding anything to the contrary in any other Act, be executed on the Crown's behalf by the Minister of Lands, or by any person or office holder authorised by the Minister in that behalf, either generally or in respect of any specified contract, deed, or instrument or of any specified class or classes of contracts, deeds, or instruments.
3: Every contract for the execution of local works shall be made in such manner as the local authority making it is authorised by law to make and execute its contracts.
4: All such contracts may be varied and discharged in the same manner respectively. Section 4B inserted 1 April 1988 Public Works Amendment Act 1988
4C: Delegation of Minister's powers
1: Any Minister of the Crown may from time to time, either generally or particularly, delegate in writing to any officer of the Minister's department any of the powers conferred on the Minister by this Act, except the power of delegation conferred by this section.
2: Despite subsection (1), the Minister for Land Information must not delegate the power to issue a notice of intention to take land under section 23(1)
3: Any delegation under this section may be made to—
a: a specified person; or
b: a person of a specified class; or
c: the holder for the time being of a specified office or appointment; or
d: the holders for the time being of offices or appointments of a specified class.
4: Subject to any general or special directions given or conditions or restrictions imposed by the Minister, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
5: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
6: A delegation under this section shall not affect the exercise of any power, function, or discretion by the Minister.
7: If the Minister by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Minister's successor in office.
8: Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate. Section 4C inserted 1 April 1988 Public Works Amendment Act 1988 Section 4C(2) replaced 19 April 2017 section 191 Resource Legislation Amendment Act 2017
1: Establishment and functions of Ministry of Works and Development
Part 1 repealed 1 April 1988 Public Works Amendment Act 1988
5: Ministry of Works and Development
Section 5 repealed 1 April 1988 Public Works Amendment Act 1988
6: Functions of Ministry
Section 6 repealed 1 April 1988 Public Works Amendment Act 1988
7: Powers of Minister
Section 7 repealed 1 April 1988 Public Works Amendment Act 1988
8: Other powers and functions not affected
Section 8 repealed 1 April 1988 Public Works Amendment Act 1988
9: Execution of contracts for Government works, etc
Section 9 repealed 1 April 1988 Public Works Amendment Act 1988
10: Annual report
Section 10 repealed 1 April 1988 Public Works Amendment Act 1988
11: Committees
Section 11 repealed 1 April 1988 Public Works Amendment Act 1988
12: Commissioner of Works and Assistant Commissioners of Works
Section 12 repealed 1 April 1988 Public Works Amendment Act 1988
13: Other officers and employees of Ministry
Section 13 repealed 1 April 1988 Public Works Amendment Act 1988
14: Delegation of Minister's powers
Section 14 repealed 1 April 1988 Public Works Amendment Act 1988
15: Delegation of powers by Commissioner of Works
Section 15 repealed 1 April 1988 Public Works Amendment Act 1988
2: Acquisition of land for public works
15A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 15A inserted 1 April 1988 Public Works Amendment Act 1988
16: Empowering acquisition of land
1: The Minister is hereby empowered to acquire under this Act any land required for a Government work.
2: Every local authority is hereby empowered to acquire under this Act any land required for a local work for which it has financial responsibility.
3: In addition, a local authority is empowered to acquire under this Act any land required for a local SPV work for which it is the responsible infrastructure authority. 1928 No 21 s 11 Section 16(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Acquisition by agreement
17: Acquisition by agreement
1: The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.
2: Any agreement to sell land to the Crown or a local authority for public work under this section may be implemented by a declaration under section 20 transfer instrument under the Land Transfer Act 2017
3:
4: If the land sought is—
a: Maori freehold land as defined in section 2 of Te Ture Whenua Maori Act 1993
b: beneficially owned by more than 4 persons; and
c: not vested in any trustee or trustees— the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 9 of the Maori Affairs Amendment Act 1974. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.
5: If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of entering into an agreement under this section and of executing any transfer or conveyance.
6: Where Public Trust section 81 Public Trust
7: Any agreement to sell the land to the Crown or to a local authority under this section may—
a: specify the method of acquiring title to the land; and
b: 1928 No 21 s 32(1), (2) Section 17(1) substituted 1 April 1988 Public Works Amendment Act 1988 Section 17(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 17(3) repealed 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 17(4)﻿(a) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 17(6) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 17(7)﻿(b) repealed 31 March 1987 Public Works Amendment Act (No 2) 1987
18: Prior negotiations required for acquisition of land for essential works
1: Where any land is required for any public
a: serve notice of his or its desire to acquire the land on every person having a registered interest in the land; and
b: lodge a notice of desire to acquire the land with the Registrar-General of Land record of title
c: invite the owner to sell the land to him or it, and, following a valuation carried out by a registered valuer, advise the owner of the estimated amount of compensation to which he would be entitled under this Act or the betterment that he may be liable to pay; and
d: make every endeavour to negotiate in good faith with the owner in an attempt to reach an agreement for the acquisition of the land.
2: If, after a period of 3 months,—
a: the owner fails to respond to any invitation issued under subsection (1); or
b: the owner refuses to negotiate with the Minister or the local authority, as the case may be; or
c: an agreement for the sale and purchase of the land is not made with the owner under section 17 the Minister or local authority may, within 1 year after notifying the owner under subsection (1), proceed to take the land under this Act.
3: Any notice under subsection (1)—
a: may be withdrawn by the Minister or local authority at any time; and
b: shall, in relation to any person and his interest in the land, be deemed to have been withdrawn at the expiration of the period of 1 year beginning on the day after the date on which the notice was served on that person unless, before the expiration of that period,—
i: proceedings have been commenced under subsection (2); and
ii: notice of the commencement of those proceedings has been given to that person.
4: Where any notice under subsection (1)—
a: has been withdrawn by the Minister or local authority under subsection (3)﻿(a); or
b: has been deemed to be withdrawn by virtue of subsection (3)﻿(b)— the Minister or local authority, as the case may require, shall give notice to that effect to the Registrar-General of Land
5: If the land required is—
a: Maori freehold land as defined in section 4
b: beneficially owned by more than 4 persons; and
c: not vested in any trustee or trustees— the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, before complying with the provisions of subsection (1), may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10
6: If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of this section.
7: Where—
a: after reasonable inquiry the owner of the land cannot be found or is absent from New Zealand without appearing to have appointed an attorney with power to act on his behalf, and a period of 3 months has elapsed since notification was attempted to be given under subsection (1); or
b: in the case of land to which subsection (5) relates, an order has not been made within 6 months after the application to the court under that subsection; or
c: the owner of the land has indicated that he does not object to the acquisition but he has no power to sell the land; or
d: the owner of the land is under a legal disability and he has no person to represent him; or
e: the land is subject to a right of way by virtue of section 168 (as it was before the repeal of that Act) the Minister or local authority, as the case may be, may, without complying with the provisions of subsection (1) or subsection (2), proceed to take the land under this Act.
8: Where Public Trust section 81 Public Trust Section 18(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 18(1)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(5) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 18(5)﻿(a) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 18(7)﻿(e) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(8) amended 1 March 2002 section 170(1) Public Trust Act 2001
19: Compensation certificate may be registered to protect agreement
1: Where the Minister or any local authority has entered into an agreement under section 17 Registrar-General of Land record of title
2: Every compensation certificate under this section shall set out—
a: the description of land affected by the certificate:
b: brief particulars of the agreement which the Minister or local authority has entered into in respect of the land:
c: the name and the address (if any) mentioned in the agreement of each person, other than the Minister or local authority, who is a party to the agreement:
d: the place where, and the hours during which, a copy of the agreement may be inspected, and a reference by which the agreement may be identified.
3: Notwithstanding anything contained in this section, where the land affected by an agreement comprises or includes part of the land in a record of title record of title
4: The validity of a compensation certificate shall not be affected by any misdescription in it of the land if sufficient information appears on the face of the compensation certificate to enable the Registrar-General of Land
5: Every person who acquires an estate or interest in any land in respect of which a compensation certificate under this section has been registered shall be bound by the agreement to which it relates to the same extent as the person from whom he acquired the estate or interest.
6: Every person who applies at the place and within the hours specified in a compensation certificate for permission to inspect the copy of the agreement shall be shown the copy and any annexed plan, and, if the agreement requires payment of any money or the vesting of any land or the execution of any work, shall if he so requests be advised as soon as possible of the extent to which the agreement has been performed.
7: Where the Minister or local authority is satisfied—
a: that any land against which a compensation certificate is registered is not affected or no longer affected by the agreement to which the compensation certificate refers; or
b: in any other case, as soon as all the requirements of the agreement have been performed or otherwise discharged so far as they affect any piece of land and that piece of land has ceased to be injuriously affected by the agreement and by any act done under the agreement— the Minister or local authority shall notify the Registrar-General of Land
8: Every compensation certificate, and every notice under subsection (7), shall be signed by the Minister or by some person authorised by the Minister in that behalf or, in the case of a local authority, shall be signed by the chief executive 1948 No 39 s 17 Section 19(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(8) amended 1 July 2003 section 262 Local Government Act 2002
20: Declaration may give effect to agreement
1: Where under this or any other Act, power is given to acquire land under this Act, the Minister, upon being satisfied—
a: that the owner of the land has agreed to his land being acquired; and
b: that no private injury will be done by the acquisition, or that compensation is provided by this Act for any private injury that will be done by the acquisition— may issue a declaration in writing that, an agreement to that effect having been entered into, the land is thereby acquired for the purpose for which it is authorised to be acquired.
2: Every declaration issued under subsection (1) shall have the effect of and be deemed to be a Proclamation under section 26
3: Where an agreement for the purchase of any land has been entered into, title to the land, if not otherwise acquired, shall be transferred or surrendered to the Crown or to the local authority, as the case may be.
4: Any land purchased and transferred or surrendered under this section shall be deemed to be land acquired under the authority of this Act. 1928 No 21 s 32(4)–(6) 1962 No 41 s 4 1970 No 145 s 5
21: Land may be purchased or improved for granting as compensation
Any notifying authority, as defined in section 59 section 17 1928 No 21 s 32A 1976 No 165 s 2 Compulsory acquisition of land
22: Only land required for essential works may be compulsorily taken
Section 22 repealed 31 March 1987 Public Works Amendment Act (No 2) 1987
23: Notice of intention to take land
1: When land (other than land owned by the Crown) is required to be taken for any public
a: cause a survey to be made and a plan to be prepared, and lodged with the Chief Surveyor, showing the land required to be taken and the names of the owners of the land so far as they can be ascertained; and
b: cause a notice to be published in the Gazette
i: a general description of the land required to be taken (including the name of and number in the road or some other readily identifiable description of the place where the land is situated); and
ii: a description of the purpose for which the land is to be used; and
iii: the reasons why the taking of the land is considered reasonably necessary
iv: a period within which objections, other than objections by persons who are served with a copy of the notice under subsection (1)﻿(c), may be made; and
c: serve a notice on the owner of, and persons with a registered interest in, the land of the intention to take the land in the form set out in Schedule 1
1A: If the land to be taken is within a project area under the Urban Development Act 2020 section 9
2: The provisions of this section requiring the names of the owners of the land to be shown on the plan of the land shall have no application in respect of any Maori land unless title to the land is registered under the Land Transfer Act 2017
2A: For the purposes of subsection (2), land that is registered with a qualified record of title is not land that is registered under the Land Transfer Act 2017
3: Every person having any estate or interest in the land intended to be taken may object to the taking of the land to the Environment Court
4: Every notice of intention to take land given under this section shall, on the expiration of 1 year after the date of the publication in the Gazette
a: a Proclamation taking the land has been published in the Gazette
b: the Minister or the local authority has, by a further notice in writing served on the owner of the land, and persons with a registered interest in the land, intended to be taken, so far as they have been ascertained, confirmed the intention, subject to the provisions of this Act, of taking the land; or
c: the intention to take is the subject of any inquiry by the Environment Court Environment Court's Environment Court
5: Where the Minister or local authority has confirmed the intention of taking the land, the notice of intention so confirmed shall cease to have effect unless, on or before the expiration of 2 years after the date of such confirmation, a Proclamation taking the land has been published in the Gazette
6: Where any such notice of intention given by the Minister or a local authority has so ceased to have effect, the notice shall not be repeated until at least 6 months after the date on which the original notice or the confirming notice, as the case may require, ceased to have effect.
7: A copy of the notice under subsection (1)﻿(b) shall be lodged with the Registrar-General of Land record of title
8: Any notice under this section may be withdrawn by the Minister or local authority and, if it is withdrawn, a notice to that effect shall be lodged with the Registrar-General of Land
9: No power in this section may be used to take protected Māori land for the purposes of a local SPV work. 1928 No 21 s 22 Section 23(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 23(1)﻿(b)﻿(iii) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 23(1A) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 23(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2A) inserted 12 November 2018 section 250 Land Transfer Act 2017 Section 23(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 23(4)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 23(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(9) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
24: Objection to be heard by
Environment Court
1: On receiving a written objection under section 23 Environment Court
2: Within 1 month after receiving a copy of the objection or within such further period as the Environment Court Environment Court
a: the statutory or other authority under which it is proposed to take the land; and
b: the nature of the work to be constructed or the purpose for which the land is required; and
c: such other matters as may be appropriate having regard to the objections made and to any practice directions issued by the Environment Court
3: The Environment Court
4: Not less than 15 working days' notice of the time and place so appointed shall be given to the objector and to the Minister or local authority, as the case may require.
5: Every such hearing shall be held in public unless the objector gives written notice to the Environment Court
6: At every such hearing the Minister or the local authority may be represented by counsel or by an officer of the Minister's department
6A: The Environment Court may, whether or not the parties consent,—
a: accept evidence that was presented at a hearing described in section 39(1)
b: direct how evidence is to be given to the court.
7: The Environment Court
a: ascertain the objectives of the Minister or local authority, as the case may require:
b: enquire into the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives:
c: in its discretion, send the matter back to the Minister or local authority for further consideration in the light of any directions given by the court
d: decide whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the Minister or local authority, as the case may require, for the land of the objector to be taken:
e: prepare a written report on the objection and on the court's
f: submit its report and findings to the Minister or local authority, as the case may require.
8:
9: At the same time as the Environment Court
10: The report and findings of the Environment Court
11: Any objection filed under section 23 court
12: Where the objection is withdrawn by the objector pursuant to subsection (11), the court
13: The Environment Court
14: Subject to sections 299 308 Environment Court 1928 No 21 s 22A(3)–(10) 1973 No 44 s 7(1) Section 24 heading amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(2)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(3) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(5) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(6) amended 1 April 1988 Public Works Amendment Act 1988 Section 24(6A) inserted 19 April 2017 section 192 Resource Legislation Amendment Act 2017 Section 24(7) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(7) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(7)﻿(c) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(7)﻿(e) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(8) repealed 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(9) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(9) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(10) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(10) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(11) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(11) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(12) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 24(12) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(13) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(14) substituted 16 December 1983 section 38(1) Town and Country Planning Amendment Act 1983 Section 24(14) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 24(14) amended 1 October 1991 section 362 Resource Management Act 1991
25: Environment Judge An Environment Judge Environment Judge court section 24 1928 No 21 s 22A(2) Section 25 heading amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 25 amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 25 amended 2 September 1996 section 6(2)﻿(b) Resource Management Amendment Act 1996 Section 25 amended 1 October 1991 section 362 Resource Management Act 1991 Section 25 amended 16 December 1983 Town and Country Planning Amendment Act 1983
26: When Proclamation may issue
1: If no objection is made within the time allowed under this Act or, if made, is withdrawn by the objector or is disallowed by the Environment Court section 23
a: subject to the provisions of section 32
i: a survey plan shall be prepared, in duplicate, showing accurately the position and extent of the land proposed to be taken; and
ii: such plan shall be signed by the Chief Surveyor as evidence of its accuracy; and
iii: a duplicate print of the title plan shall be prepared; and
b: in the case of any Government work, the Minister shall recommend the Governor-General to issue a Proclamation taking the land:
c: in the case of any local work—
i: the local authority shall submit to the Governor-General a request to take the land proposed to be taken, together with the plan in duplicate unless the provisions of section 32
ii: every such request shall be signed by the chief executive
iii: a statutory declaration by the chairperson or mayor or the chief executive Schedule 2
iv: every such declaration shall be accompanied, where applicable, by the relevant report of the Environment Court
2: The Governor-General may, if he thinks fit, by Proclamation declare that the land described in it is taken for the public
3: The land specified in the Proclamation shall, unless otherwise provided in the Proclamation or in this Act or in any other Act, become absolutely vested in fee simple in the Crown or in the local authority, as the case may require, freed and discharged from all mortgages, charges, claims, estates, or interests of whatever kind for the public Gazette 1928 No 21 s 23 Section 26(1) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 26(1) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 26(1)﻿(c)﻿(ii) amended 1 July 2003 section 262 Local Government Act 2002 Section 26(1)﻿(c)﻿(iii) amended 1 July 2003 section 262 Local Government Act 2002 Section 26(1)﻿(c)﻿(iv) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 26(2) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 26(3) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
27: Natural material on land may be acquired or taken for public work
1: In this section, natural material
2: Subject to subsection (3), where any work Crown or the local authority by
a: enter during daylight on any land and dig and remove any natural material from it; and
b: enter during daylight on any land for the purpose of gaining access to any river or stream, and, subject to the approval of the catchment authority, dig and remove natural material from the river or stream in such manner as will not divert or interrupt the course of the river or stream or damage any building, road, ford, or drain; and
c: enter during daylight on any land so as to gain access to other land for any purpose authorised under this section.
3: Entry shall not be made under subsection (2) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.
4: No natural material shall be dug or removed under subsection (2)﻿(b) within 50 metres above or below any bridge, dam, or ford without the consent of the person or authority having control over the bridge, dam, or ford.
5: Before entering on land under subsection (2), a Minister of the Crown
a: a description of the land affected; and
b: the type of material required; and
c: the approximate quantity of material required; and
d: the use proposed to be made of the material to be removed; and
e: how and when entry is to be made; and
f: a statement of the owner or occupier's rights under subsection (6); and
g: a statement that the owner or occupier will be entitled to compensation under this Act.
6: The owner or occupier may, within 10 working days after receiving the notice and after giving notice to the Minister or local authority, as the case may be, of his intention to do so, object to the District Court nearest to the land concerned, and the court may summon the Minister or local authority or his or its representative to appear before the court at a time and place named in the summons.
7: If it appears to the court that the taking proposed is unreasonable or unnecessary, the court may order that natural material from the land in question shall not be taken, or shall not be taken in the manner proposed; or the court may order that natural material be taken from such land in such manner and to such extent only and subject to such limitations and restrictions as the court thinks fit; and all persons concerned shall be bound by any such order.
8: Nothing in this section shall derogate from the provisions of Part 3 1928 No 21 s 17 Section 27(2) amended 1 April 1988 Public Works Amendment Act 1988 Section 27(2) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 27(5) amended 1 April 1988 Public Works Amendment Act 1988 Section 27(5)﻿(g) substituted 1 April 1988 Public Works Amendment Act 1988 Section 27(8) substituted 1 October 1991 section 362 Resource Management Act 1991 Land required under Infrastructure Funding and Financing Act 2020 Heading inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
27A: Transfer of land taken for construction of eligible infrastructure
1: This section applies to land acquired under this Part by a local authority—
a: using the power conferred by section 16(3)
b: using the power conferred by section 16(2)
2: The local authority (that is a responsible infrastructure authority) may transfer the land to the responsible SPV for the purpose of a local SPV work.
3: Sections 40 to 42A
a: a transfer under subsection (2); or
b: a transfer of the land back to the local authority under section 90
4: If the local authority or the SPV that owns the acquired land no longer requires any of that land for eligible infrastructure, the authority or SPV must dispose of the land in accordance with sections 40 to 42A Section 27A inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Extending estates in land that may be acquired or taken
28: Particular estates in land may be acquired or taken
The power conferred by this or any other Act to acquire or take land for a public work shall include the power—
a: to acquire or take and to hold the land subject to any particular estate, interest, easement, profit à prendre
b: to acquire or take and to hold separately—
i: any particular estate or interest in the land, whether for the time being subsisting separately or not; or
ii: any easement or profit à prendre 1939 No 39 s 62(1)
29: Acquisition of certain public land
Where there is power to acquire or take any land for a public work under this or any other Act, that power, unless otherwise specially provided,—
a: shall not include the power to acquire or take any part of a road:
b: shall include the power to acquire or take any land vested in any local authority or any land vested in trustees for any local or general public purpose. 1928 No 21 s 13
30: Subsisting licence may be acquired or taken for public work
Where any land is taken or set apart for a public work, any subsisting licence, permit, right, privilege, or authority in respect of the land may be taken by the same or a subsequent Proclamation; and on and after a day to be named in the Proclamation the licence, permit, right, privilege, or authority shall vest in the Crown, or the local authority, as the case may be, freed and discharged from all mortgages, charges, claims, liens, bills of sale, and interests of any kind whatsoever. The provisions of this Act shall, so far as they are applicable and with the necessary modifications, apply in every such case as if the licence, permit, right, privilege, or authority were an interest in land. 1948 No 39 s 18
31: Surface, subsoil, or air space may be acquired separately
1: The Minister or local authority may, in acquiring or taking land for a public work, acquire only the surface, together with such part of the subsoil or of the air space above the surface as is deemed necessary, or may acquire or take all or only such part of the subsoil or of the air space above the surface as is deemed necessary excluding the surface.
2: Where any land is so acquired or taken and any or all of the subsoil beneath that land is not so acquired or taken, the land shall, except pursuant to any agreement to the contrary, have no right of support from the subjacent soil.
3: Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken it shall not be lawful for any person to extract minerals or otherwise interfere with the subjacent land until 6 months' notice of his intention to do so has been given in writing to the Minister in the case of a Government work, or to the local authority in the case of a local work.
4: Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken, the Crown or the local authority, as the case may be, may at any time thereafter acquire or take in accordance with this Act any part of the subsoil underlying the land so acquired or taken, where the acquisition or taking is necessary for the support or protection of the work on the surface or in the air space above that subsoil. 1928 No 21 s 21 Miscellaneous provisions
32: Survey and plan not required in certain cases
For the purposes of sections 20 23 26 36 37 52 107
a: where it is proposed to deal with the whole or the residue of the land comprised in any record of title issued under the Land Transfer Act 2017 the record of title
b: where it is proposed to deal with land previously dealt with and separately described in any Proclamation, declaration, notice, or Order in Council issued, or deemed to have been issued, under any of those sections, the description there used shall be deemed to be a sufficient identification of the land:
c: where it is proposed to deal with the whole of the land comprised in a separate lot or other surveyed subdivision which is shown on a plan lodged with the Registrar-General of Land in accordance with the provisions of the Land Transfer Act 2017 1952 No 58 s 18 Section 32(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 32(c) amended 12 November 2018 section 250 Land Transfer Act 2017
33: Protective fences to be made before boundary fences removed
Nothing in this Act shall authorise any person to remove any fencing on or near the boundary of any land that has been or is intended to be acquired under this Act unless—
a: other fences have been erected so that all land adjacent to that land is as effectually protected against damage by trespass as it would be if the fences were not removed; or
b: the owner of the adjacent land has agreed in writing to the removal of the fencing. 1928 No 21 s 33
34: Owner may require severed land to be taken
1: Where part of the landholding of any person is taken compulsorily under this Act, that person may require the Minister or local authority, as the case may be, to take as a public
a: more costly to retain at the same standard as previously; or
b: less useful to that person.
2: Should any dispute arise as to whether or not any of the circumstances set out in this section apply to the land, the owner of the land may apply to the Environment Court Environment Court
3: The Minister or local authority may subdivide, develop, provide access to, set apart, or dispose of any land taken under this section. Section 34(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 34(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996
35: Acquisition or taking of land not to operate as merger of interests
The acquisition or taking of any land under this Act shall not operate as a merger of interests unless or until the Minister or local authority requests that such merger be noted against the title affected by the Registrar-General of Land Section 35 amended 12 November 2018 section 250 Land Transfer Act 2017 Defining middle line of road or railway
36: Procedures for defining middle line
Section 36 repealed 1 October 1991 section 362 Resource Management Act 1991
36A: Transitional procedures for defining middle line
Where a notice has been issued in the Gazette sections 36 to 39 Resource Management Act 1991 sections 36 to 39 Section 36A inserted 1 October 1991 section 362 Resource Management Act 1991
37: Land affected by middle line notice may be taken by Proclamation
Section 37 repealed 1 October 1991 section 362 Resource Management Act 1991
38: Middle line notice to lapse after certain period
Section 38 repealed 1 October 1991 section 362 Resource Management Act 1991
39: Registration of middle line notice may be cancelled
Section 39 repealed 1 October 1991 section 362 Resource Management Act 1991
3: Dealing with land held for public works
39A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 39A inserted 1 April 1988 Public Works Amendment Act 1988
40: Disposal to former owner of land not required for public work
1: Where any land held under this or any other Act or in any other manner for any public work—
a: is no longer required for that public work; and
b: is not required for any other public
c: is not required for any exchange under section 105 the chief executive of the department within the meaning of section 2 of the Survey Act 1986
2: Except as provided in subsection (4), the chief executive of the department within the meaning of section 2 of the Survey Act 1986
a: he or it considers that it would be impracticable, unreasonable, or unfair to do so; or
b: there has been a significant change in the character of the land for the purposes of, or in connection with, the public work for which it was acquired or is held— shall offer to sell the land by private contract to the person from whom it was acquired or to the successor of that person—
c: at the current market value of the land as determined by a valuation carried out by a registered valuer; or
d: if the chief executive of the department within the meaning of section 2 of the Survey Act 1986
2A: If the chief executive of the department within the meaning of section 2 of the Survey Act 1986
3: Subsection (2) shall not apply to land acquired after 31 January 1982 and before the date of commencement of the Public Works Amendment Act (No 2) 1987 for a public work that was not an essential work.
4: Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986
5: For the purposes of this section, the term successor Section 40(1) amended 1 July 1996 Survey Amendment Act 1996 Section 40(1)﻿(b) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 40(2) substituted 1 November 1982 Public Works Amendment Act 1982 Section 40(2) amended 1 July 1996 Survey Amendment Act 1996 Section 40(2A) inserted 1 November 1982 Public Works Amendment Act 1982 Section 40(2A) amended 1 July 1996 Survey Amendment Act 1996 Section 40(3) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 40(4) amended 1 July 1996 Survey Amendment Act 1996
41: Disposal of former Maori land when no longer required
1: Notwithstanding anything in sections 40 42 section 40(2)
a: Maori freehold land or General land owned by Maori (as those terms are defined in section 4
b: beneficially owned by more than 4 persons; and
c: not vested in any trustee or trustees— the chief executive of the department within the meaning of section 2 of the Survey Act 1986
d: comply with the requirements of section 40
e: apply to the Maori Land Court for the district in which the land is situated for an order under section 134
2: This section is subject to subpart 5 Section 41(1) amended 1 July 1996 Survey Amendment Act 1996 Section 41(1)﻿(a) substituted 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 Section 41(1)﻿(e) amended 1 July 1993 section 362(1) Te Ture Whenua Maori Act 1993 Section 41(2) inserted 7 August 2020 section 300 Urban Development Act 2020
42: Disposal in other cases of land not required for public work
1: Where—
a: any offer to sell land under section 40(2) chief executive of the department within the meaning of section 2 of the Survey Act 1986
b: any land is no longer required for a public work and subsections (2) and (4) of section 40 the chief executive of the department within the meaning of section 2 of the Survey Act 1986
c: cause the land to be offered for sale to the owner of any adjacent land at a price fixed by a registered valuer; or
d: cause the land to be offered for sale by public auction, public tender, private treaty,
2: The chief executive of the department within the meaning of section 2 of the Survey Act 1986
3: Subject to section 40(2)
a: is not required for that work; or
b: for any other reason the Minister considers it expedient to do so— the Minister, without complying with any other requirements of this section, may by notice in the Gazette Land Act 1948
4: Except in any case to which section 40(2)
a: in the case of any lease, tenancy, easement, or profit à prendre
b: by notice in the Gazette department within the meaning of the Survey Act 1986
5: Where any such interest is declared to be under the control and management of the department within the meaning of the Survey Act 1986
a: in the case of any lease, tenancy, easement, or profit à prendre
b: in any other case, be administered and disposed of under the Land Act 1948
6: Any land disposed of under section 40 transfer instrument Land Transfer Act 2017 transfer instrument record of title Registrar-General of Land record of title record of title
7: Within 1 month after the registration of the transfer instrument 1928 No 21 s 35 1954 No 85 s 4(1) Section 42(1) amended 1 July 1996 Survey Amendment Act 1996 Section 42(1)﻿(a) amended 1 July 1996 Survey Amendment Act 1996 Section 42(1)﻿(d) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 42(1)﻿(d) proviso repealed 1 July 2003 section 262 Local Government Act 2002 Section 42(2) amended 1 July 1996 Survey Amendment Act 1996 Section 42(4)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Section 42(5) amended 1 July 1996 Survey Amendment Act 1996 Section 42(6) substituted 16 December 1983 Public Works Amendment Act 1983 Section 42(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(7) added 16 December 1983 Public Works Amendment Act 1983 Section 42(7) amended 12 November 2018 section 250 Land Transfer Act 2017
42A: Solatium payment for loss of opportunity to purchase
1: Where—
a: a recommendation made or deemed to have been made by the Waitangi Tribunal under section 8A
b: any provision of an Act of Parliament returns to Maori ownership any land that immediately before being so returned was held for a public work,— any person (being the person from whom that land was acquired or the successor of the person from whom that land was acquired) who would, but for section 8A(5) section 40 section 41
2: Every person who makes an application to the Land Valuation Tribunal under subsection (1) shall, as soon as practicable after making that application, serve a copy of that application on the chief executive of the department within the meaning of section 2 of the Survey Act 1986
3: Subject to subsection (4), the Land Valuation Tribunal shall, in assessing the amount of any solatium payment payable under this section, take into account—
a: the fact that the person from whom the land was acquired was paid, at the time of acquisition, the then market price as agreed or assessed; and
b: any other payments made to the person from whom the land was acquired; and
c: the fact that the offer under section 40 section 41
d: the reasonable likelihood of the offeree being financially capable of accepting the offer; and
e: the degree of attachment that the offeree has to the land, including, in particular, the degree of attachment that exists by reason of the offeree or members of the offeree's family or both having been associated with the land over a considerable period of time; and
f: the likely market value of the opportunity to purchase the land.
4: No solatium payment payable under this section in respect of the loss of the opportunity to purchase any land shall exceed $20,000. Section 42A inserted 3 November 1995 section 38 Waikato Raupatu Claims Settlement Act 1995 Section 42A(2) amended 1 July 1996 Survey Amendment Act 1996
42B: Notice of right to apply for solatium payment
1: Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 is advised by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 section 45P
a: whether an offer under section 40 section 41
b: whether, in his or her opinion, any person is entitled to apply to the Land Valuation Tribunal under section 42A
2: Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 section 42A Section 42B inserted 3 November 1995 section 38 Waikato Raupatu Claims Settlement Act 1995 Section 42B(1) amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 42B(1) amended 1 July 1996 Survey Amendment Act 1996 Section 42B(2) amended 1 July 1996 Survey Amendment Act 1996
43: Land may be sold on deferred payments
Any land held for a public work and proposed to be sold pursuant to section 40 section 42 1928 No 21 s 36
44: Application of purchase money
section 40 section 42 section 43
a: be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989
b: be paid into and form part of the general revenues of the local authority— as the case may require. Section 44 substituted 8 August 1991 Public Works Amendment Act 1991 Section 44 amended 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996
45: Land held for public work may be leased, etc
1: If any land is held for any public work under this or any other Act or in any other manner, the Minister or local authority, as the case may be, may grant a lease or tenancy of the land or a licence to occupy the land on such terms and conditions as he or it may think fit.
2:
3:
4:
5: All rents and profits derived from land under this section shall—
a: be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989
b: be paid into the bank account of the Crown agency (within the meaning of the Public Finance Act 1989
c: be paid into the general revenues of the local authority or controlling authority— as the case may require.
6: The Minister or local authority may at any time accept the surrender of any lease, tenancy, or licence to occupy granted under this section. 1928 No 21 s 39 Section 45(2) repealed 29 July 1995 section 8(2) Transit New Zealand Amendment Act 1995 Section 45(3) repealed 29 July 1995 section 8(2) Transit New Zealand Amendment Act 1995 Section 45(4) repealed 29 July 1995 section 8(2) Transit New Zealand Amendment Act 1995 Section 45(5) substituted 8 August 1991 Public Works Amendment Act 1991
46: Sale and removal of timber and coal from land held for public work
1: The Minister may, by notice in the Gazette
2: Nothing in subsection (1) shall limit the liability of the Crown for any damage that may be caused by reason of the removal of any such timber or coal.
3: Nothing in this section shall derogate from the provisions of the Resource Management Act 1991 1928 No 21 s 40 1971 No 25 s 245 Section 46(3) substituted 1 October 1991 section 362 Resource Management Act 1991
47: Issue of
record of title
1: Except as provided in subsection (4), where any land has become vested in the Crown or a local authority under this Act or any former Act relating to public works, the Registrar-General of Land record of title for the estate in the land or part of the land specified in the request record of title
2: Any instrument which relates to the land in any such record of title Land Transfer Act 2017
3:
4: Nothing in this section shall apply to any land vested in the Crown in respect of which provision is made by any other Act for the issue of a record of title 1952 No 58 s 19 Section 47 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 47(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 47(1) amended 16 December 1983 Public Works Amendment Act 1983 Section 47(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 47(3) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 47(4) amended 12 November 2018 section 250 Land Transfer Act 2017
48: Easement may be granted over land held for public work
The Crown or the local authority having control of the public work, as the case may be, may from time to time grant to any person any easement in, through, over, or under any land held for a public work, subject to such conditions and payment of rent as the Crown or the local authority thinks fit, including, except where otherwise specifically agreed, revocation without compensation on 3 months' notice in writing. 1928 No 21 s 41
49: Dealing with strata
Every power conferred by this Act on the Minister or a local authority, as the case may be, to sell or let or lease any land held for a public work, or to grant an easement in respect of any such land, shall include the power to sell or let or lease, or grant any easement in respect of, together with or separately from the surface of the land,—
a: the whole or any portion of the air space above the land:
b: the whole or any portion of the subsoil of the land. 1962 No 41 s 5
50: Transfer of existing public works
1: Notwithstanding anything to the contrary in this Act or in any other Act, but subject to section 40
2: Any agreement relating to the sale and purchase of a public work pursuant to this section may contain such provisions as the Minister and the local authority, or the 2 or more local authorities, think fit.
3: If any agreement under this section involves a change of the ownership of any land, the land may be taken by the local authority or the Minister, as the case may require, by declaration under section 20 1945 No 45 s 35
51: Prohibiting acquisition of rights by adverse user of land held for public work
1: No
1A: Subsection (1) applies despite any enactment that prescribes a limitation period or other limitation defence.
2: The provisions of subsection (1) shall be in addition to and not in derogation from the provisions of sections 51 159 1935 No 27 s 12 Section 51(1) amended 1 January 2011 section 58 Limitation Act 2010 Section 51(1A) inserted 1 January 2011 section 58 Limitation Act 2010 Section 51(2) amended 12 November 2018 section 250 Land Transfer Act 2017
52: Setting apart Crown land, public reserve, etc, for public work
1: Subject to
a: a public reserve is required for any public work; or
b: any Crown land, or common marine and coastal area
c: any wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of the Wildlife Act 1953
d: any land held for a Government work is required for another Government work— the Minister may, by notice in the Gazette
2: The whole or any part of a public reserve shall not be set apart under subsection (1) without the consent of the Minister of Conservation
3: Land shall not be set apart under subsection (1) without the consent of—
a: the Minister of Conservation, if it is a conservation area within the meaning of the Conservation Act 1987 section 61 section 62
aa:
ab:
b: the Minister of Transport or the Minister of Conservation, as may be appropriate common marine and coastal area
c: the Minister of Conservation Wildlife Act 1953
4: Subject to subsections (6) to (8), if the whole or any part of any land held by a local authority (other than a road, access way, or service lane) is required for another local work to be undertaken by that local authority, the Minister, on receiving a written request by the local authority signed by its chief executive Gazette
5: The whole or any part of a public reserve held by a local authority shall not be set apart under this Act for a public work to be undertaken by the same local authority unless the land is designated for the work in the district plan
6: Every request by a local authority under subsection (4) shall contain particulars of the land affected, of the work for which it is held, and of the work for which it is proposed to set the land apart.
7: A statutory declaration by the chairperson or mayor or the chief executive
8: Where the provisions of section 32 1928 No 21 s 25 1952 No 58 ss 4, 20 1962 No 41 s 3 Section 52(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 52(1)﻿(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 52(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 52(3)﻿(a) substituted 1 April 1988 Public Works Amendment Act 1988 Section 52(3)﻿(aa) repealed 1 April 1988 Public Works Amendment Act 1988 Section 52(3)﻿(ab) repealed 1 April 1988 Public Works Amendment Act 1988 Section 52(3)﻿(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 52(3)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 52(3)﻿(c) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 52(4) amended 1 July 2003 section 262 Local Government Act 2002 Section 52(5) amended 1 July 2003 section 262 Local Government Act 2002 Section 52(7) amended 1 July 2003 section 262 Local Government Act 2002
4: Gazetting, revocation, amendment, and registration of documents
52A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 52A inserted 1 April 1988 Public Works Amendment Act 1988
53: Proclamations and declarations not to take effect until gazetted
Except as provided in section 55 Gazette 1928 No 21 s 26
54: Revocation of Proclamation or declaration taking land
1: If at any time after the issue or making of any Proclamation or declaration taking or acquiring land for a public work under this Act, and before the payment or award of any compensation in respect of its taking, it is found that the land or any part of it is not required for the purpose for which it was taken, the Governor-General may by a subsequent Proclamation, or the Minister may by a subsequent declaration, published in the Gazette
2: The former Proclamation or declaration shall thereupon, to the extent to which it has been so revoked, be void and of no effect as from the date on which it was made.
3: Any registration which in respect of the taking or acquisition of that land has been effected by the Registrar-General of Land section 57
4: Any person who has or had any interest in the land so acquired or taken and who has, in respect of that interest suffered any loss or damage by reason of the Proclamation or declaration shall be entitled to recover compensation for that loss or damage under this Act in the same manner as if it were compensation payable under this Act.
5: Compensation under subsection (4) shall be recovered from—
a: the Minister, in the case of any Proclamation or declaration relating to a Government work:
b: the local authority, in the case of any Proclamation or declaration relating to a local work.
6: A Proclamation or declaration may be revoked under this section whether made before or after the commencement of this Act. 1928 No 21 s 27 Section 54(3) amended 12 November 2018 section 250 Land Transfer Act 2017
55: Amending or revoking documents
1: If any Proclamation, Order in Council, notice, declaration, or other document executed under this Act is found to contain any error in form or substance, or if any error in form or substance exists in or in relation to its making or gazetting, the Governor-General, Governor-General in Council, Minister, or other authorised person, as the case may require, may in a subsequent document of the same type amend or revoke the first-mentioned document to correct the error, and the subsequent document shall be deemed to have taken effect on the same date that the first-mentioned document took effect.
2: If the first-mentioned document is secondary legislation, the subsequent document—
a: is also secondary legislation ( see Part 3
b: has effect in accordance with subsection (1) despite not being first published. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It must be published in the same way as the first-mentioned document LA19 ss 69 73 Presentation The Minister must present it to the House of Representatives if the first-mentioned document was required to be presented LA19 s 114 cl 32 Disallowance It is disallowable if the first-mentioned document was disallowable LA19 ss 115 116 This note is not part of the Act. Section 55(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Minor misdescription not to invalidate documents
The validity of any Proclamation, Order in Council, or declaration under this Act shall not be affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the Proclamation, Order in Council, or declaration, to enable the Registrar-General of Land 1928 No 21 s 330A 1973 No 44 s 20 Section 56 amended 12 November 2018 section 250 Land Transfer Act 2017
57: Plan and Proclamation or declaration to be registered
1: Except as provided in section 58 held by the Registrar-General of Land by the Registrar-General of Land
2: If the land is not subject to the Land Transfer Act 2017
a: the Registrar-General of Land
b: upon such registration the land shall thereupon become subject to the Land Transfer Act 2017
3: An error in any Proclamation or declaration shall not of itself prevent its registration in respect of the titles to land validly affected.
4: If the land is subject to the Land Transfer Act 2017
5: 1928 No 21 s 28 Section 57(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 57(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 57(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 57(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 57(4) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 57(5) repealed 12 November 2018 section 250 Land Transfer Act 2017
58: Proclamation or declaration not registrable to be lodged with Chief Surveyor
In the case of a Proclamation or declaration taking, acquiring, or setting apart any land which is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908 1928 No 21 s 29 Section 58 amended 12 November 2018 section 250 Land Transfer Act 2017
5: Compensation
Preliminary
59: Interpretation
In this Part and in Part 6 claimant Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 Land Valuation Tribunal Tribunal Minister notified
a: made the subject of a requirement by a Minister of the Crown, a local authority, or a network utility operator under section 168 section 189 clause 4
b: designated for a public work or a project or work, or made the subject of a heritage order, included in an operative or proposed district plan under the Resource Management Act 1991
c: made subject to a notice of intention to take, or to the powers conferred by a middle line notice, issued under this Act; or
d:
e: made the subject of negotiations under section 17 section 18(1) notifying authority owner
a: a person who occupies the land under a lease, sublease, or licence, or a renewal of a lease, sublease, or licence, that—
i: is granted by the owner of the fee simple of the land or by the lessee of the land; and
ii: is not—
A: a weekly tenancy agreement; or
B: a monthly tenancy agreement; or
C: a tenancy to which the Residential Tenancies Act 1986
D: a statutory tenancy (as defined in section 207
b: a tenant for life of the land:
c: a beneficial owner of the land respondent 1928 No 21 s 101A 1970 No 145 s 6 1975 No 138 s 30(1) Section 59 Minister inserted 1 April 1988 Public Works Amendment Act 1988 Section 59 notified substituted 1 October 1991 section 362 Resource Management Act 1991 Section 59 notified substituted 1 October 1991 section 362 Resource Management Act 1991 Section 59 notified repealed 1 July 2003 section 262 Local Government Act 2002 Section 59 owner replaced 19 April 2017 section 193 Resource Legislation Amendment Act 2017 Entitlement
60: Basic entitlement to compensation
1: Where under this Act any land—
a: is acquired or taken for any public
b: suffers any injurious affection resulting from the acquisition or taking of any other land of the owner for any public
c: suffers any damage from the exercise (whether proper or improper and whether normal or excessive) of—
i: any power under this Act; or
ii: any power which relates to a public work and is contained in any other Act— and no other provision is made under this or any other Act for compensation for that acquisition, taking, injurious affection, or damage, the owner of that land shall be entitled to full compensation from the Crown (acting through the Minister)
2: Where any compensation is payable under subsection (1) to any person who is the lessee under any lease granted by the Crown or the local authority that acquired or took any land that is subject to the lease, that person shall not be entitled to any damages arising from the breach of any express or implied—
a: covenant for quiet enjoyment; or
b: covenant not to derogate from the grant contained in that lease. 1928 No 21 s 42(1) Section 60(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 60(1)﻿(a) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 60(1)﻿(b) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
61: Exceptions to right to compensation
1: Compensation shall not be payable in respect of—
a: any land taken for a road, motorway, or railway under this Act where the right to make a road over the land is otherwise reserved to the Crown, and has not lapsed or become barred:
b: any road, service lane, or access way vested in a territorial authority by section 316
2: If—
a: any road or service lane or access way, or a reserve for any such purpose; or
b: any other land— has been declared Government road or motorway or acquired by the Crown for any purpose, and the land comprising it was originally taken, purchased, or otherwise acquired by a territorial authority with the assistance of a subsidy, grant, or other payment paid or made by the Crown or the New Zealand Transport Agency 1928 No 21 s 42(2) 1972 No 132 s 8(1) Section 61(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
62: Assessment of compensation
1: The amount of compensation payable under this Act, whether for land taken, land injuriously affected, or otherwise, shall be assessed in accordance with the following provisions:
a: subject to the provisions of sections 72 to 76
b: the value of land shall, except as otherwise provided, be taken to be that amount which the land if sold in the open market by a willing seller to a willing buyer on the specified date might be expected to realise, unless—
i: the assessment of compensation relates to any matter which is not directly based on the value of land and in respect of which a right to compensation is conferred under this or any other Act; or
ii: only part of the land of an owner is taken or acquired under this Act and that part is of a size, shape, or nature for which there is no general demand or market, in which case the compensation for such land and the injurious affection caused by such taking or acquisition may be assessed by determining the market value of the whole of the owner's land and deducting from it the market value of the balance of the owner's land after the taking or acquisition:
c: where the value of the land taken for any public work has, on or before the specified date, been increased or reduced by the work or the prospect of the work, the amount of that increase or reduction shall not be taken into account:
d: the special suitability or adaptability of the land, or of any natural material acquired or taken under section 27
e: the Tribunal shall take into account by way of deduction from that part of the total amount of compensation that would otherwise be awarded on any claim in respect of a public work that comprises the market value of the land taken and any injurious affection to land arising out of the taking, any increase in the value of any land of the claimant that is injuriously affected, or in the value of any other land in which the claimant has an interest, caused before the specified date or likely to be caused after that date by the work or the prospect of the work:
f: the Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred as a result of the exercise by the New Zealand Transport Agency section 91 Government Roading Powers Act 1989
2: In this section, the term specified date
a: in the case of any claim in respect of land of the claimant which has been taken pursuant to section 26
b: where compensation is claimed under section 80
i: the date of that notification; or
ii: the date of the first entry upon the land for construction purposes; or
iii: the date on which the land is first injuriously affected by the work; or
iv: the date of any agreement made under section 80(1)﻿(c) whichever is the earliest:
c: in the case of any other claim in respect of land of the claimant which has been or is proposed to be taken for any work, the date on which the land became by Proclamation or declaration vested in the Crown or in the local authority, as the case may be, or the date on which the land was first entered upon for the purpose of the construction or the carrying out of the work, whichever is the earliest:
d: in the case of any claim in respect of any work for which no land of the claimant has been taken and no land of the claimant is proposed to be taken, the date of the commencement of the execution of the portion of the work that causes damage to or injuriously affects the land of the claimant:
e:
3: Where any lessor's or lessee's estate or interest in any land is taken or acquired under this Act, such estate or interest may, if required by its owner, for the purpose of assessing compensation under this Act, be valued separately from the freehold. 1944 No 31 s 29 Section 62(1)﻿(f) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 62(1)﻿(f) amended 1 October 1989 section 116(4) Government Roading Powers Act 1989 Section 62(2)﻿(e) repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
63: Compensation for injurious affection where no land taken
1: Where—
a: substantial injurious affection to a person's land is caused by the construction (but not the maintenance or operation) of a public work; and
b: the injurious affection is not caused by changes of traffic flows arising out of the opening of any new road or motorway or the widening, upgrading, or deviation of an existing road; and
c: there would exist a right of action at common law in respect of the injurious affection by the owner of the land against the Crown or the local authority, as the case may require,— the Crown (acting through the Minister)
2: In determining the existence of any right of action for the purposes of subsection (1)﻿(c), the existence of any statutory authority or immunity that may be available to the Crown
3: The provisions of this section shall not apply where construction of that part of the public work which causes the injurious affection has been commenced before the claimant acquired the land that is injuriously affected. Section 63(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 63(2) amended 1 April 1988 Public Works Amendment Act 1988
64: Compensation for injurious affection to be assessed by reference to whole work
Where land is taken or acquired from any person for the purpose of constructing any public public Land Compensation Act 1973 s 44(1) (UK) Section 64 amended 31 March 1987 Public Works Amendment Act (No 2) 1987
65: Compensation for land for which no general demand exists
1: Where land that is taken or acquired for a public
2: No person shall be entitled to compensation under this section unless—
a: he was not a willing party to the taking or acquisition; or
b: he was a willing party to the taking or acquisition principally because the land had been notified. Land Compensation Act 1961 s 5(5) (UK) Section 65(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
66: Disturbance payments
1: Subject to subsection (2), the owner of any land taken or acquired under this Act for a public
a: all reasonable costs incurred by him in moving from the land taken or acquired to other land acquired by him in substitution for the land taken or acquired, including—
i:
ii: the reasonable valuation and legal fees or costs incurred in respect of the land taken or acquired:
iii: the reasonable valuation and legal fees or costs incurred in respect of the land acquired in substitution, but not exceeding the reasonable valuation and legal fees or costs which would be incurred in respect of land with a market value equal to the land taken or acquired:
iv: the actual and reasonable costs incurred by him in transporting his goods and chattels and those of his family from the land taken or acquired to the land acquired in substitution, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution:
b: an allowance for any improvements not readily removable from the land taken or acquired which are of particular use to a disabled owner or any disabled member of an owner's family and which are not reflected in the market value of the land.
2: No person shall be entitled to compensation under this section unless—
a: he was not a willing party to the taking or acquisition; or
b: he was a willing party to the taking or acquisition principally because the land had been notified. Section 66(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 66(1)﻿(a)﻿(i) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
67: Compensation for loss on repayment of mortgage
1: If, as a direct result of land being taken or acquired under this Act for a public
2: No person shall be entitled to compensation under this section unless—
a: he was not a willing party to the taking or acquisition; or
b: he was a willing party to the taking or acquisition principally because the land had been notified. Section 67(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
68: Compensation for business loss
1: The owner of any land taken or acquired under this Act for a public
a: business loss resulting from the relocation of the business made necessary by the taking or acquisition which loss, unless the owner and the Minister or local authority otherwise agree, shall not be determined until the business has moved and (if the circumstances so require) until sufficient time has elapsed since the relocation of the business to enable the extent of the loss to be quantified; or
b: loss of the goodwill of any such business, if—
i: the land is valued on the basis of its existing use; and
ii: the owner gives such assurances and undertakings not to dispose of the goodwill and not to engage in any similar trade or business as may be required by the Minister or local authority.
2: No person shall be entitled to compensation under this section unless—
a: he was not a willing party to the taking or acquisition; or
b: he was a willing party to the taking or acquisition principally because the land had been notified. Section 68(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
69: Offer of compensation when entry made
1: Subject to sections 99 to 101 Crown
2: Subject to subsection (5), the amount of the offer shall be such as the Minister considers adequate to fairly compensate the owner for his estate or interest.
3: Unless the Minister and the owner otherwise agree, the offer shall be subject to the owner, before settlement, giving vacant possession of the land (if applicable) and supplying such details as the Minister may reasonably require in order to comply with sections 99 to 101
4: The offer shall be made to the owner within 1 month after the date of receipt of the application by the Minister and shall be open for acceptance for a period of 3 months after the date of the offer.
5: If the extent of land to be taken cannot be accurately defined when the offer is made, the offer shall be deemed to be an offer by way of compensation without prejudice to the right of the Minister to make an application under section 79
6: Subject to subsection (5), the acceptance of any offer may at the option of the owner be in full and final settlement of compensation or without prejudice to the owner's right to have compensation determined under this Part.
7: Nothing in this section shall inhibit or delay the bringing of a claim for compensation under section 80 Section 69(1) amended 1 April 1988 Public Works Amendment Act 1988
70: Offer of compensation when land taken
1: Subject to sections 99 to 101 section 77
2: The provisions of subsections (2), (3), (4) and (6) of section 69
71: Claimant's acts making execution of work more costly
1: For the purposes of this section, the term relevant date
a: the date on which notification was given under section 18(1)﻿(a)
b: the date on which a requirement was notified under section 167 as the case may be.
2: If the Land Valuation Tribunal considers that the claimant in respect of any land taken or acquired for a public
3: The carrying out of repairs or maintenance to any improvements on the land to a value not exceeding, in any 3-yearly period, 15% of the value of the improvements on that land as shown on the valuation roll for the district, shall for the purposes of this section be deemed not to have been done with the purpose and effect of rendering the execution of the work on that land more difficult or costly.
4: Where any such claimant has at any time after the relevant date done anything on or under the land with the effect of rendering the execution of the work more difficult or costly he shall be presumed to have done so with that purpose unless he proves that in so doing he took reasonable precautions to avoid that effect.
5: If the owner or occupier of any land wishes to do anything on or under the land which may cause the amount of compensation payable to him to be reduced under this section, he may apply for permission to do that thing on or under his land. Every such application shall specify what the applicant wishes to do, on what part of his land he proposes to do it, and the address to which any reply to him may be sent. Every such application shall be made in writing sent by post in a registered letter addressed in accordance with the following requirements:
a: in the case of any land that is affected by a notice or a Proclamation defining the middle line of a railway that has been made or attested by the Minister of Railways or that is affected by a notice of intention to take that has been issued under the hand of the Minister of Railways, it shall be addressed to the Railways District Engineer of the district in which the land is situated:
b: in the case of any land that is affected by any other Government work, it shall be addressed to the chief executive of the department within the meaning of section 2 of the Survey Act 1986
c: in the case of any land that is affected by any local work, it shall be addressed to the local authority.
6: If on receiving any such application the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986
a: supply plans to the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986
b: notify the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 and for the purposes of subsection (7), the period between the date of any such requirement and the date of compliance with it shall not be taken into account.
7: The Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986
8: Any person whose application is declined under subsection (7) may, within 15 working days after the receipt by him of the notice declining the application, appeal to the Environment Court
9: Every such appeal shall be made and determined by the Environment Court Resource Management Act 1991
10: The decision of the Environment Court 1928 No 21 s 81 1948 No 39 s 21 1952 No 58 s 9 Section 71(1) substituted 1 October 1991 section 362 Resource Management Act 1991 Section 71(2) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 71(5)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Section 71(6) amended 1 July 1996 Survey Amendment Act 1996 Section 71(6)﻿(a) amended 1 July 1996 Survey Amendment Act 1996 Section 71(6)﻿(b) amended 1 July 1996 Survey Amendment Act 1996 Section 71(7) amended 1 July 1996 Survey Amendment Act 1996 Section 71(8) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 71(9) substituted 1 October 1991 section 362 Resource Management Act 1991 Section 71(9) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 71(10) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Additional compensation
72: Additional compensation for acquisition of notified dwelling
1: Compensation of up to $50,000 must be paid to the owner of land if—
a: the land has been notified; and
b: the land is taken or acquired for the public work for which it was notified; and
c: the land contains a dwelling that is used as the land owner's principal place of residence; and
d: the payment of compensation is not excluded by subsection (2) or (3).
1A: The amount of compensation paid under subsection (1) must be determined in accordance with section 72A
1B: The compensation paid under subsection (1) must not in total exceed $50,000 regardless of—
a: the number of owners of the land; or
b: the nature of the estate or interest that the various owners of the land may hold.
2: Compensation shall not be paid under subsection (1) unless—
a: where the land has been acquired by an agreement which specifies a date for the giving of vacant possession, vacant possession of the land and all buildings and structures on the land has been given to the notifying authority on or before the specified date or such later date as the authority may in any case allow:
b: where—
i: the land has been acquired by an agreement which does not specify a date for the giving of vacant possession; or
ii: no agreement for sale has been entered into and the land has been taken by Proclamation— vacant possession of the land and all buildings and structures on the land has been given to the notifying authority within 1 month after the date on which the authority has served notice on the vendor or the person from whom the land was taken, as the case may be, that vacant possession is required, or within such longer period as the authority may in any case allow.
3: Compensation shall not be payable under subsection (1) unless the person giving vacant possession—
a: was the owner, or the spouse , civil union partner, or de facto partner
b: was the owner of the land on the date on which vacant possession of the land and all buildings and structures on the land was given to the notifying authority; and
c: the dwelling on the land was the principal place of residence of that person for a substantial part of the period between the date of notification and the date of so giving vacant possession; and
d: was not a willing party to the taking or acquisition of the land, or was a willing party to the taking or acquisition principally because the land had been notified.
4: If any payment of compensation under this section is to be made in respect of land that is owned by more than 1 person, the payment shall be made only to those owners who qualify for payment under subsection (3). If payment is to be made to more than 1 owner, the amount of the payment shall be apportioned between the owners in proportion to the shares in which they owned the land.
5: Subject to subsection (6), if any compensation is payable under this section to a lessee or sublessee of land under a lease or sublease which, on the date on which vacant possession was given to the notifying authority, will expire less than 5 years after that date, the amount of compensation shall be reduced so that the amount to be paid bears the same proportion to the amount of compensation that would otherwise be payable as the period from the date on which vacant possession was given to the date of expiry of the lease or sublease bears to a period of 5 years.
6: The amount of compensation under subsection (5) shall not be reduced under this subsection to less than the amount that the lessee or sublessee would have received under section 75 if the lessee or sublessee had been a tenant (as defined in section 75(4)
7: For the purposes of subsection (5), the date on which any lease or sublease containing a right of renewal will expire shall be deemed to be the date on which it would have expired if the right of renewal had been exercised. 1928 No 21 s 101B 1970 No 145 s 6(1) 1975 No 138 s 30(1) Section 72(1) replaced 19 April 2017 section 194(1) Resource Legislation Amendment Act 2017 Section 72(1A) inserted 19 April 2017 section 194(1) Resource Legislation Amendment Act 2017 Section 72(1B) inserted 19 April 2017 section 194(1) Resource Legislation Amendment Act 2017 Section 72(3)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 72(6) amended 19 April 2017 section 194(2) Resource Legislation Amendment Act 2017
72A: Amount of compensation to be paid under section 72
1: The amount of compensation paid under section 72(1)
a: $35,000 must be paid to the owner of the land if the owner qualifies for compensation under section 72(1)
b: a further $10,000 must be paid to the owner if—
i: the Minister or local authority, as applicable, and the owner, within 6 months after the negotiation start date, execute an agreement for the sale and purchase of the land under section 17
ii: the agreement specifies a date on which vacant possession of the land, and all buildings and structures on the land, will be given to the notifying authority; and
c: a further $5,000 may be paid to the owner if the Minister (if the land is taken or acquired for a Government work) or local authority (if the land is taken or acquired for a local work) decides, in his, her, or its discretion, that—
i: the personal circumstances of the owner warrant such a payment and compensation is not otherwise paid under this Act for this purpose; or
ii: the circumstances concerning the acquisition of the owner's principal place of residence warrant such a payment and compensation is not otherwise paid under this Act for this purpose.
2: In this section, negotiation start date
a: the date on which the notifying authority notifies the owner of land in writing that it intends to acquire the land under section 17
b: the date on which the notifying authority serves notice in relation to land in accordance with section 18(1)﻿(a) Section 72A inserted 19 April 2017 section 195 Resource Legislation Amendment Act 2017
72B: Definitions of terms used in sections 72C and 72D
In this section and sections 72C 72D category value individual value land notification date qualifying owners section 72C(1) section 72D(2) total land value section 62 vacant possession date Section 72B inserted 19 April 2017 section 195 Resource Legislation Amendment Act 2017
72C: Additional compensation for acquisition of notified land
1: Compensation must be paid to an owner of land if—
a: the land has been notified; and
b: the land is taken or acquired for the public work for which it was notified; and
c: either of the following applies:
i: the land does not contain a dwelling that was used as the owner of the land's principal place of residence for the period between the notification date and the vacant possession date:
ii: the owner used a dwelling on the land as his or her principal place of residence for less than a substantial part of the period between the notification date and the vacant possession date; and
d: the payment of compensation is not excluded by section 72D
2: The compensation paid under subsection (1) must—
a: equal 10% of the total land value; or
b: be $250 if 10% of the total land value is equal to or less than $250; or
c: be $25,000 if 10% of the total land value is equal to or more than $25,000.
3: However, the compensation paid under subsection (1) must not in total exceed $25,000 regardless of—
a: the number of owners of the land; or
b: the nature of the estate or interest each of the owners has in the land.
4: If compensation is paid under subsection (1) for land that is owned by more than 1 person, the compensation must be—
a: paid only to the qualifying owners; and
b: apportioned between the qualifying owners in proportion to the individual value each owner has in the land.
5: The amount of compensation paid under this section to an owner who is a lessee or sublessee of the land under a lease or sublease that will expire less than 5 years after the vacant possession date—
a: must be reduced so that it bears the same proportion as the period from the vacant possession date to the date of expiry of the lease or sublease bears to a period of 5 years; but
b: must not be reduced to less than the amount that the owner would have received under section 75
6: For the purposes of subsection (5), the date on which a lease or sublease that contains a right of renewal will expire is deemed to be the date on which it would have expired if the right of renewal had been exercised. Section 72C inserted 19 April 2017 section 195 Resource Legislation Amendment Act 2017
72D: Circumstances in which compensation must not be paid under section 72C
1: Compensation must not be paid to an owner of land under section 72C(1)
a: on or before the vacant possession date, or any later date that the authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
b: within 1 month after the date on which the authority serves notice on the vendor or the person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the authority allows, if—
i: the land is acquired under an agreement that does not specify a vacant possession date; or
ii: no agreement for sale is entered into and the land is taken by Proclamation.
2: Compensation must not be paid under section 72C(1)
a: is one of the following:
i: an owner of the land on the notification date:
ii: the spouse, civil union partner, or de facto partner of an owner of the land on the notification date:
iii: the person beneficially interested in the land if an owner dies after the notification date; and
b: was an owner of the land on the vacant possession date; and
c: was an owner of the land for a substantial part of the period between the notification date and the vacant possession date; and
d: was—
i: not a willing party to the taking or acquisition of the land; or
ii: a willing party to the taking or acquisition principally because the land had been notified.
3: Compensation must not be paid under section 72C(1) section 72(1) Section 72D inserted 19 April 2017 section 195 Resource Legislation Amendment Act 2017
72E: Adjustment of compensation payable under section 72 or 72C
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend section 72 72A 72C
a: increasing the compensation limit in section 72(1) and (1B)
b: increasing the compensation limits in section 72A(1)﻿(a) to (c)
c: increasing or decreasing the percentages in section 72C(2)﻿(a) to (c)
d: increasing the compensation limits in section 72C(2)﻿(b) and (c) and (3)
2: The Minister must not recommend the making of an Order in Council under this section unless the Minister is of the opinion that it is necessary or desirable to do so having regard to the following:
a: the purposes of the compensation payable under sections 72 72C
b: national average land and house sale prices:
c: the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
d: the level of solatium or similar compensation payable in comparable circumstances in jurisdictions outside New Zealand that have similar property rights and land acquisition regimes:
e: changes to the matters referred to in paragraphs (b) to (d) since the compensation limits and percentages were last changed:
f: comments received in response to public consultation under subsection (3).
3: Before recommending the making of an Order in Council under this section, the Minister must publicly consult about the proposed changes.
4: An Order in Council cannot be made under subsection (1)—
a: until after the expiry of 5 years from the date of commencement of Part 3
b: more frequently than once every 5 years.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 72E inserted 19 April 2017 section 195 Resource Legislation Amendment Act 2017 Section 72E(2)﻿(c) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 72E(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73: Assistance to purchase dwelling
1: Subject to the provisions of this section, where any land that—
a: has been notified; and
b: contains a dwelling used as a private residence— is taken or acquired for the public
2: An advance shall not be made to an owner of land under subsection (1) unless—
a: the owner has given vacant possession of the land taken or acquired and all buildings and structures on the land to the notifying authority; and
b: the owner was the owner of the land on the date on which vacant possession was so given; and
c: the dwelling on the land was the principal place of residence of that person for a substantial part of the period between the date of notification and the date of so giving vacant possession; and
d: the person giving vacant possession—
i: was not a willing party to the taking or acquisition of the land; or
ii: was a willing party to the taking or acquisition principally because the land had been notified.
3: Any money advanced under this section shall constitute a debt due by the person to whom it is paid to the notifying authority who or which paid it, and shall be a charge on the estate or interest of that person in the land acquired by him, or in the land on which a dwelling is constructed by him, with the assistance of such money, and notice of the charge may be registered against that land under the provisions of subpart 5 of Part 3
4: Except with the consent of the chief executive of the department within the meaning of section 2 of the Survey Act 1986 registered owner
5: For the purposes of subpart 5 of Part 3 the chief executive of the department within the meaning of section 2 of the Survey Act 1986
6: Any money advanced under this section shall be repaid to the notifying authority at such reasonable times and on such reasonable terms and conditions (including interest) as may be specified by the notifying authority when making the advance.
7: If the owner considers that any provision specified by the notifying authority under subsection (6) (other than as to the amount of money paid) is unreasonable he may within 20 working days after receiving advice of the provision apply to the Land Valuation Tribunal for a review of the provision.
8: On receipt of such an application the Land Valuation Tribunal shall review the provision and may confirm or alter it or may omit it and substitute some other reasonable provision. 1928 No 21 s 101C 1975 No 138 s 30(1) Section 73(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 73(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 73(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 73(4) amended 1 July 1996 Survey Amendment Act 1996 Section 73(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 73(5) amended 1 July 1996 Survey Amendment Act 1996 Section 73(5) amended 1 April 1988 Public Works Amendment Act 1988
74: Assistance to purchase farm, commercial, or industrial property
1: Subject to the provisions of this section, where any land that—
a: has been notified; and
b: is used for a farm or for a commercial or industrial undertaking— is taken or acquired for the public
2: No money shall be advanced under subsection (1) to any person unless that person—
a: was not a willing party to the taking or acquisition of the land; or
b: was a willing party to the taking or acquisition principally because the land had been notified.
3: Any money advanced under this section shall constitute a debt due by the person to whom it is paid to the notifying authority who or which paid it, and shall be a charge on the estate or interest of that person in the land acquired by him with the assistance of such money, and notice of the charge may be registered against that land under the provisions of subpart 5 of Part 3
4: Except with the consent of the chief executive of the department within the meaning of section 2 of the Survey Act 1986 registered owner
5: For the purposes of subpart 5 of Part 3 the chief executive of the department within the meaning of section 2 of the Survey Act 1986
6: Any money advanced under this section shall be repaid to the notifying authority at such reasonable times and on such reasonable terms and conditions (including interest) as may be specified by the notifying authority when making the advance. 1928 No 21 s 101F 1975 No 138 s 31(1) Section 74(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 74(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 74(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 74(4) amended 1 July 1996 Survey Amendment Act 1996 Section 74(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 74(5) amended 1 July 1996 Survey Amendment Act 1996 Section 74(5) amended 1 April 1988 Public Works Amendment Act 1988
75: Compensation for tenants of residential and business premises
1: Subject to the provisions of this section, where—
a: any land has been notified; and
b: the land was, on the date on which it was notified, occupied by a
c: the tenant was on that date in occupation of the land under a tenancy agreement which commenced before the land was taken or otherwise acquired by the notifying authority; and
d: the tenant occupied the land continuously from that date to the date on which he vacated the land so that vacant possession could be given to the notifying authority— there may, in the discretion of the notifying authority, be paid to the tenant by the authority such compensation as is provided for in subsection (2), on receiving an application in that behalf from the tenant.
2: Subject to subsection (3), the amount of compensation payable under subsection (1) shall be—
a: in the case of a tenant who occupied the land for residential purposes, such sum of money as will fairly reimburse the tenant for—
i: the actual and reasonable costs incurred by him in transporting his goods and chattels and those of his family to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution:
ii: the value or loss in value of any floor coverings and soft furnishings that have been necessarily abandoned or spoilt or become less valuable as a result of moving to such other accommodation:
b: in the case of a tenant who occupied the land for other purposes, such sum of money as will fairly reimburse him for the actual and reasonable costs incurred by him in transporting his equipment, plant, and stock to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution.
3: Compensation shall not be paid under this section unless—
a: not less than 10 working days' notice of the proposed move has been given by the tenant to the notifying authority; and
b: application for payment by the tenant is made to the notifying authority before the expiry of 2 months after the date on which the transport costs were incurred or on which the abandonment or spoiling of floor coverings or soft furnishings occurred, as the case may be.
4: In this section, tenant
a: a weekly tenancy agreement; or
b: a monthly tenancy agreement; or
c: a tenancy to which the Residential Tenancies Act 1986
d: a statutory tenancy (as defined in section 207 1928 No 21 s 101E 1970 No 145 s 6(1) Section 75(1)﻿(b) amended 19 April 2017 section 196(1) Resource Legislation Amendment Act 2017 Section 75(4) inserted 19 April 2017 section 196(2) Resource Legislation Amendment Act 2017
76: Refund of expenses where acquisition of land abandoned
1: Subject to subsection (2), where—
a: land has been notified in any of the ways described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of the definition of the term notified section 59
b: a Proclamation or declaration has been revoked under section 54
c: the Minister or a local authority has initiated negotiations for the acquisition for a public the notifying authority, the Minister, or the local authority, as the case may be, shall, on receiving an application in that behalf from the owner of the land, pay to the owner such sum of money as will fairly reimburse him for the actual and reasonable costs and expenses incurred by him as a direct result of the notification, the issue of the Proclamation or declaration that has been revoked, or the initiation of the negotiations, as the case may be.
2: Payment shall not be made under this section unless the application for payment is made by the owner of the land to the notifying authority, or to the Minister or local authority, before the expiry of 6 months after the date on which the notification was cancelled or withdrawn, the Proclamation or declaration was revoked, or the owner was advised that negotiations would be discontinued, as the case may be. 1928 No 21 s 101D 1970 No 145 s 6(1) Section 76(1)﻿(c) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 The claim
77: By whom compensation may be claimed
A claim for compensation may be made by the owner of any land who claims to be entitled to compensation under this Act whether such person has or has not the power to sell and convey the land, or by any executor or administrator of such person; and any such claim on behalf of any beneficiary, ward, or mentally disordered person may be made by his trustee, guardian, or manager, respectively. 1928 No 21 s 47
78: Limitation of time for claiming compensation
1: Subject to the provisions of this or any other Act, a claim for compensation under this Act or any former Act relating to public works shall not be made (in respect of any land taken) after a period of 2 years after the date of the Proclamation or declaration taking the land, or (in respect of any other claim under this Act) after a period of 2 years after the execution of the works or the exercise of the power out of which such claim has arisen or may arise.
2: For the purposes of this section the term execution of the works
3: Either period of 2 years referred to in subsection (1) may, on application made either before or after the expiration of that period, be extended by the Minister or local authority, as the case may be, upon or subject to such conditions as he or it thinks fit, to such period (not exceeding 6 years after the date of the Proclamation or declaration taking the land or the date of execution of the work or the exercise of the power, as the case may require) as the Minister or local authority thinks fit.
4: The period of 2 years referred to in subsection (1) shall, in the case of a claim in respect of damage arising out of the execution or operation of any irrigation works, be deemed to be a period of 2 years after the day on which the race or dam or other part of the works which in itself causes the damage is first filled for irrigation purposes to the level intended to be normal.
5: Any applicant under subsection (3) who is dissatisfied with any decision made by the Minister or local authority under that subsection may appeal to the Tribunal in respect of that matter and the decision of the Tribunal shall be final. 1928 No 21 s 45 1939 No 39 s 63 1944 No 31 s 30
79: Minister or local authority may take proceedings to determine compensation if person entitled fails to make claim
1: At any time after the expiration of 3 months after the date on which any person has acquired any right to make a claim for compensation, if that person has failed to make the claim, the Minister or the local authority may give notice in writing to that person of his or its intention, after the expiration of 4 months after the date on which the notice is given, to apply to the Land Valuation Tribunal to determine what amount of compensation (if any) shall be paid to that person in respect of the matters and land specified in the notice, and in respect of all claims arising at or about the same time which the claimant may have.
2: If after the expiration of that period of 4 months and of any extension of it which the Tribunal may allow on application made to it in that behalf within that period, the person to whom the notice has been given has failed to make the claim in accordance with section 82
3: If application is made to the Tribunal under this section, notice of the application shall be given not less than 2 months before the date of the hearing of the application to the person whose rights are to be determined thereby, and that person may—
a: not less than 20 working days before the date fixed for the hearing of the application, file in the office of the Tribunal nearest to the place where the land is situated, and serve on the applicant, particulars of the claim (if any) which he makes in respect of the matters and land to which the application relates:
b: appear and be heard on the application or claim so filed.
4: Subject to the provisions of this section, the Tribunal shall proceed to hear the parties and to examine the claim (if filed), or if no claim is filed to examine the application as if it were a claim duly made by the person to whom the application relates, but if no claim has been filed in accordance with subsection (3)﻿(a), but the person whose rights are to be determined has appeared and been heard, the applicant shall be entitled to an adjournment for a reasonable period if he or it wishes to make any further investigation of any matter arising in the claimant's evidence.
5: If the circumstances render it desirable to do so, the Tribunal may hear together 2 or more applications under this section. 1954 No 85 s 2
80: Accelerating hearing of compensation claims
1: A claim for compensation in respect of the taking of any land of any person for any public work shall lie and may be enforced in accordance with the provisions of this Act notwithstanding that no Proclamation or declaration taking the land has issued if—
a: the Minister or the local authority has issued a notice under section 18(1)﻿(a)
b: the execution has been completed of every portion of the work which will affect the amount of the land of that person which will have to be taken for the work or which will injuriously affect or damage the land of that person; or
c: the Minister or local authority and the owner of the land to be taken for any work have agreed to the land being taken and to the compensation being assessed in accordance with this Part.
2: In any case to which subsection (1)﻿(a) applies, the claimant shall by notice in writing require the Minister or local authority to indicate whether the Minister or local authority intends to proceed with the acquisition of the claimant's land.
3: If the Minister or local authority confirms the intention to acquire the land or if paragraph (b) or paragraph (c) of subsection (1) applies, the claimant shall proceed with the claim under this section and the making of such a claim shall operate for the purposes of section 17
4: If at the expiration of a period of 3 months from the date on which the notice pursuant to subsection (2) was given to the Minister, or local authority—
a: the Minister or local authority has not indicated in writing the intention to proceed with the acquisition of the claimant's land; or
b: the notice given under section 18(1)﻿(a) then the claimant may advise the Minister or local authority in writing that the notice given under subsection (2) is to constitute—
c: an agreement by the claimant to the claimant's estate or interest in that land being taken, subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part; or
d: a withdrawal of the notice given in respect of the claimant's land under section 18(1)﻿(a)
5: In any case to which subsection (1)﻿(b) applies, the making of a claim under this section in respect of any land to be taken shall operate, for the purposes of section 17
6: Any requirement or claim made under this section shall—
a: operate to automatically withdraw any objection made by the claimant under section 23
b: prevent the commencement or prosecution of any proceedings by or on behalf of the claimant to prevent or delay the execution of the work or the taking of the land which is the subject of the requirement or claim made under this section.
7: If a Proclamation or declaration taking or acquiring the land has not been issued when the Land Valuation Tribunal commences to hear any claim made under this section, the Minister or the local authority shall, at the commencement of the hearing, notify as nearly as may be what land (if any) is proposed to be taken; and the Tribunal shall hear the claim and assess compensation as if that land had been so taken.
8: For the purpose of any claim made under this section the forms prescribed in Schedules 3 4 Section 80 substituted 31 March 1987 Public Works Amendment Act (No 2) 1987
81: Public Trust
1: If any person with whom it is desired to enter into an agreement under section 17 section 18
a: an infant, a mentally disordered person, a person under some other legal disability, or a beneficiary under a trust, not having a guardian, manager, or trustee; or
b: of unknown whereabouts and has no known agent; or
c: unknown— and in the absence of steps taken to appoint a person to represent that person, the Minister or the local authority may, after notifying Public Trust the District Court Public Trust it
2: On the making of such an order Public Trust section 17 section 18
3: If Public Trust it
4: In any case to which subsection (3) applies, any period of time prescribed by or under this Act in respect of any such claim shall not commence to run before the date on which the order was made under subsection (1).
5: Any compensation payable pursuant to any such agreement with or claim by Public Trust to Public Trust section 96 1928 No 21 ss 48, 49 Section 81 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 81(1) amended 1 March 2017 section 261 District Court Act 2016 Section 81(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 81(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 81(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 81(5) amended 1 March 2002 section 170(1) Public Trust Act 2001
82: Particulars to be inserted in claim
1: In order to obtain compensation the claimant shall serve upon the respondent a claim in writing, in one of the forms in Schedule 3
a: the several areas and descriptions of the land taken or to be taken or injuriously affected or damaged in respect of which he makes his claim, and the nature and particulars of his interest therein; and if he claims as owner and the land is encumbered, leased, or subject to any easement, he shall give particulars of that encumbrance, lease, or easement:
b: the reference to any Gazette
c: each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim:
d: the total amount claimed:
e: the amount and date of any advance payment:
f: his full name, together with his address, which address shall be deemed to be his address for service unless he gives written notice to the respondent of a change of address.
2: The claim shall, if it relates to the value of land and is for a sum of compensation in excess of $1,000, be accompanied by a valuation report signed by a registered valuer. 1928 No 21 s 51(1)
83: Serving of claims
1: Claims for compensation under this Act shall be served as follows:
a: where the Minister is the respondent, by being sent by registered letter addressed to the chief executive of the department within the meaning of the Survey Act 1986 department within the meaning of the Survey Act 1986
b: where the Minister of Railways is the respondent, by being sent by registered letter addressed to the General Manager of Railways at the New Zealand Railways Corporation
c: where a local authority is the respondent, by being sent by registered letter addressed to the local authority at its principal office, or by being delivered at that office.
2: In any such case, the claimant shall be entitled on demand to receive from the officer for the time being in charge of any such office a receipt stating the day on which the claim was delivered or received. 1928 No 21 s 51(2) Section 83(1)﻿(a) substituted 1 April 1988 Public Works Amendment Act 1988 Section 83(1)﻿(a) amended 1 July 1996 Survey Amendment Act 1996 Section 83(1)﻿(b) amended 1 April 1982 section 120(5) New Zealand Railways Corporation Act 1981
84: Filing claims in District Court
At any time after the expiration of 30 working days after the service of any claim under section 83 Schedule 4 1928 No 21 s 53
85: Tribunal may require claimant or respondent to state particulars
1: If the claimant does not give full particulars of his claim, or does not specify in his claim the amount claimed for each matter on account of which he claims compensation, the respondent may by notice in writing require him to furnish those particulars.
2: The claimant may, at any time after service of his claim on the respondent, by notice in writing require the respondent to furnish a reply to the claim, giving the reasons for not admitting the claim or any part of it.
3: If the particulars or reasons referred to in subsection (1) or subsection (2) are not supplied at least 15 working days before the date appointed for the sitting of the Land Valuation Tribunal to hear the claim, the Tribunal may, if it thinks fit, on the application of either party made before or at the hearing—
a: order the party in default to furnish the particulars:
b: adjourn the hearing of the claim until the particulars are supplied and the party making application has had reasonable time to consider them:
c: order that the costs occasioned by the adjournment shall be borne by the party in default. 1928 No 21 s 52
86: Third party notice
1: If the respondent considers that he or it is entitled to an indemnity from a third party in respect of the whole or any part of the claim, the respondent may serve upon that party a notice setting out the grounds of the claim to the indemnity and shall file a copy of it in the District Court nearest to where the land is situated.
2: The third party shall, as from the time of the service of the third party notice upon him, be a party to the action with the same rights, powers, obligations, and duties as the respondent.
87: Amendment of claim
1: On the hearing of any claim for compensation under this Act, it shall not be lawful for the claimant to adduce evidence in relation to any matter not disclosed in the claim but he may, with the leave of the Land Valuation Tribunal, amend his claim in any particular.
2: Such leave shall be granted only on such terms and conditions as to notice to parties, payments of costs, or otherwise as the Tribunal thinks fit. 1928 No 21 s 74 The award
88: Award to be in writing
The Land Valuation Tribunal shall make its award in writing, which shall be drawn up and signed by the District Court Judge constituting the Tribunal or, as the case may be, who is the chairman of the Tribunal, as soon as practicable after its making; and the District Court Judge shall deliver or transmit the award to the Registrar of the High Court in the district in which the land is situated who shall file it in that court. 1928 No 21 s 90(1)
89: Separate sums to be awarded for items of claim
The Land Valuation Tribunal may not award a gross sum in respect of 2 or more items of any claim for compensation, but the Tribunal shall in respect of each item of the claim award a particular sum as compensation to be paid to the claimant, subject to such conditions as it may think equitable, or determine that no compensation is payable in respect of it. 1945 No 45 s 32
90: Costs in claims for compensation
1: Subject to the provisions of this section, the costs of a hearing by the Land Valuation Tribunal under this Part shall be in the discretion of the Tribunal, which may direct to and by whom and in what manner those costs or any part of them shall be paid.
2: Where the respondent has made an offer of any amount for compensation and the compensation awarded is less than the amount so offered, the Tribunal may order the claimant to bear his own costs and to pay the costs of the respondent in so far as the costs of either party are incurred after the making of the offer.
3: If costs are not awarded in accordance with the provisions of subsection (2), the Tribunal shall, unless for special reasons it thinks it proper not to do so, order the respondent to bear his own costs and to pay the reasonable costs of the claimant.
4: Without limiting the generality of the provisions of subsection (3), it is hereby declared that the fact that the Tribunal in any case considers that the amount claimed was unreasonably high having regard to the compensation awarded or the evidence before the Tribunal, shall be a special reason that the Tribunal may take into consideration for the purposes of that subsection. 1939 No 39 s 64
91: Costs may be deducted from compensation awarded
Costs payable by the claimant may be deducted from the compensation payable to the claimant under the award; and if such costs exceed the compensation payable, the award shall be for the payment by the claimant of the amount of the excess. 1928 No 21 s 85
92: Costs in claims beyond jurisdiction of Land Valuation Tribunal
The power of awarding costs conferred upon the Land Valuation Tribunal by section 90 1928 No 21 s 86
93: Costs in claims withdrawn or abandoned
When any claim for compensation is at any time after its making withdrawn or abandoned, whether wholly or in part, costs may be awarded by the Land Valuation Tribunal in respect of that claim or that part of it in the same manner as if the claim or part had been heard and determined by the Tribunal; and any such award of costs shall be dealt with and enforced in the same manner as an award of compensation. 1928 No 21 s 87
94: Interest on compensation money
The Land Valuation Tribunal may, if it thinks fit, order that there be included in the sum of any award interest , calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 Section 94 amended 1 January 2018 section 29 Interest on Money Claims Act 2016
95: Finality of award and enforcement
1: Subject to section 26
2: If the sum awarded is not paid to Public Trust section 96(a) 1928 No 21 s 90(3), (4) Section 95(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
96: When title doubtful compensation, etc, to be paid
to Public Trust If any doubt or dispute arises as to the right of any person to receive any compensation awarded under this Act, or any purchase money or compensation agreed to be paid by the Minister or a local authority under this Act,—
a: in the case of compensation exceeding $1,000 awarded by the Land Valuation Tribunal, the respondent may, within the period of 45 working days after the award has been filed in the High Court, cause the sum awarded to be paid to Public Trust Public Trust
b: in the case of purchase money or compensation exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay the money to Public Trust Public Trust
c: in any case which may be heard or disposed of by the High Court under this section, that court may order that all or any costs incurred in or in relation to the case, either before the Tribunal or the High Court, shall be paid by such of the parties, whether claimant, respondent, or a person so interested, or that such costs be apportioned between such parties in such manner respectively as the High Court may order; and that court may vary or revoke any order previously made by the Tribunal as to costs:
d: in the case of compensation not exceeding $1,000 awarded by the Tribunal, or purchase money, or compensation not exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay it to the parties entitled to the rents and profits of the land or to Public Trust it it 1928 No 21 s 91 Section 96 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 96(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 96(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 96(d) amended 1 March 2002 section 170(1) Public Trust Act 2001
97: Compensation in case of limited interests, etc
1: If compensation is awarded or compensation or purchase money has been agreed to be paid by the Minister or a local authority in respect of—
a: any land taken or purchased from any person having a partial or qualified interest only in the land and not entitled to sell or convey it; or
b: any permanent injury done to any land in respect of which a person has a partial or qualified interest only and does not have the right or capacity to sell it— the compensation or purchase money shall be dealt with as follows:
c: if the compensation or purchase money amounts to $5,000 or more it shall be paid to Public Trust Public Trust
i: to the discharge of any debt or encumbrance affecting the land, or affecting any land settled therewith, or to the same or like uses, trusts, or purposes:
ii: in the purchase of other land to be conveyed, limited, and settled upon the like uses, trusts, or purposes:
iii: in removing any buildings on the land, or substituting others in their place:
iv: in the purchase of such securities as the High Court may direct, to be settled in the same manner as the land:
v: in payment to any party becoming absolutely entitled to it:
d: if the compensation or purchase money is more than $250 but less than $5,000, it shall be paid to Public Trust Public Trust Public Trust it
e: if the compensation or purchase money is not more than $250 it shall be paid to the parties entitled to the rents and profits of the land; or, in the case of disability or incapacity of such parties, to their respective spouses, guardians, committees, or trustees, as the case may be.
2: The provisions of this section shall not prevent any person who had a partial or other qualified interest in the land to which interest he is solely entitled, and which he may absolutely sell or dispose of, from receiving any compensation or purchase money in respect of any interest to which he may be declared entitled under any award, or which has been agreed to be paid to him.
3: Notwithstanding the provisions of subsection (1), where the person having the partial or qualified interest in the land and not entitled to sell or convey it is a local authority, the compensation money or purchase money may be paid to the local authority.
4: The local authority shall record any money paid to it under subsection (3) in a separate account and shall invest it separately; and shall expend it only for the permanent improvement of other land held for the same or like uses, trusts, and purposes or for all or any of the purposes set out in subparagraphs (i) and (ii) of subsection (1)﻿(c), so that such application of the money will benefit persons substantially in the same locality. 1928 No 21 s 92 1952 No 58 s 10 Section 97(1)﻿(c) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 97(1)﻿(d) amended 1 March 2002 section 170(1) Public Trust Act 2001
98: Public Trust Until any compensation or purchase money deposited with Public Trust section 96 section 97 Public Trust its common fund Public Trust 1928 No 21 s 93 Section 98 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 98 amended 1 March 2002 section 170(1) Public Trust Act 2001
99: Mortgaged land
1: If the land in respect of which compensation is awarded, or compensation or purchase money is agreed to be paid, is subject to a mortgage, the compensation or purchase money or so much of it as is required for the purpose shall, on the application of the mortgagee, be paid in discharge of the mortgage debt, or part of it, so far as the compensation or purchase money will go; and if the land is part of land subject to a mortgage debt, and the mortgagee requires a part of the debt to be discharged—
a: the mortgagor and mortgagee may agree; or
b: failing agreement, the Tribunal shall determine— what part of the compensation or purchase money shall be paid in discharge of part of the mortgage debt, so that the remaining part of the mortgaged land constitutes as good security as before for the part of the mortgage debt remaining undischarged.
2: Notwithstanding anything in this section, the Minister or local authority, as the case may be, shall have a discretion to pay the mortgagor the full amount of any compensation where the compensation does not exceed $250, without incurring any liability to the mortgagee.
3: The expression mortgage debt 1928 No 21 s 94
100: Land subject to rent charge
1: If the land in respect of which compensation is awarded or compensation or purchase money is paid is subject to any rent charge—
a: the owner of the land and the party entitled to the rent charge may agree; or
b: failing agreement, the Tribunal shall determine— what part of the compensation or purchase money shall be paid to the party entitled to rent charge in redemption of it.
2: If the land is part of land subject to any rent charge—
a: the owner of the land and the party entitled to the rent charge may agree; or
b: failing agreement, the Tribunal shall determine— what part of the rent charge shall be redeemed and what part of the compensation or purchase money shall be paid in its redemption, so that the remaining part of the land subject to the rent charge shall be as good security as before for the part of the rent charge remaining unredeemed.
3: Notwithstanding anything in this section, the Minister or local authority, as the case may be, shall have a discretion to pay the owner of the land the full amount of any compensation where the compensation does not exceed $250, without incurring any liability to the holder of the charge.
4: In this section, the expression rent charge 1928 No 21 s 95
101: Land on which rent payable
If the land in respect of which compensation is awarded or compensation or purchase money is paid is part of land in respect of which any rent is payable—
a: the lessor and lessee may agree; or
b: failing agreement, the Tribunal shall determine— what part of that rent shall cease to be payable, so that the rent ceasing to be payable shall bear the same proportion to the whole rent as the value of the land in respect of which compensation is awarded or compensation or purchase money is paid bears to the value of the whole land. 1928 No 21 s 96
102: Funds from which compensation to be paid
Money payable as compensation or as costs under this Act shall—
a: if payable by the Crown
b: if payable by a local authority, be paid out of the funds of such local authority available for such purposes— but no 1928 No 21 s 100 Section 102 amended 1 April 1988 Public Works Amendment Act 1988 Section 102(a) amended 1 April 1988 Public Works Amendment Act 1988
6: Grants of land, etc, in lieu of compensation
103: Minister or local authority may grant easements, etc, in lieu of compensation
In any case where the amount of compensation or purchase money to be paid to any person is determined by agreement between that person and the Minister or a local authority, the Minister or that local authority may agree to grant to that person, his executors, administrators, assigns, and successors, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work, in satisfaction or part satisfaction of the compensation claimed by that person. 1928 No 21 s 97
104: Tribunal may award easements as compensation
In any case where the amount of compensation to be paid to any claimant is determined by the Land Valuation Tribunal, the respondent may offer and the Tribunal may award to the claimant, his executors, administrators, assigns, and successors, in satisfaction or part satisfaction of the compensation claimed, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work; and the Tribunal may by its award declare which (if any) of such easements, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction or part satisfaction of his claim to compensation. 1928 No 21 s 98
105: Granting of land as compensation where equivalent land not readily available
1: Notwithstanding anything in section 62
a: contains a dwelling which was occupied by the owner as a private residence for himself and his family (if any) immediately before the giving of vacant possession; or
b: was used by the owner personally for any purpose— is taken or acquired for the public
c: Crown land or other land of the notifying authority not subject to any restriction on sale or other disposition; or
d: land held for any public work which is no longer required for any public work or which is no longer required for any purpose incidental to any public work; or
e: land acquired, and developed or built on under section 21
2: Subsection (1) shall not apply in respect of the owner of any land unless the owner—
a: was the owner, or the spouse of the owner, of the land so taken or acquired on the date on which it was notified, or where the owner has died since that date, was the person beneficially interested in the land; and
b: was the owner of the land on the date on which the land was so taken or acquired by the notifying authority; and
c: was not a willing party to the taking or acquisition of the land, or was a willing party to the taking or acquisition principally because the land had been notified.
3: Any land granted under subsection (1) shall be reasonably equivalent to the land so taken or acquired.
4: No Crown land shall be granted under subsection (1) without the consent of the Minister having control of that land.
5: The owner of any land that has been notified may apply to the Tribunal for an order requiring the notifying authority to take action in accordance with subsection (1).
6: If the Tribunal is satisfied that the owner is a person to whom subsection (1) applies, and that it would be just and proper to do so, it may order the notifying authority to act in accordance with that subsection. 1928 No 21 s 101H(1)–(3) 1976 No 165 s 4 Section 105(1) amended 31 March 1987 Public Works Amendment Act (No 2) 1987
106: Granting of land as compensation in other cases
1: Notwithstanding anything in section 62 section 105
2: No Crown land shall be granted under subsection (1) without the consent of the Minister having control of that land. 1928 No 21 s 99(1)
107: Provisions relating to grants of land in exchange
1: In granting to the person so entitled any land under section 105 section 106
2: If no agreement can be reached under subsection (1) in respect of land to be granted under section 105
3: Every application under subsection (2) shall be made in accordance with Part 5
4: Any money agreed under subsection (1) to be so due, or fixed by the Tribunal under subsection (2), shall constitute a debt due to the Crown or the local authority and shall be a charge on the estate or interest in the land so granted to that person, and an instrument of charge may be registered against that land under the provisions of subpart 5 of Part 3
5: Except with the consent of the chief executive of the department within the meaning of the Survey Act 1986 registered owner
6: For the purposes of subpart 5 of Part 3 the chief executive of the department within the meaning of the Survey Act 1986
7: On completion of such surveys (if any) as may be necessary, there shall be registered with the Registrar-General of Land Schedule 5
8: Upon receipt of a certificate from the Minister or the Minister of Railways, the Registrar-General of Land must, without payment of any fee,—
a: if there is no record of title for the land, create a record of title for the land; or
b: if there is a record of title for the land, update the record of title for the land.
8A:
9: Every certificate issued under this section by a local authority shall be deemed to be a transfer instrument Registrar-General of Land
9A: Subject to subsection (9C), any certificate issued under this section may contain a recital that the land to which the certificate relates shall be amalgamated with any other land in an existing record of title Registrar-General of Land record of title record of title
9B: Where any land is so amalgamated, the Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issuing of a record of title under this section, and may issue a record of title qualified as described in section 17(1)﻿(a)
9C: Before including a recital in a certificate under subsection (9A), the Minister, Minister of Railways, or local authority, as the case may be, shall consult with the Registrar-General of Land record of title Registrar-General of Land
10: If the Chief Surveyor considers it necessary or expedient or if in any case the Registrar-General of Land Registrar-General of Land
11: The land comprised in a record of title issued pursuant to a certificate issued under subsection (8), if it is not already subject to the Land Transfer Act 2017
12:
13:
14: Where any land acquired under this Act is subject to or has the benefit of any encumbrance, lien, or interest, and land is to be granted in exchange under this section, any record of title
15: Every instrument creating or evidencing or affecting any such encumbrance, lien, or interest, and all covenants and other provisions expressed or implied therein, shall be construed as if the land for which the record of title
16: The Registrar-General of Land must record on the relevant record of title memorials showing that the land is affected by subsections (14) and (15) and the certificate.
17: Where any land subject to any reservation or restriction is taken or acquired under this Act and land is to be granted under this section, the land so granted shall, unless the Minister or the Minister of Railways or the local authority otherwise directs, be issued subject to that reservation or restriction.
18: Every certificate issued under this section shall be conclusive evidence to the Registrar-General of Land
19: Within 1 month after the registration of a certificate under this section, the grantor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the grantee. 1928 No 21 ss 99, 101H(5)–(10) 1976 No 165 s 4 Section 107(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(5) amended 1 July 1996 Survey Amendment Act 1996 Section 107(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(6) amended 1 July 1996 Survey Amendment Act 1996 Section 107(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(7) amended 16 December 1983 Public Works Amendment Act 1983 Section 107(8) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 107(8A) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 107(9) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(9A) inserted 16 December 1983 Public Works Amendment Act 1983 Section 107(9A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(9B) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 107(9C) inserted 16 December 1983 Public Works Amendment Act 1983 Section 107(9C) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(10) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(10) amended 16 December 1983 Public Works Amendment Act 1983 Section 107(11) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 107(12) repealed 16 December 1983 Public Works Amendment Act 1983 Section 107(13) repealed 16 December 1983 Public Works Amendment Act 1983 Section 107(14) substituted 16 December 1983 Public Works Amendment Act 1983 Section 107(14) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(15) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(16) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 197(18) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 107(19) added 16 December 1983 Public Works Amendment Act 1983
107A: Grant of lease or licence as compensation
1: Notwithstanding anything in section 62
a: the interest of a lessee or licensee in land is taken or acquired for a public
b: the lessee or licensee is entitled to compensation under section 105 the notifying authority (unless the lessee or licensee is to be granted an estate in fee simple), with the agreement of the lessee or licensee, shall take all reasonable steps to grant to him a lease of any land, or a licence to occupy any land, described in paragraph (c), paragraph (d), or paragraph (e) of section 105(1)
2: The provisions of subsections (3), (4), and (4A) of section 105
3: The lessee or licensee of any land that has been notified may apply to the Tribunal for an order requiring the notifying authority to take action in accordance with subsection (1).
4: If the Tribunal is satisfied that the lessee or licensee is a person to whom subsection (1) applies, and that it would be just and proper to do so, it may order the notifying authority to act in accordance with that subsection.
5: Subject to subsection (6), all rents and profits derived from any lease or licence granted under this section shall be paid into—
a: a Crown Bank Account
b: the appropriate revenue account of the notifying authority, in any other case.
6: Any lease or licence granted in accordance with this section in respect of Crown land shall be granted by the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986 Land Act 1948
7: Nothing in this section shall oblige the notifying authority to grant a lease or licence on terms more favourable to the lessee or licensee than the lease or licence taken or acquired by the notifying authority. Section 107A inserted 16 December 1983 Public Works Amendment Act 1983 Section 107A(1)﻿(a) amended 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 107A(5)﻿(a) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 107A(6) amended 1 February 1990 Survey Amendment Act (No 3) 1989
108: Execution of certificates
Without affecting the authority of any other person to execute documents made or issued under this Act, the chief executive of the department within the meaning of the Survey Act 1986 section 107 Section 108 amended 1 July 1996 Survey Amendment Act 1996
109: Execution of certificates on behalf of local authority
Except as otherwise specially provided, any certificate of grant of land by a local authority under section 107 chief executive Section 109 amended 1 July 2003 section 262 Local Government Act 2002
7: Surveys and investigations
109A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 109A inserted 1 April 1988 Public Works Amendment Act 1988
110: Powers of entry for certain survey purposes
1: Subject to subsections (2) to (4), any person authorised either specifically or generally by the Minister or local authority, as the case may require, may, for the purposes of carrying out any public work or any proposed public work, and subject to the limitations of any authorisation so granted, enter and re-enter any land at reasonable times, with or without such assistance, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any survey in accordance with survey regulations made under the Survey Act 1986.
2: Before exercising any of the powers conferred by subsection (1), the Minister or local authority shall, where practicable, give reasonable notice to the owner or occupier of the land, as the case may require, of the intention to exercise those powers.
3: If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.
4: Any person exercising any power under subsection (1) shall have with him, and shall produce if required to do so, evidence of—
a: his authority; and
b: his identity. 1928 No 21 s 107
111: Powers of entry for other survey and investigation purposes
1: Subject to subsections (2) to (5), any person authorised either specifically or generally by the Minister or local authority, as the case may require, may, for the purposes of carrying out any public work or any proposed public work, and subject to the limitations of any authorisation so granted—
a: enter and re-enter any land at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any kind of survey or investigation:
b: dig and bore into the land and remove samples of it:
c: erect temporary buildings on the land:
d: set out the lines of any works on the land.
2: Unless the owner and occupier of the land otherwise agree, the powers conferred by subsection (1) shall not be exercised unless the owner and occupier of the land affected have been given 10 working days' notice in writing of—
a: how and when entry is to be made; and
b: the specific powers intended to be exercised; and
c: a statement of the owner's or occupier's rights under subsection (4); and
d: a statement that the owner or occupier may be entitled to compensation under this Act.
3: Any person exercising any power under subsection (1) shall have with him, and shall produce if required to do so, evidence of—
a: his authority; and
b: his identity.
4: The owner or occupier may, within 10 working days after receiving the notice and after giving notice to the Minister or local authority, as the case may be, of his intention to do so, object to the District Court nearest to the land concerned, and the court may summon the Minister or local authority, or his or its representative, to appear before the court at a time and place named in the summons.
5: If it appears to the court that the proposed survey or investigation is unreasonable or unnecessary the court may—
a: order that the survey or investigation shall not be undertaken, or shall not be undertaken in the manner proposed; or
b: direct that the survey or investigation be undertaken in such manner and subject to such limitations and restrictions as the court thinks fit— and all persons concerned shall be bound by any such order. 1928 No 21 s 107 Section 111(2)﻿(d) substituted 1 April 1988 Public Works Amendment Act 1988
111A: Powers of entry for survey and investigation purposes other than by Minister or local authority
1: In this section, developer
a:
b: a network operator within the meaning of section 5
ba: a network utility operator within the meaning of section 166 section 167
c: the Airways Corporation of New Zealand Limited, a company that is a State enterprise under State-Owned Enterprises Act 1986
2: Where a developer wishes to undertake a survey or other investigation on any land for the purpose of gathering information necessary for any application for any right, designation,
3: On being satisfied that the proposed survey or investigation is necessary for the purposes of the proposed development, that the proposed development may properly be undertaken by the developer, and that the developer has taken all reasonable steps to negotiate an agreement for entry, the court may make an order authorising the developer to:
a: enter and re-enter the land at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any kind of survey or investigation:
b: dig and bore into the land and remove samples of it.
4: Every order made under this section shall specify—
a: how and when entry is to be made; and
b: the specific powers intended to be exercised; and
c: such other conditions as the court thinks fit to impose.
5: Before exercising any powers authorised by an order made under this section, the developer shall serve the order on the owner and occupier of the land to which the order relates.
6: Every officer, employee, or agent of a developer acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and if required to do so, evidence of his or her authority and identity.
7: The developer shall fully compensate every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise of any of the powers authorised by an order made under this section for all loss, injury, or damage suffered by that person.
8: In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by Part 5 Section 111A inserted 1 January 1988 Public Works Amendment Act (No 3) 1987 Section 111A(1)﻿(a) repealed 1 April 1993 section 173(2) Electricity Act 1992 Section 111A(1)﻿(b) substituted 20 December 2001 section 158 Telecommunications Act 2001 Section 111A(1)﻿(ba) inserted 1 October 1991 section 362 Resource Management Act 1991 Section 111A(1)﻿(c) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 111A(2) amended 1 October 1991 section 362 Resource Management Act 1991
112: Offence to destroy survey marks
1: Every person who, without lawful authority or excuse, wilfully destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, block, post, pole, or temporary building fixed or set up by any person under the authority of section 110 section 111
2: Every person who wilfully obstructs any authorised person exercising any powers conferred on him by section 110 section 111
3: Where any person is convicted of an offence under subsection (1), the court may, in addition to imposing any penalty, order the person so convicted to pay the cost of repairing, restoring, or reinstating any trigonometrical station, survey peg, mark, block, post, pole, or temporary building so destroyed, mutilated, defaced, taken away, or altered as to position. 1928 No 21 s 108
8: Legalisation, stopping, and exchanging of roads
113: Interpretation
In this Part, unless the context otherwise requires,— Minister road Section 113 substituted 1 April 1988 Public Works Amendment Act 1988
114: Declaring land to be road
1: Subject to subsection (2), the Minister may, by notice in the Gazette
2: Land shall not be declared to be road without the written consent of—
a: the lessee or licensee, if the land is owned by the Crown and held under lease or licence:
b: the body or persons in whom the land or its control is vested, and the lessee or licensee (if any), if the land is a reserve or an endowment or is held in trust. Notwithstanding anything to the contrary in any Act or rule of law, the body or persons in whom any land or its control is so vested shall have authority to give any consent that may be required for the purposes of this section:
c: the owner or Minister in charge of the department of State that administers the land, if the land is not of a class referred to in paragraph (a) or paragraph (b):
d: the Minister of Railways, if the land is held for a railway:
e: the Minister of Conservation if the land is a public reserve, part of a public reserve, a conservation area within the meaning of the Conservation Act 1987 section 61 section 62
f:
g: the New Zealand Transport Agency
h: the territorial authority in whose district the land is situated, in the case of a road or proposed road, as defined in section 315
i: all other persons who have any registered interest in the land, or any other interest disclosed by a register under the Land Transfer Act 2017 Deeds Registration Act 1908
3: On the date of the publication in the Gazette
a: vest in the territorial authority named in that behalf in the notice; or
b: notwithstanding anything in section 316 1948 No 39 s 29(1), (2) Section 114(2)﻿(e) substituted 1 April 1988 Public Works Amendment Act 1988 Section 114(2)﻿(f) repealed 1 April 1988 Public Works Amendment Act 1988 Section 114(2)﻿(g) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 114(2)﻿(i) amended 12 November 2018 section 250 Land Transfer Act 2017
115: Certificate of consent may be registered
1: Where it is proposed that land shall be declared to be road pursuant to section 114 Registrar-General of Land
2: Every certificate under this section shall set out—
a: the description of the land affected by the certificate and (unless the whole of the land comprised in a record of title
b: the name of each person who has given his written consent to the declaring of the land to be road:
c: the total area of severed land and closed road that is to be vested in the registered owner
d: the place where, and the hours during which, the plans and consents (or copies of them) may be inspected, and a reference by which they may be identified.
3: The validity of a certificate under this section shall not be affected by any misdescription in it of the land if sufficient information appears on the face of the certificate for the Registrar-General of Land
4: Where, after the registration of such a certificate, any person registers an interest in any land affected by it, the consent of that person shall not be required to the Minister making a declaration under section 114(1)
5: If, before the giving of any notice under section 114 registered owner registered owner
6: If, after such a certificate is registered, a transfer instrument registered owner registered owner
7: Every person who applies at the place and within the hours specified in a certificate under this section for permission to inspect the copy of the consent shall be shown the copy and any plan referred to in it, and shall if he so requests be advised of the extent to which effect has been given to the consents obtained.
8: Where the Minister or local authority is satisfied—
a: that any land against which a certificate under this section is registered is not affected or is no longer affected by the proposal to which the certificate refers; or
b: in any other case, as soon as the consents have been acted upon so far as they affect the title or titles against which the certificate is registered— the Minister or territorial authority may notify the Registrar-General of Land
9: Every certificate or notice of discharge under this section shall be signed by the Minister or by some person authorised by the Minister in that behalf or, in the case of a territorial authority, shall be signed by the chief executive Section 115(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(2)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 115(9) amended 1 July 2003 section 262 Local Government Act 2002
116: Stopping roads
1: Subject to subsection (2), the Minister may, by notice in the Gazette
2: A declaration shall not be made under subsection (1) unless—
a: at least 10 working days' prior notice has been given to every territorial authority whose district adjoins the road or part of the road that is the subject of the declaration; and
b: either—
i: adequate road access to land adjoining the road is left or provided; or
ii: the owners of the land adjoining the road or part of the road consent in writing to the stopping; and
c: if the road or part of the road proposed to be stopped is a State highway, the written consent of the New Zealand Transport Agency
d: if the road or part of a road is under the control of a regional council
e: 1928 No 21 s 147(1) 1948 No 39 s 29(3), (3A) 1972 No 132 s 8(1) Section 116(2)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 116(2)﻿(d) amended 1 July 2003 section 262 Local Government Act 2002 Section 116(2)﻿(e) repealed 1 April 1988 Public Works Amendment Act 1988
117: Dealing with stopped roads
1: Notwithstanding anything in section 40 section 315 Local Government Act 1974
2: The land comprising any Government road or State highway or part thereof that has been stopped may under this Act be disposed of or dealt with as land no longer required for a public work.
3: In the case of any stopped road that was, immediately before its stopping, a State highway, Government road, or part thereof, or if in the case of any other stopped road the territorial authority so consents, the land comprising the stopped road—
a: may, by the notice declaring the road to be stopped, or by a subsequent notice by the Minister, be vested or otherwise disposed of in exchange for any land required for any other road; or
b: if not required for the purpose of exchange, may be dealt with as Crown land under the Land Act 1948
4: If the land to be vested pursuant to subsection (3) adjoins land that is settled as a joint family home under the Joint Family Homes Act 1964
5: Before any land is so vested or disposed of, the Chief Surveyor shall allocate a new description to the land comprising the stopped road, and shall forward to the Registrar-General of Land
6: All land disposed of under this section by way of lease or licence in exchange for land held under lease or licence from the Crown shall be deemed to be incorporated in that lease or licence from the Crown, and shall, subject to any consequential adjustment of rent, be held on the same tenure and upon the same terms and conditions, and be subject to the same rights, titles, interests, and encumbrances, as the other land comprised in that lease or licence.
7: Notwithstanding anything in subsections (1), (2), and (3), if the land comprising any stopped road or any part of that land intersects or is adjacent to any reserve, endowment, or land held for a public work, the Minister may, by the notice declaring the road to be stopped or by a subsequent notice, declare that land or part to be added to the reserve, endowment, or land held for a public work, as the case may be; and thereupon the land shall vest in the owner of the land to which it is added and be subject to the same reservations and trusts as the land to which it is added.
8: If any reserve or endowment is vested in the Crown or, not being so vested, is lawfully administered by the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986
9: Any land incorporated in a lease or licence under subsection (6) shall, subject to any consequential adjustment of rent, be held on the same tenure and on the same terms and conditions, and be subject to the same rights, titles, interests, and encumbrances, as the other land comprised in that lease or licence. 1928 No 21 s 149 1948 No 39 s 29(3B)–(3F), (4), (5) Section 117(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 117(8) amended 1 February 1990 Survey Amendment Act (No 3) 1989
118: Application of other Acts to stopped roads
1: Notwithstanding section 117 section 116
a: section 345(3)
b: Part 4A
2: For the purpose of subsection (1), lake river section 2(1) Section 118 substituted 1 October 1991 section 362 Resource Management Act 1991
119: Taking severances
1: If, as the result of any land being declared road by a notice under section 114
2: On the declaration of the taking of any land under subsection (1), the land shall vest—
a: in the registered owner or owners record of title
b: if no such title is specified, in the territorial authority specified in that behalf in the notice; or
c: if no such title or territorial authority is specified, in the Crown— free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever, except so far as may be otherwise provided for in the notice.
3: No land shall be declared taken under subsection (1) without the written consent of the owner, lessee, or licensee, and of every other person having a registered estate or interest in the land.
4: Any land taken under subsection (1) and vested under subsection (2) in—
a: the territorial authority, may be dealt with by the territorial authority in all respects as if it had been comprised in a road stopped under section 116
b: the Crown, shall be deemed to be stopped Government road. 1948 No 39 s 29(6), (6A)–(6C) Section 119(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017
120: Registration
1: The provisions of sections 57 58
2: On the presentation to him of a copy of any notice stopping any road under this Part, together with a copy of the plan or plans referred to in it, the Registrar-General of Land must note the stopping on the appropriate record of title
3: The recital in any notice under this Part of the record of title record of title registered owner or owners record of title Registrar-General of Land record of title
4: Notwithstanding anything in the Joint Family Homes Act 1964 registered owner Registrar-General of Land section 4
5: The recital in any notice under this Part, or a certificate under the hand of the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986 Registrar-General of Land to make an appropriate entry without fee on any relevant record of title
6: The publication in the Gazette
7: The consent of any person having a registered interest in any land in respect of which a notice is proposed to be issued under this Part or having an interest in it disclosed by a register under the Land Transfer Act 2017 Deeds Registration Act 1908
8: Where, in any case to which section 117(6) paragraph (b), or paragraph (c), or paragraph (i) of section 114(2)
9: On the issue of a record of title
10: On the issue of a record of title Registrar-General of Land must enter on the register subsection (9)
11: Where any land that is subject to any reservation or restriction is declared road and any other land is vested or otherwise disposed of in exchange for it under this Part, then, unless in any case the Minister otherwise directs, the other land shall be vested or disposed of subject to that reservation or restriction or such other reservations or restrictions as the Minister directs.
12: The provisions of subsections (8) to (11) shall apply in respect of consents under section 119(3) paragraph (b) or paragraph (c) or paragraph (i) of section 114(2) 1948 No 39 s 29(7)–(11), (13)–(17) Section 120(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(5) amended 1 February 1990 Survey Amendment Act (No 3) 1989 Section 120(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(9) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 120(10) amended 12 November 2018 section 250 Land Transfer Act 2017
9: Roads
121: Interpretation
Section 121 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
122: Certain roads vested in Crown
Section 122 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
123: Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line
Section 123 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
124: Minister may make roads and declare Government or district roads
Section 124 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
125: Roads in areas where no territorial authority exists, etc
Section 125 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
126: Powers of Minister over roads under his control
Section 126 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
127: Powers of Minister in regard to swing gates and cattlestops on roads
Section 127 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989 Damage to and nuisances on roads
128: Owner or occupier of land not to cause damage to bridge by removal of stone, etc
Section 128 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
129: Penalties for damage to roads, bridges, etc
Section 129 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
130: Notice to be given of local authority works
Section 130 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
131: Poles, etc, on roads to be adjacent to boundaries
Section 131 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
132: Removal of roadside structures
Section 132 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
133: Removal of trees, hedges, etc, that obscure visibility or interfere with a public work
1: In this section and in sections 134 135 authority
a: any Minister of the Crown who is responsible for the work, where the work is a Government work:
b: the local authority which has financial responsibility for the work, where the work is a local work— and, in relation to a road, means the authority having control of the road cut down road
2: The authority may require the owner or occupier of any land adjoining a road or public work to do any of the following things:
a: to cut down, lower, or trim any tree, hedge, or shrub that is overhanging or overshadowing a road to such an extent as to damage the road, or to endanger or obstruct the lawful use of the road, or to be detrimental to the maintenance of the road and any associated drainage system:
b: to cut down, lower, or trim any tree, hedge, or shrub, or remove any debris, if parts of it may be blown on to any road or public work or if it may otherwise interfere with the lawful use of the road or any public work:
c: to cut down, lower, or trim any tree, hedge, or shrub on any land that is in such a position that it interferes with or is damaging, or is likely to interfere with or damage, any road or public work or the construction, operation, or maintenance of any road or public work:
d: to cut down or grub up, and remove any tree, hedge, or shrub that is obstructing a road or its drainage system owing to the growth of any vegetation or the spreading of roots upon or under the road up to its middle line:
e: to cut down, lower, or trim any tree, hedge, or shrub, or to lower or remove any wall, fence, or other structure, that in the opinion of the authority wholly or partially obscures visibility at any bend of a road, or at any road or railway crossing, or at any road intersection, or that causes any danger to the traffic on any road:
f: to remove any structure that encroaches either wholly or partially on to a road or on to any land used for a public work, unless the encroachment has been authorised under section 129
3: Within 10 working days after service of a notice under subsection (2), the owner or occupier may apply to the District Court nearest to the land for an order setting aside the notice.
4: A copy of any such application shall be served on the authority either before or immediately after it is lodged with the court.
5: The Registrar of the court shall give notice of the time and place fixed for the hearing of the application to the applicant and the authority, and they shall be entitled to be present and to be heard, either personally or by their counsel or by an officer of the authority.
6: On hearing the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
7: Every person on whom a notice has been served under this section commits an offence against this Act if he fails to comply with the requirement contained in the notice within 1 month after—
a: the expiry of the time in which application may be made to a court, if he has not exercised that right; or
b: the date of the court's order, if an application to set aside the notice has been made and it has not been set aside; or
c: the date on which any application to the court has been withdrawn by the applicant— whichever is the later, and shall be liable on
8: All costs and expenses incurred by an authority in carrying out any work under subsection (7) may be recovered from the person who failed to comply with the requirement as a debt due to the authority.
9: The power of entry conferred by subsection (7) may be exercised in addition to or instead of the filing of a charging document 1928 No 21 ss 169, 170, 171 1948 No 39 s 32 Section 133(1) authority substituted 1 April 1988 Public Works Amendment Act 1988 Section 133(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133(9) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
134: Service of notice
1: If, under the provisions of section 133 section 4
2: If the notice is served by being published in a newspaper, the authority shall also affix a copy of the notice upon a conspicuous part of the property in respect of which the notice is issued, or on some public road adjacent to it. 1928 No 21 s 171
135: Emergency work on trees, etc
1: Notwithstanding anything in section 133
2: If any authority exceeds the powers conferred by this section or causes any unnecessary damage to be done, the work shall be deemed not to have been authorised by this section.
3: If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.
4: All costs and expenses incurred by an authority in lawfully carrying out any work under this section may be recovered as a debt due to the authority from the person who would have been liable to pay if the work had been done under section 133 1928 No 21 s 172A 1956 No 39 s 4
10: Access ways and service lanes
Part 10 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
136: Minister may construct access ways and service lanes
Section 136 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
137: Control and management may be vested in Council
Section 137 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
11: Motorways
Part 11 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
137A: Interpretation
Section 137A repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
138: Governor-General may authorise and declare motorways
Section 138 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
139: Middle line procedures
Section 139 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
140: Power to make motorways
Section 140 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
141: Land may be temporarily occupied
Section 141 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
142: Compensation where road interfered with or wholly closed
Section 142 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
143: Access to land cut off from road or separated by motorway
Section 143 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
144: Alterations to roads, drains, etc
Section 144 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
145: Restrictions on poles, etc, on motorways
Section 145 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
146: Availability for traffic
Section 146 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
147: Maintenance and control of motorways
Section 147 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
148: Restrictions on use of motorways
Section 148 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
148A: Vehicles which may be operated on motorways
Section 148A repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
148B: Restrictions on access to motorways
Section 148B repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
149: Construction of buildings and facilities on, over, under, or adjacent to motorways
Section 149 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
150: Motorway deemed to be road
Section 150 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
151: Application of Impounding Act 1955
Section 151 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
152: Offences
Section 152 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
12: Limited access roads
Part 12 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
152A: Interpretation
Section 152A repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
153: Creation and revocation of limited access roads
Section 153 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
154: Provisions of Acts relating to roads to apply to limited access roads
Section 154 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
155: Access to and from land
Section 155 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
156: Authorisation of crossing places
Section 156 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
157: Restricting movement to or from a limited access road
Section 157 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
158: Limited access road not a road for certain purposes
Section 158 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
159: Requirements relating to declaration of limited access road
Section 159 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
160: Certificate of land affected to be forwarded to District Land Registrar
Section 160 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
161: Administration of limited access roads
Section 161 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
162: Offences
Section 162 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
163: Compensation
Section 163 repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
13: Railways
163A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 163A inserted 1 April 1988 Public Works Amendment Act 1988
164: Railways to be authorised by Order in Council
Section 164 repealed 1 April 1993 Railway Safety and Corridor Management Act 1992
165: Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc
1: If out of any Crown land or public reserve or any land situated in the common marine and coastal area
2: If at any time it is desired that any portion of Crown land or reserve so presumed to be part of any railway, cease to be part of the railway, the Minister may from time to time, by notice in the Gazette
3: Nothing in this section shall affect or interfere with any public road on any Crown land or reserve within the area so included in the railway, and lying along, adjacent to, or crossed by any such railway, except under and subject to this Act. 1928 No 21 s 218 Section 165(1) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
166: Power to make railways, railway stations, etc
Subject to the restrictions specified in this Part, the Minister may do the following things in respect of any railway authorised under this or any other Act:
a: construct works of every description and material necessary to the making of the railway:
b: take machinery and vehicles of any kind on to and across any land within the area set out in the notice defining the middle line of the railway, and use the machinery and vehicles on that land:
c: make any part of the railway on and along any part of any road, access way, or service lane:
d: make the railway on, across, over, or under any road, motorway, access way, service lane, railway, or tramway along the defined middle line; and alter the level of any road, access way, motorway, service lane, railway, or tramway for that purpose:
e: subject to compliance with the Resource Management Act 1991
f: subject to compliance with the Resource Management Act 1991
g: subject to compliance with the Resource Management Act 1991
h: remove or alter any drain or sewer or any pipes, wire, cable, or duct, together with any associated equipment, belonging to any person within or beyond the defined limits of the railway:
i: make or construct all such buildings, stations, machinery, bridges, roads, approaches, and other structures and works in connection with the railway as the Minister thinks necessary:
ia: make or construct all rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description used in connection with the railway:
j: construct such roads, service lanes, or access ways as the Minister thinks desirable for the purpose of giving access to any land whose access is severed by a railway:
k: do all such things as are necessary for making, maintaining, altering, repairing, and using the railway. 1928 No 21 s 219 Section 166(e) amended 1 October 1991 section 362 Resource Management Act 1991 Section 166(f) amended 1 October 1991 section 362 Resource Management Act 1991 Section 166(g) amended 1 October 1991 section 362 Resource Management Act 1991 Section 166(ia) inserted 31 March 1987 Public Works Amendment Act (No 2) 1987
167: Rights of way where railway along or across road on level
Section 167 repealed 1 April 1993 Railway Safety and Corridor Management Act 1992
168: Compensation where road interfered with or wholly closed
1: Except as provided in section 63
a: any road being wholly closed under the powers conferred by section 37
b: the use or occupation of any road for any railway; or
c: any inconvenience to the users of any land fronting or adjoining any such road— if reasonable and sufficient access to the nearest road crossing over or under the railway is available by some other road, whether it has been provided or constructed by the Minister or not.
2: If any question arises as to whether other reasonable and sufficient access is so available, it shall be determined in such manner as is agreed upon between the owners and occupiers of the land, the territorial authority having the control of roads in the district, and the Minister; and every such determination shall be conclusive as to the rights or claims of all persons affected.
3: If no such agreement is reached, all claims for compensation in respect of the matters referred to in subsection (1) shall be determined in the manner provided by this Act, but no compensation shall be awarded if in the opinion of the Land Valuation Tribunal other reasonable and sufficient access is so available. 1928 No 21 s 221
169: Access to land cut off from road or separated by railway
1: If the making of a railway has—
a: cut off all access by road to any land other than Crown land; or
b: separated one piece of the land of any person from another piece of land of that person— and the Minister has not provided access to the land so cut off or between the pieces of land so separated, the Minister shall provide access to the land so cut off or between the pieces of land so separated—
c: by constructing a road, access way or service lane; or
d: by constructing a crossing between the pieces of land that have been separated.
2: No access need be provided under this section as a consequence of the land having been subdivided after the construction of the railway.
3: Where the Minister is satisfied that alternative access has become available to any land that has been granted an access under this section, the Minister may close any access provided under this section on giving not less than 3 months' notice in writing to the owner and occupier of the land affected.
4: If the owner or occupier of any land to which subsection (1) applies objects to any decision of the Minister under this section, the Minister shall appoint a competent person 1928 No 21 s 222 Section 169(4) amended 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002
170: Alterations to roads, drains, etc
1: Where it is found necessary for the construction of a railway to alter any road, tramway, watercourse, or drain, or any other public work, or any water supply pipe or gas supply pipe, or any power supply or telecommunications link, the alterations shall be made in such manner as will—
a: interfere as little as possible with the work altered; and
b: so far as practicable, provide the public and every person entitled to use the work altered with the equivalent use and convenience as they had before the alteration.
2: Before commencing any such alteration, the Minister shall cause a plan of it to be prepared and to be submitted to the local authority having the control of the work proposed to be altered, or to the owner of the water supply pipe or gas supply pipe, power supply, or link, or other work, as the case may be.
3: If the local authority or owner objects to the proposed alteration, the Minister shall appoint a competent person
4: The Minister may at any time interfere with any such road, public work, pipe, power supply, or link so far as is necessary to effect all necessary repairs on any railway lawfully constructed thereon, but shall give to such local authority or owner not less than 10 working days' notice of his intention to do so, except in the circumstances set out in subsection (5).
5: In any emergency or danger the Minister may carry out forthwith all such works as appear to him to be necessary, and shall as soon as possible give notice of doing so to such local authority or owner. 1928 No 21 s 225 Section 170(3) amended 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002
171: Agreement as to use of railway bridge for combined traffic
Section 171 repealed 1 April 1993 Railway Safety and Corridor Management Act 1992
172: Right of way on joint railway and common bridges
Section 172 repealed 1 April 1993 Railway Safety and Corridor Management Act 1992
173: Land may be temporarily occupied
1: Subject to the conditions specified in this section, the Minister may temporarily occupy and use any land for the purpose of constructing, reconstructing, or repairing a railway, and may do the following things on the land:
a: take from the land stone, gravel, earth, and other materials:
b: deposit any construction materials:
c: deposit, permanently or temporarily, any material suitable for use in landscaping or restoration of that land or of the railway:
d: form and use drains and hard standings:
e: manufacture or fabricate materials and construct incidental works:
f: erect workshops, sheds, and other buildings of a temporary nature, and store or use any plant or equipment.
2: The engineer or other person having the charge of the railway shall, before so occupying or using any land and, except in the case of accident to the railway requiring immediate repair, give to the owner and to the occupier of the land not less than 10 working days' notice in writing, and shall include in the notice—
a: a description of the land affected; and
b: the nature of any work to be carried out; and
c: the type of any material required; and
d: the approximate quantity of any material required; and
e: the use proposed to be made of any material to be removed; and
f: how and when entry is to be made; and
g: a statement of the owner or occupier's rights under subsection (3); and
h: the estimated amount of compensation to which the owner or occupier would be entitled under this Act.
3: The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the engineer or other person of his intention to do so, apply to the District Court nearest to the land concerned, and the court may thereupon summon the engineer or other person to appear before the court at a time and place to be named in the summons.
4: If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—
a: order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or
b: direct that the land be occupied and used or material taken from it in such manner and subject to such limitations and restrictions as it thinks fit— and all persons concerned shall be bound by any such order. 1928 No 21 s 229
174: Application of Impounding Act 1955
The person in charge of any railway or part of a railway, whether vested in the Crown or not, shall be deemed to be the occupier of it for the purposes of the Impounding Act 1955 1928 No 21 s 234
14: Railways and tramways regulation and inspection
New Zealand Railways Corporation railways Heading substituted 1 April 1982 section 120(5) New Zealand Railways Corporation Act 1981
175: Inspection of railways
No part of any railway constructed by the Minister of Transport
a: it has been inspected by some proper person appointed by the Minister of Transport
b: that person has reported to the Minister of Transport
i: the whole of that part; and
ii: except in the case of an extension of an existing railway, all the rolling stock to be used on it— and that the railway and rolling stock are in good and efficient repair and may be safely and conveniently used for public traffic. 1928 No 21 s 237 Section 175 amended 1 April 1988 Public Works Amendment Act 1988 Section 175(a) amended 1 April 1988 Public Works Amendment Act 1988 Section 175(b) amended 1 April 1988 Public Works Amendment Act 1988 Local railways and tramways
176: Interpretation
In sections 177 to 183 local railway section 2 Minister proprietors 1928 No 21 s 240 Section 176 local railway substituted 28 August 1990 section 35 New Zealand Railways Corporation Restructuring Act 1990 Section 176 Minister inserted 1 April 1988 Public Works Amendment Act 1988
177: General Manager to be appointed for every local railway
There shall be for every local railway on which passengers are carried an officer called the General Manager, and the name and address of each General Manager shall be registered in the office of the Minister. 1928 No 21 s 241
178: Appointment of Inspector
1: The Minister may from time to time appoint any proper person to inspect any local railway, and that appointment may be—
a: general, authorising the appointed person to inspect all or any local railways as occasion may from time to time require; or
b: special, applying to any 1 or more specified sections of a local railway.
2: Any person so appointed may at all reasonable times on producing his warrant of appointment, if required, enter on and examine any local railway, and the stations, works, and buildings, and the engines and carriages, and other rolling stock belonging to the railway.
3: Every person who wilfully obstructs any person so appointed to inspect any local railway in the execution of his duty commits an offence against this Act. 1928 No 21 s 244
179: Notice of intended opening
1: A local railway or a portion of a local railway shall not be opened for the public conveyance of passengers—
a: until 2 months after notice in writing of the intention of opening it has been given by its proprietors to the Minister; and
b: until 30 days after notice in writing has been given by such proprietors to the Minister of the time when the railway or portion of railway will be in their opinion sufficiently completed for the safe conveyance of passengers and ready for inspection; and
c: unless and until the Minister has given notice in writing to such proprietors that he has received from the person appointed under section 178
2: The proprietors of any local railway or portion of any local railway who open it or cause it to be opened without such notices having been duly given, commit an offence and shall be liable on 1928 No 21 s 245 Section 179(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
180: Minister may postpone opening or working of local railway
1: If the person appointed to inspect any local railway or portion of local railway, after inspecting it, reports in writing to the Minister that in his opinion the opening or the continued working of it would be dangerous to the public or to the persons employed on the railway, owing to—
a: the incompleteness of the works or permanent way; or
b: the need for necessary repairs in any part of the railway; or
c: the insufficiency of the establishment for working the railway— the Minister may from time to time—
d: order the proprietors of the railway to postpone its opening or discontinue working it, as the case may require, for any period not exceeding 1 month at any one time, until it appears to the Minister that the opening may take place or the working may be resumed without danger to the public; or
e: where an authorising order has been made under the Tramways Act 1908, direct that the works thereby authorised shall be completed in accordance with that order and any plan or documents mentioned in it, without suspending the traffic upon the tramway.
2: The proprietors shall be entitled to a copy of the report on which any such order is founded.
3: If any order made by the Minister under this section is not complied with by the proprietors of any local railway affected by it, they commit an offence and shall be liable on 1928 No 21 s 246 Section 180(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
181: Notice to Minister of accidents
1: The General Manager of every local railway shall, within 48 hours after the occurrence upon the railway under his management of any accident which causes serious personal injury to any member of the public or to any person employed on the railway or which causes serious damage to the line, appliances, rolling stock, or plant, give notice of the accident by telegram or telephone to the Minister.
2: If any such General Manager wilfully omits to give such a notice he commits an offence and shall be liable on 1928 No 21 s 247 Section 181(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
182: Inquiry as to accidents
1: The Minister may cause an inquiry to be held in such manner as he thinks fit into any accident referred to in section 181
a: make such alterations as are necessary in the construction or equipment of the railway or the rolling stock, plant, or machinery used on or in connection with it, or in the method of working it; and
b: discontinue the working of the railway, or the use of such rolling stock, plant, or machinery, or the method of working them, as the case may require, until such alteration has been made.
2: If any such direction is not complied with, the proprietors of the local railway commit an offence and shall be liable on 1928 No 21 s 248 Section 182(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
183: Returns of accidents
1: The Minister may order the General Manager of any local railway to make up and deliver to the Minister returns of serious accidents occurring in the course of the public traffic on the railway under his management, whether attended with personal injury or not.
2: Such returns shall be made up in such form and manner as the Minister considers necessary with a view to the public safety.
3: If any such returns are not so delivered within 14 days after they have been required, the General Manager commits an offence and shall be liable on 1928 No 21 s 249 Section 183(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
15: Defence works
184: Crown The Crown in accordance with the Building Act 2004 1928 No 21 s 252 Section 184 heading amended 1 April 1988 Public Works Amendment Act 1988 Section 184 amended 31 March 2005 section 414 Building Act 2004 Section 184 amended 1 July 1992 Building Act 1991 Section 184 amended 1 April 1988 Public Works Amendment Act 1988
185: Destroying or altering defence works
Every person commits an offence and shall be liable on 1928 No 21 s 259 Section 185 amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Protection of
public Part 16 repealed 1 October 1991 section 362 Resource Management Act 1991
185A: Interpretation
Section 185A repealed 1 October 1991 section 362 Resource Management Act 1991
186: This Part not to derogate from Town and Country Planning Act 1977
Section 186 repealed 1 October 1991 section 362 Resource Management Act 1991
187: Control of use of land in vicinity of essential works
Section 187 repealed 1 October 1991 section 362 Resource Management Act 1991
187A: Control of use of land transferred to State enterprises
Section 187A repealed 1 October 1991 section 362 Resource Management Act 1991
188: Removal of trees, buildings, etc, interfering with use of aerodrome
Section 188 repealed 1 October 1991 section 362 Resource Management Act 1991
189: Minister may direct local authority or airport authority to serve notice under this Part and in default may serve notice on its behalf
Section 189 repealed 1 October 1991 section 362 Resource Management Act 1991
17: Artificial lakes and secondary use of public works land
Artificial lakes
189A: Interpretation
In this Part, unless the context otherwise requires, Minister Section 189A inserted 1 April 1988 Public Works Amendment Act 1988
190: Regulations as to use of lake formed by construction of Government work
1: In this section, unless the context otherwise requires,— artificial lake natural lake
2: Where a natural lake exists before the construction of a Government work, or a work acquired by the Crown, which increases the area of that lake, the whole of the lake as so increased in area shall be deemed to be a natural lake for the purposes of this section.
3: In addition to all powers of making regulations in respect of lakes conferred on him by the Harbours Act 1950 or by any other Act, but subject to the Resource Management Act 1991 subsection (4)
a: prohibiting, or permitting, regulating, and prescribing terms and conditions for, the use of the lake or its waters or any part of it or its waters:
b: prohibiting, or permitting, regulating, and prescribing terms and conditions for, the discharge into or placing in the lake of any solid or liquid matter likely to settle in the lake, or cause an obstruction in it, or interfere with any authority or person lawfully using the lake, or its waters, or any part of it or its waters:
c: prescribing fines, not exceeding $500 in any case, for the breach of any regulations made under this section.
4: Any regulations made under subsection (3)﻿(b) shall not permit the discharge or placing of any matter into or in the lake in contravention of any legislation
5: Regulations under this section may be made generally in respect of all artificial lakes, or in respect of any 1 or more of such lakes.
6: The power of making regulations under this section shall be exercisable in respect of such parts of any natural lake as lie within 350 metres from—
a: any part of a Government work constructed for the purpose of utilising the waters of the lake; or
b: any outlet of the lake as it exists from time to time— where a work designed for the control of the level of the waters of the lake is constructed on a river or stream flowing from the lake, in the same manner as if those parts of the natural lake were parts of an artificial lake.
7: The power of making regulations under this section may be exercised in respect of such part of any river or stream as lies between a work constructed for the control of the level of the waters of a lake from which it flows and the outlet of the lake, in the same manner as if that part of the river or stream were an artificial lake.
8: The provisions of Part 2 of the Fisheries Act 1908 shall apply to any artificial lake as if its waters were not private waters.
9: Regulations under this section are secondary legislation ( see Part 3 1948 No 39 s 36 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 190(3) amended 1 October 1991 section 362 Resource Management Act 1991 Section 190(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 190(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Secondary use
191: Secondary use of land held for public work
1: If the Minister having control of any public work that Gazette
2: Every notice under this section shall specify the land affected by it and the secondary use or uses authorised by it.
3: For the purposes of any such notice the land may be defined by survey data, or by physical features, or by such other means as seem to the Minister to be best suited to the circumstances.
4: For the purpose of any such notice, any definition of secondary use may specify particular uses which alone are permitted, or may be in general terms with or without specified exceptions.
5: At any time after any such notice has been signed, the Minister or the local authority, as the case may be, may apply the land to any authorised secondary use or may grant licences, permits, and privileges in respect of any authorised secondary use of the land to any persons upon or subject to such terms and conditions as the Minister or the local authority or any public body in which powers under this section may be vested thinks fit, for any period, with or without a right of renewal.
6: Any such licence, permit, or privilege may be immediately revoked upon the breach of any of the terms or conditions upon or subject to which it is granted, or if in the opinion of the Minister or local authority concerned the service of the public so requires.
7: If the secondary use authorised by any such notice includes the general characteristics of a reserve within the meaning of the Reserves Act 1977 National Parks Act 1980
a: any local authority;
b: the
c: the Director-General of Conservation:
d: any trustees empowered by or under any Act or any other lawful authority; or
e: any persons acting as trustees for the inhabitants of the locality— on such conditions as may be prescribed in the notice, and may make such other provisions in respect of such control as he thinks fit, having regard to the continued and future use of the land for the public work for which it was acquired.
8: Any notice under this section may from time to time be amended or revoked by a subsequent notice.
9: Nothing in this section shall derogate from the provisions of the Resource Management Act 1991 1948 No 39 s 37 Section 191(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 191(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 191(7)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 191(7)﻿(c) substituted 1 April 1987 section 65(1) Conservation Act 1987 Section 191(9) substituted 1 October 1991 section 362 Resource Management Act 1991
192: Compensation under this Part
1: On the termination or revocation of any licence, permit, or privilege granted under section 191 section 190
2: Compensation shall not be payable in respect of any reduction of the value of any such licence, permit, or privilege caused by the operation or cessation of the public work. 1948 No 39 s 38
193: Revenue and expenditure under this Part
1: All revenue arising out of the granting of licences, permits, or privileges under section 191 section 190
a: in the case of works under the control of the Minister, be paid into the account to which the cost of the public work has been charged:
b: in the case of works under the control of a local authority, be paid into the general revenues of the local authority.
2: All expenditure arising out of the granting of licences, permits, or privileges under section 191 section 190 sections 191 192
a: in the case of works under the control of the Minister, be paid out of money appropriated by Parliament for the purpose:
b: in the case of works under the control of a local authority, be paid out of the general revenues of that local authority.
3:
4: In the case of works under the control of a local authority, any remission, either wholly or in part, of any fees, dues, and charges payable in respect of any such licence, permit, or privilege shall be made by resolution of the local authority. 1948 No 39 s 39 Section 193(3) repealed 1 July 1989 section 86(1) Public Finance Act 1989
18: Government drains
Part 18 repealed 1 April 1988 Public Works Amendment Act 1988
194: Minister to have powers of territorial authority
Section 194 repealed 1 April 1988 Public Works Amendment Act 1988
195: Government drains
Section 195 repealed 1 April 1988 Public Works Amendment Act 1988
19: Irrigation
195A: Application of Part 19 of Public Works Act 1981
This Part shall apply only to irrigation schemes owned by the Crown, irrigation schemes under construction by the Crown, and to irrigation schemes that the Crown has agreed to construct, and not to irrigation schemes sold or otherwise disposed of by the Crown under Part 1 Section 195A inserted 3 July 1990 section 19 Irrigation Schemes Act 1990
196: Interpretation
In this Part, unless the context otherwise requires,— development period section 208 headworks irrigation district section 208 land section 208 Minister occupier season section 208 water supply works 1975 No 138 s 3 Section 196 Minister inserted 1 April 1988 Public Works Amendment Act 1988 Section 196 National Authority repealed 1 April 1988 Public Works Amendment Act 1988
197: Minister may construct and maintain water supply works
1: The Minister is hereby empowered to investigate, design, construct, maintain, or control any water supply works which are proposed to be constructed, or which have been constructed wholly or partly, out of money appropriated by Parliament for the purpose, as part of an irrigation scheme.
2: The Minister has, in respect of water supply works to which subsection (1) applies, all the powers, rights, duties, and authorities conferred, in respect of water supply works, upon a territorial authority under the Local Government Act 2002 Gazette 1928 No 21 s 274 Section 197(2) substituted 1 July 2003 section 262 Local Government Act 2002
198: Minister may appoint territorial authority or catchment board as his agent
The Minister may, by agreement with any territorial authority or catchment board, appoint that territorial authority or catchment board as his agent to exercise on his behalf any of the powers or functions conferred upon him under this Part.
199: Minister may supply water to any person from water supply works
The Minister, for and on behalf of the Crown Section 199 amended 1 April 1988 Public Works Amendment Act 1988
200: Notification of investigation of proposed irrigation scheme
Public notification of an investigation by the Minister, territorial authority, or catchment board, as the case may be, into any proposed irrigation scheme shall be given by the Minister, territorial authority, or catchment board, as the case may be, as soon as practicable after the commencement of the investigation and shall be renewed annually until the investigation is completed or abandoned. 1975 No 138 s 4
201: Report of National Authority on proposed irrigation scheme
Section 201 repealed 1 April 1988 Public Works Amendment Act 1988
202: Notification of proposed irrigation scheme
1: Where the investigation under section 200
a: the following matters:
i: the land to be included in or excluded from the proposed irrigation district;
ii: a description of the nature and extent of the proposed headworks; the nature and extent of the works that are to be included as off-farm distribution works for inclusion within the water charge calculation; and the nature of works that may form part of the on-farm irrigation development;
iii: the annual basic charge or charges for the purpose of recovering a proportion of the capital costs of the headworks and of the off-farm distribution works
iv: the annual water availability charge or charges
v: the scale of the reduced charges payable for each season of the development period, together with advice about when, after that period, the reductions become payable;
vi: the number of seasons of supply over which the charges payable under section 214 section 217
vii: a statement that the charges are based on the estimated costs of the proposed scheme and the demand for water, and shall be subject to adjustment from the commencement of the supply of water and from the end of the season in which the charges reach the full amount to conform to the actual or re-estimated costs and demand as provided for in sections 210 212
viii: the general objectives of the scheme;
ix: the estimated capability of the scheme;
x: the general conditions of supply, including any proposed basis of allocation of water;
xi: any factors which may have a bearing on supply generally or in particular cases;
xii: the intended order of construction or availability of supply to any specified part of the scheme;
xiii: the minimum percentage, being not less than 60%, of valid votes cast at any poll under this Part required by the Minister to be in favour of the proposed irrigation scheme as a prerequisite to its construction;
xiv: the season; and
xv: the minimum aggregate area of land occupied by any occupier that it is proposed to include in the proposed irrigation scheme:
b: such other matters as the Minister considers relevant.
2: For the purposes of any notice publicly notified under this section, the proposed irrigation district may be defined by survey data or by physical features or by such other means as in the opinion of the Minister may seem best suited in the circumstances.
3: Any notice under this section may from time to time section 206 section 203(2) 1975 No 138 s 6 Section 202(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 202(1)﻿(a) amended 1 April 1988 Public Works Amendment Act 1988 Section 202(1)﻿(a)﻿(iii) amended 16 December 1983 Public Works Amendment Act 1983 Section 202(1)﻿(a)﻿(iii) amended 1 November 1982 Public Works Amendment Act 1982 Section 202(1)﻿(a)﻿(iv) amended 16 December 1983 Public Works Amendment Act 1983 Section 202(3) amended 1 April 1988 Public Works Amendment Act 1988
203: Poll for proposed irrigation scheme
1: Subject to section 207 section 202
2: If the Minister is of the opinion that the acceptability of any proposed irrigation scheme could be fairly ascertained by an inquiry in writing of all the persons who are ratepayers in respect of land in the proposed irrigation district, the Minister may dispense with a poll and arrange to notify by post the said ratepayers of the charges and the description of the proposed scheme as notified under section 202
3: Each of the ratepayers notified under subsection (2) shall be entitled to such time as the Minister may stipulate, being not less than 10 working days, to advise the Minister in writing whether or not he agrees to the proposed irrigation scheme and the charges and the other matters relating to the proposed scheme as so notified to him. 1975 No 138 s 7 Section 203(2) substituted 1 April 1988 Public Works Amendment Act 1988
204: Preparation of rolls
1: For the purpose of any poll under this Part, the electoral officer of each territorial authority whose district or part of it is included in the proposed irrigation district must, at the Minister's request, prepare a special roll of the ratepayers each of whom is a ratepayer in respect of land in the proposed irrigation district.
2: Where the proposed irrigation district extends over the district of 2 or more such territorial authorities, the special rolls so prepared for the several districts may be taken together, and the rolls so taken shall be the special roll of electors for the purposes of the poll to be taken under this Part.
3: If, under this Part, a poll is to be taken of all or any of the ratepayers in the districts of 2 or more territorial authorities jointly, the Minister may select and appoint one of those territorial authorities to be the principal authority for the purposes of the poll. 1975 No 138 s 8 Section 204(1) substituted 1 July 2001 section 151 Local Electoral Act 2001
205: Voting
Only those persons appearing on the special roll prepared under section 204 1975 No 135 s 9
206: Publication of proposal to take a poll
The Minister or the local authority intending to take any poll under this Part shall publish in any newspaper circulating in the proposed irrigation district a notice setting out the day on which, and the place or places where, the poll is to be taken. 1975 No 138 s 10
207: When and how poll to be taken
1: The day on which any poll under this Part shall be taken shall be the day specified in that behalf in the notice published under section 206
a: not less than 10 working days nor more than 20 working days after the date of the publication of the notice; and
b: not less than 3 months nor more than 12 months after the date of public notification under section 200
2: On the day so specified a poll shall be taken by each territorial authority whose district or part of it is included in the proposed irrigation district, and, subject to any necessary modifications and to any direction given by the Minister, the poll shall be taken in the manner provided under the Local Electoral Act 2001
3: The reasonable cost of every poll under this Part that is not held simultaneously with the election of members of any local authority, and the reasonable additional costs incurred by a local authority for any poll under this Part that is held simultaneously with the election of members of the local authority, may be paid by the Crown out of money appropriated by Parliament for the purpose.
4: Any dispute arising as to the amount to be paid by the Crown to any local authority under this section shall be determined by the Controller and Auditor-General after such inquiry as he thinks fit to make, and the decision of the Controller and Auditor-General in any such dispute shall be final. 1975 No 138 s 11 Section 207(2) amended 1 July 2001 section 151 Local Electoral Act 2001
208: Constitution of district, etc
1: If, of the valid votes cast at any poll taken under section 207 section 202(1) section 203
2: Where the Minister is of the opinion
a: it is practicable and desirable, and will result in increased productivity of the affected land (within or outside the irrigation district); and
b: that there would be no more than minor detraction from the existing benefits within an irrigation district— the Minister may recommend to the Governor-General that the Order in Council constituting the irrigation district be amended—
c: by altering the description of the land constituting the district to exclude some land or include more land; or
d: by altering or adding to the charges, conditions of supply, or any other matter contained in the Order in Council— and the Governor-General may, by Order in Council amend accordingly the Order in Council constituting the irrigation district.
3: No recommendation shall be made to the Governor-General under subsection (2) without the consent of the same percentage of the occupiers of the land to be excluded or included as was specified in the notice given under section 202(1)﻿(a)﻿(xiii)
4: An order under this section is secondary legislation ( see Part 3 1975 No 138 s 12 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 208(2) amended 1 April 1988 Public Works Amendment Act 1988 Section 208(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
208A: Reduction in size and abolition of irrigation district
1: Notwithstanding anything in this Part, the Governor-General may, on the advice of the Minister
a: abolish any irrigation district by revoking the Order in Council which constituted the district and any amending Order in Council made under section 208(2)
b: reduce the size of an irrigation district by amending the Order in Council constituting the district, and any amending Order in Council made under section 208(2)
2: Subject to subsection (4), on the abolition of an irrigation district or the reduction in size of an irrigation district under subsection (1), the provisions of this Part shall cease to apply in respect of the abolished district or in respect of the land no longer forming part of the district, as the case may be.
3: If any Order in Council is made under subsection (1)﻿(b), the basic charge and the water availability charge shall not be increased by virtue of that fact, and any subsequent adjustment of either of those charges under section 210 section 212
4: The owner and occupier of any land which formed part of an irrigation district, and which is no longer within the district by virtue of an Order in Council made under this section, shall be entitled to claim—
a: reimbursement from the Minister for all costs and expenses actually and reasonably incurred by the owner and occupier in anticipation of the land being irrigated, to the extent that the costs and expenses are no longer of any value to the owner and occupier; and
b: notwithstanding the provisions of section 60 Part 5
5: Every claim for such reimbursement shall be made, determined, and paid in accordance with Part 5
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 208A inserted 16 December 1983 Public Works Amendment Act 1983 Section 208A(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 208A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
209: Basic charge
1: Notwithstanding that a basic charge may have been notified under section 202 section 210
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 209 substituted 3 July 1990 section 20(1) Irrigation Schemes Act 1990 Section 209(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
210: Adjustment of basic charge
Section 210 repealed 3 July 1990 section 20(1) Irrigation Schemes Act 1990
211: Water availability charge
1: Notwithstanding that a water availability charge may have been notified under section 202 section 212
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 211 substituted 3 July 1990 section 21(1) Irrigation Schemes Act 1990 Section 211(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
212: Adjustment of water availability charge
Section 212 repealed 3 July 1990 section 21(1) Irrigation Schemes Act 1990
212A: Alternative to basic and water availability charges
1: Notwithstanding anything in this Act, the Minister may
2: The amount of any charge set under this section and the basis upon which it may subsequently be varied shall be included in the notice given under section 202(1)﻿(a)
3: Any charge set under this section may be varied by the Minister at any time upon the basis specified in the notice given under the said section 202
4: The provisions of this Part (except for sections 209 to 212
5: In setting a charge in substitution for the charges payable under sections 214 216
6: The following are secondary legislation ( see Part 3
a: a charge set under this section:
b: a variation of a charge set under this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must comply with subsection (2) LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 212A inserted 30 March 1987 Public Works Amendment Act 1987 Section 212A(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 212A(5) amended 1 April 1988 Public Works Amendment Act 1988 Section 212A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
213: Determination of interest
For the purposes of sections 209 to 212 The National Bank The National Bank provided that the Minister may specify the addition of a further percentage to the interest rate to compensate for any deferral in the recovery of principal and interest when charges are set under section 212A 1975 No 138 s 17 Section 213 amended 1 July 1994 section 5(1)﻿(a) National Bank of New Zealand Limited Act 1994 Section 213 proviso added 30 March 1987 Public Works Amendment Act 1987
214: Liability of occupier for annual charge
1: Except where a water availability agreement referred to in section 216 section 202
2: The annual charge referred to in subsection (1) as the liability of an occupier shall be an amount calculated in accordance with the following formula: b × h where—
b: is the basic charge calculated in accordance with section 209 section 210
h: is the irrigable area of the land of the occupier in the irrigation district as determined in accordance with section 215
3: The annual charge referred to in subsection (1) as the liability of an occupier shall become payable to the Minister at the end of the irrigation season to which it relates, and shall be recoverable as a debt due to the Crown. 1975 No 138 s 18
215: Determination of irrigable area
1: The irrigable area of the land of any occupier in any irrigation district shall be determined by the Minister
2: Such irrigable area shall be expressed as the number, including any part of a whole number to 1 decimal place, of irrigable hectares.
3: The irrigability of any area of land shall be determined after consideration of the nature of the land, the capability of the water supply works to supply water to the land, and any limitations to the capability of the water supply scheme to supply water to all the land in the irrigation district that is potentially irrigable.
4: In determining from time to time the irrigable area of land, the Minister
5: Where any occupier is dissatisfied with any determination of the Minister Minister
6: Where the assessors appointed under subsection (5) are unable to agree on the irrigable area of the land of any occupier the assessors shall—
a: appoint an adjudicator; or
b: where they cannot agree on the appointment of an adjudicator, apply to the District Court nearest to the land concerned for the appointment of an adjudicator— and the decision of the adjudicator shall be final. 1975 No 138 s 19 Section 215(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 215(4) amended 1 April 1988 Public Works Amendment Act 1988 Section 215(5) amended 1 April 1988 Public Works Amendment Act 1988
216: Water availability agreements
1: The Minister may allocate water, to be supplied from the water supply works for any irrigation district, to the occupier of any land in the district, and may determine the conditions under which such water shall be so supplied. Each allocation shall be expressed as a number of unit quantities or unit rates of supply.
2: Each such allocation to an occupier shall be compatible with a scheme approved by the Minister for the development through irrigation of the land of the occupier and, in determining such allocation, the Minister shall take into consideration any request made in writing by the occupier as to the allocation the occupier desires.
3: The Minister, for and on behalf of the Crown, may enter into a water availability agreement with the occupier of any land in the irrigation district. Every such agreement shall be in accordance with any allocations and conditions the Minister has determined under subsections (1) and (10).
4: Every occupier of land in respect of which a water availability agreement is entered into with the Minister shall, subject to the provisions of subsection (7) and subject to any deferments of charges for the development period as provided for in section 202
5: The annual water availability charge referred to in subsection (4) as the liability of an occupier shall be an amount calculated in accordance with the following formula: a × w where—
a: is the water availability charge calculated in accordance with section 211 section 212
w: is the number of unit quantities or unit rates of supply allocated to that occupier in accordance with subsection (1).
6: Every annual water availability charge referred to in subsection (4) as the liability of an occupier shall, unless that occupier is exempt from payment of it under subsection (7), become payable to the Minister at the end of the irrigation season to which it relates, and shall be recoverable as a debt due to the Crown.
7: For an irrigation season in which the amount payable under a water availability agreement is equal to or less than the annual basic charge, the occupier shall be exempt from payment of the annual water availability charge.
8: The holder of a water availability agreement may at any time apply to the Minister for a variation in the number of unit quantities or unit rates of supply allocated to the holder, or for the cancellation of the holder's allocation.
9: On receiving such an application, the Minister may grant the application in whole or in part by varying or cancelling the applicant's allocation, as the case may be, if—
a: the Minister is satisfied that to do so is likely to result in more beneficial use of the available water; and
b: in the case of an application for a reduction or cancellation, the Minister is satisfied that as a result of—
i: the increase of 1 or more other allocations with the consent of the recipients; or
ii: the granting of 1 or more new allocations with the consent of the recipients; or
iii: the availability of surplus water for supply in accordance with section 217(3) to do so will not adversely affect the revenue of the irrigation district.
10: If the Minister so varies or cancels an allocation the Minister shall accordingly vary or cancel the water availability agreement of the applicant, and vary or make new water availability agreements in accordance with the increased or new allocations. Section 216 substituted 1 April 1988 Public Works Amendment Act 1988
217: Supply of water
1: The Minister
2: At any time before the commencement of availability of supply in accordance with subsection (1), the Minister may supply any person with water from the water supply works on such terms and conditions as he thinks reasonable
3: If, at any time after the commencement of availability of supply, the Minister is of the opinion that the supply of water from the water supply works is likely to be in excess of the amount to be supplied in accordance with water availability agreements, the Minister may supply the surplus water to any person on conditions not more favourable than those applicable to water availability agreements. 1975 No 138 s 21 Section 217(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 217(2) amended 1 April 1988 Public Works Amendment Act 1988 Section 217(3) substituted 1 April 1988 Public Works Amendment Act 1988
218: Diminished supply
1: Notwithstanding anything in this Part, if, during any season, water from the water supply works fails or becomes diminished, or the Minister is required by powers exercised under the Resource Management Act 1991
2: If, during any season, it is impracticable to supply to any occupier the number of unit quantities or unit rates of supply agreed to be allocated or supplied to him under this Part, the charge payable by that occupier for that season shall be reduced by such amounts as the Minister considers reasonable
3: Notwithstanding subsection (2), in any case where a charge is payable under a water availability agreement, the charge payable under section 214 1975 No 138 s 23 Section 218(1) substituted 1 April 1988 Public Works Amendment Act 1988 Section 218(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 218(2) amended 1 April 1988 Public Works Amendment Act 1988
219: Penalty for late payment
1: Subject to subsection (2), if demand is made in writing after the end of any season for payment of any annual basic charge or annual water availability charge or any other charge payable under this Part for the immediately preceding season, and payment is not made within 28 days after the date of the demand, the occupier shall pay to the Minister, in addition, an amount equal to 10% of the amount not paid.
2: The Minister may, if he considers the circumstances so warrant 1975 No 138 s 24 Section 219(2) amended 1 April 1988 Public Works Amendment Act 1988
220: Irrigation notice
1: After any irrigation district is constituted under this Part, the Minister may without fee deposit with the Registrar-General of Land
2: Every notice deposited under this section shall describe the land affected by the notice, and shall state—
a: that the land is subject to an annual charge under this Part;
b: that particulars of the charge so payable, including the current amount and the basis of calculation, are available from such office as may be stated in it; and
c: the Gazette
3: The Registrar-General of Land
4: The registration of a notice under this section shall be deemed to give notice of the annual charge to all persons having any estate or interest in the land comprised in the title against which the certificate is registered, in mortgages and charges of that land, and in rights, easements, and appurtenances belonging to that land, or usually held and enjoyed with it, and their successors in title.
5: In the event of the water supply works being abandoned, discontinued, or disposed of by the Minister, he shall, on payment of all money payable in respect of any charge referred to in any notice registered under subsection (3), without fee deposit with the Registrar-General of Land Registrar-General of Land 1975 No 138 s 25 Section 220(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 220(5) amended 12 November 2018 section 250 Land Transfer Act 2017
221: Charge on land
1: If at any time any money that is due and payable to the Crown in respect of any basic charge or water availability charge or of water supplied under this Part to or for the benefit of any land, whether or not such land is in Registrar-General of Land Registrar-General of Land
2: While a certificate is so registered, no transfer, conveyance, mortgage, lease, or other instrument affecting the land or any estate or interest therein, or any part of it, shall be registered or lodged with the Registrar-General of Land
3: In addition to all other powers and remedies conferred on the Crown by any Act, agreement, or instrument, the Crown shall, for the recovery of the money specified in any certificate registered under subsection (1) against the title of any land, have the same powers and remedies under the Land Transfer Act 2017 Property Law Act 2007
4: On the payment of all money for the time being secured by any certificate registered under subsection (1), the Minister shall without fee deposit with the Registrar-General of Land Registrar-General of Land 1975 No 138 s 26 Section 221(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 221(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 221(3) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 221(4) amended 12 November 2018 section 250 Land Transfer Act 2017
222: Application of this Part to existing schemes
1: If the Minister has, at any time within 5 years before the commencement of this Act, supplied water for irrigation of land under any former enactment relating to irrigation schemes, and it appears to the Minister that—
a: it is in the national interest; and
b: there is sufficient support for the proposal from the occupiers of the land affected— the Minister may decide that, in substitution for any existing provisions or arrangements applying thereto and subject to such modifications as are appropriate, including provisions for dealing with any existing assets and liabilities and their transfer to a district to be constituted under this Part, the provisions of this Part may be applied to that land or part of that land, and any additional land, as for a new scheme commencing with notification pursuant to section 202
2: The phasing in of a new scheme and the termination of the existing scheme or part of it shall not prevent the Minister from making or enforcing any charge, exercising any remedy, or recovering any debt due to the Crown, in respect of any scheme or part of a scheme so terminated.
3: Notwithstanding the repeal of the enactments set out in Schedule 8
4: A decision under subsection (1) is secondary legislation ( see Part 3 1975 No 138 s 27 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 222(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 222(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
223: Minister not bound to acquire land
1: The Minister may erect, construct, provide, maintain, repair, and use any work, other than headworks outside the irrigation district, authorised by this Part, or the provisions of any former enactment relating to irrigation, without being bound to acquire the land or any portion of the land used for the purposes of that work; and for any of those purposes the Minister or any person acting with his authority may enter at any reasonable time upon any such land.
2: If the Minister, acting under the authority of subsection (1) or under any other lawful authority, uses land for the purposes of any work described in the said subsection (1) without acquiring it, any compensation payable in respect of the use of the land shall be determined in accordance with section 60 1936 No 36 s 29
20: National and local works
224: Government and local authority may combine in works of both national and local importance
1: Notwithstanding anything to the contrary in any Act or rule of law, where, in the opinion of the Minister of Finance and any other Minister of the Crown, any undertaking, whether a public work within the meaning of this Act or not, is of both national and local importance, that Minister of the Crown and any local authority or local authorities may enter into and carry out such agreement for the acquisition, execution, control, and management of the undertaking as may to them seem most suited to the circumstances.
2: Any agreement entered into under this section may provide—
a: for a Minister
b: for the acquisition by the Minister of Lands on behalf of the Crown or by any local authority which is a party to the agreement of any land required for the undertaking:
c: for the management and control of the undertaking or any part of it to be vested in any party to the agreement:
d: for the maintenance of the undertaking, and for contributions by the parties to the agreement towards the costs of maintenance:
e: for the apportionment or allocation of the cost of the undertaking between the parties to the agreement:
f: for the payment by any party to the agreement of his or its share of the cost of the undertaking or the costs of its maintenance, either in one sum or by instalments spread over any period or by yearly or other payments as and when the costs are ascertained:
g: for the payment by any party to the agreement in respect of money payable by that party of interest at such rate as the Minister of Finance approves:
h: for the giving by any party to the agreement of security for the payment of any money payable by that party under the agreement:
i: for such other terms and conditions as may be mutually agreed upon and for such other matters as in the opinion of the Minister
j: for the assignment of the rights and obligations of any party to another party:
k: for any party to the agreement to issue any notice under section 187
3: Notwithstanding anything to the contrary in this Act, any land required for any undertaking in respect of which an agreement has been made under this section may be taken or acquired as for a public work under this Act either by the Minister or by any local authority which is a party to the agreement.
4: In any case to which this section applies, the respondent to any claim for compensation in respect of land taken or in respect of any damage which arises out of the undertaking, shall, if the land is vested in the Crown, be the Minister, and if the land is vested in a local authority, be the local authority.
5: Where the money to be paid by any local authority under any agreement entered into under this section is not all to be payable within the financial year in which the agreement is entered into, that money, or so much of it as consists of principal or the capital value of any instalments, shall be paid upon and subject to such terms and conditions as the Minister of Finance thinks fit.
6:
7: The Minister of Finance may, out of money appropriated by Parliament for the purpose of the undertaking, advance to any local authority the amount of any money required to be paid or expended by the local authority under any agreement entered into under this section.
8:
9:
10:
11:
12:
13:
14: If default is made by a local authority for more than 14 days in payment of any amount due by it under an agreement entered into under this section, the amount in respect of which default has been made, together with interest at the rate of 8% per annum or at such other rate as may be provided by the agreement, shall be recoverable as a debt due by the local authority in default to the Crown or, as the case may be, to the other local authority to which the amount should have been paid.
15: A certificate under the hand of the Controller and Auditor-General shall, until the contrary is proved, be sufficient evidence of the amount in respect of which default has been so made and of the date on which it was payable.
16: Without prejudice to the provisions of subsections (14) and (15), the Minister, for the purposes of recovering any amount due and payable by a local authority under any agreement entered into under this section, may appoint a receiver with power from time to time to make, levy, and collect a rate on all the rateable property in the whole or any specified part or parts of the district of the local authority in default, and for that purpose the receiver has all the powers of a receiver appointed under section 40B of the Receiverships Act 1993 sections 40B to 40D
17: Agreements may be made under this section in respect of any undertaking that has been completed or partially completed as well as in respect of any undertaking not commenced.
18: Kāinga Ora–Homes and Communities the New Zealand Transport Agency Kāinga Ora–Homes and Communities Agency
19: Notwithstanding anything to the contrary in this Act, any land taken, acquired, or used for any undertaking in respect of which an agreement has been made under this section may be transferred or leased to any party to the agreement, or sold or otherwise disposed of, and the proceeds thereof shared or distributed, in accordance with the provisions of the agreement.
20: For the purposes of any agreement under this section, any party to the agreement which is a requiring authority within the meaning of the Resource Management Act 1991 Part 8 1944 No 31 s 31 Section 224(1) substituted 1 April 1988 Public Works Amendment Act 1988 Section 224(2)﻿(a) amended 1 April 1988 Public Works Amendment Act 1988 Section 224(2)﻿(b) substituted 1 April 1988 Public Works Amendment Act 1988 Section 224(2)﻿(i) amended 1 April 1988 Public Works Amendment Act 1988 Section 224(6) repealed 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996 Section 224(8) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(9) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(10) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(11) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(12) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(13) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 224(16) substituted 1 July 2003 section 262 Local Government Act 2002 Section 224(18) substituted 1 April 1988 Public Works Amendment Act 1988 Section 224(18) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 224(18) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 224(20) amended 1 October 1991 section 362 Resource Management Act 1991
21: General provisions
225: Licences and authorities may be held by the Crown
It shall be lawful and shall be deemed to have always been lawful for the Crown to be granted or to acquire in any way and to hold, on the same terms and conditions as any of the Crown's subjects, any licence, permit, right, privilege, or authority which can be granted by the Crown or by any court or any public or local authority under any Act and which can be acquired or held by any of the Crown's subjects. 1948 No 39 s 34
225A: Inventions, etc, by employees
Section 225A repealed 1 April 1988 Public Works Amendment Act 1988
226: Shares in building-unit companies
1: In this section, building-unit company the Companies Act 1993
2: On behalf of the Crown the Minister of Lands
3: The Minister of Lands 1928 No 21 s 331A 1973 No 44 s 21 Section 226(1) substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 226(1) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 226(2) amended 1 April 1988 Public Works Amendment Act 1988 Section 226(3) amended 1 April 1988 Public Works Amendment Act 1988
227: Advances for purchase of plant and equipment
1: Any authority to expend public money on or in relation to a Government work shall include the power to make advances of money to any person for the purchase of any machinery, plant, appliance, or equipment which is necessary or desirable either for the better prosecution of that work or for the provision of necessary supplies for that work.
2: Any advance under this section may be made upon such security and subject to such conditions as the Minister in charge of the department for the time being having control of the work thinks fit.
3: That Minister may, for the purposes of this section, in the name and on behalf of the Crown, make and enforce such contracts and execute such instruments as he thinks fit. 1958 No 28 s 3
228: Authorising Government to construct public works outside New Zealand
Notwithstanding anything to the contrary in any Act, it shall be lawful and be deemed to have always been lawful for the Government of New Zealand to construct and maintain outside New Zealand any work for the benefit of New Zealand that would, if constructed and maintained in New Zealand, be a public work within the meaning of this Act. 1946 No 16 s 23
229: Improvement of farm land
1: The Minister of Agriculture
2: Where the full amount of the estimated cost of such work has not been paid to the Minister of Agriculture Statutory Land Charges Registration Act 1928
3: Except with the consent of the chief executive of the new Ministry registered owner
4: For the purposes of the Statutory Land Charges Registration Act 1928 the chief executive of the new Ministry 1939 No 39 s 61 Section 229(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 229(2) amended 1 April 1988 Public Works Amendment Act 1988 Section 229(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 229(3) amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 229(3) amended 1 April 1988 Public Works Amendment Act 1988 Section 229(4) amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 229(4) amended 1 April 1988 Public Works Amendment Act 1988
230: Minister
of Crown Any Minister of the Crown a registered auctioneer 1928 No 21 s 331 Section 230 heading amended 1 April 1988 Public Works Amendment Act 1988 Section 230 amended 18 December 2013 section 27 Auctioneers Act 2013 Section 230 amended 1 April 1988 Public Works Amendment Act 1988 Section 230 amended 1 April 1988 Public Works Amendment Act 1988
231: Money due by local authority may be deducted from money payable by Government
In all cases where under this Act, or any former Public Works Act, any money is authorised to be recovered from any local authority as a debt due to the Crown, the Minister of Finance may deduct the money or any portion of it from any subsidies or other money (if any) that may be payable by or on behalf of the Crown from time to time to the local authority under any law for the time being in force, but without prejudice to the right of any Minister of the Crown 1928 No 21 s 332 Section 231 amended 1 April 1988 Public Works Amendment Act 1988
232: Minister may execute instruments
Section 232 repealed 1 April 1988 Public Works Amendment Act 1988
233: Notice of entry to be given
Except as provided in section 234 a Minister of the Crown 1928 No 21 s 10(3) 1955 No 59 s 2 Section 233 amended 1 April 1988 Public Works Amendment Act 1988
234: Emergency entry on land
1: Where there is imminent danger to life or property or a likelihood of serious interference with or damage to any public work arising from any cause whatever and which requires immediate remedial measures, any Minister of the Crown
2: If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the occupier or, as the case may require, the owner of the land as soon thereafter as is practicable, and if the occupier or owner cannot be found, the notice shall be displayed in a prominent place on the land.
3: Where the work done under this section includes work that could have been done under section 133 any Minister of the Crown that Minister
4: No action or proceedings shall be brought against the Crown, any Minister of the Crown 1928 No 21 s 10(3) 1955 No 59 s 2 Section 234(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 234(3) amended 1 April 1988 Public Works Amendment Act 1988 Section 234(3) amended 1 April 1988 Public Works Amendment Act 1988 Section 234(4) amended 1 April 1988 Public Works Amendment Act 1988
235: Power to alter or divert rivers, etc, for safety or maintenance of public work
Section 235 repealed 1 October 1991 section 362 Resource Management Act 1991
236: Imposition of building and other restrictions on land held for Government work
1: Subject to subsection (2), the Minister having control of any land held for a Government work or Gazette
2: If any such land is occupied otherwise than by the Crown, no such restriction, prohibition, or requirement shall be imposed except with the consent of the occupier.
3: Any such restriction, prohibition, or requirement shall run with the land notwithstanding that the land may be subsequently disposed of by the Crown.
4: The Minister shall lodge a copy of every notice made under this section with the Registrar-General of Land
5: Any such restriction, prohibition, or requirement may at any time in the same manner be revoked or varied. Section 236(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 236(4) amended 12 November 2018 section 250 Land Transfer Act 2017
237: Excavations near public works
1: Except with the prior written consent of a Minister of the Crown
a: in the case of any pole supporting any electric line or telecommunications installation, excavate or otherwise interfere with any land—
i: within 2 metres of the pole; or
ii: at a greater depth than 750 millimetres between 2 metres and 5 metres of the pole:
b: in the case of any tower or pylon supporting any electric line or telecommunications installation, or supporting any aerial ropeway, excavate or otherwise interfere with any land—
i: within 6 metres of the outer edge of the visible foundations of the tower or pylon; or
ii: at a greater depth than 3 metres between 6 metres and 12 metres of such outer edge:
c: in the case of any other public work, excavate or otherwise interfere with any land in the vicinity of the work if the excavation or interference is likely to produce, directly or indirectly, a subsidence on to that work or a subsidence of that work or of the soil under it.
2: Nothing in subsection (1) shall apply in respect of normal agricultural cultivation or the repair, sealing, or resealing, of the existing surface of any road.
3: Every person who wilfully contravenes or wilfully fails to comply with the provisions of subsection (1) commits an offence against this Act.
4: Every person who contravenes or fails to comply with the provisions of subsection (1) shall be civilly liable for all damage to the public work arising from the contravention or non-compliance, whether or not he has been prosecuted under subsection (3). 1928 No 21 s 336A 1973 No 44 s 22 Section 237(1) amended 1 April 1988 Public Works Amendment Act 1988
238: Controlling authority may bring action for damage to public work
In any case where any authority (including the Crown or any Minister of the Crown or any public or local authority) has control of any public work but the ownership of that work is not vested in that authority, proceedings for the recovery of damages in respect of the removal or destruction of the work, or in respect of any injury or damage to it, may be taken by that authority as if it were the owner of the work; but damages in respect of the removal or destruction of the work, or of any injury or damage to it, shall not be recovered by both that authority and the owner of the work. 1952 No 58 s 15
239: Removal and disposal of abandoned property from public works land
1: Any person authorised in that behalf by a Minister of the Crown
2: Unless within 10 working days after the date on which any property is removed pursuant to subsection (1), the owner or some other person on his behalf takes away the property from the place to which it was so removed, and pays to the Minister or to the local authority, as the case may be, the cost of removing it pursuant to subsection (1)—
a: if the property—
i: is not a motor vehicle; or
ii: is a motor vehicle and has no registration plate affixed to it or is unregistered; or
iii: is a motor vehicle and no licence to use it issued for the current licensing year is affixed to it— the Minister or the local authority, as the case may be, may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the land held for the public work is situated, of his or its intention to sell or destroy the property, but if the Minister or the local authority is satisfied that the condition of the property is such that it is of little or no value, he or it may dispense with the giving of such notice:
b: if the property is a motor vehicle to which is affixed a licence to use the vehicle for the current licensing year, the Minister or the local authority may give not less than 10 working days' notice to the person last registered under Part 17
3: The Minister or the local authority, or any other person, shall not be liable for any loss or damage occasioned by or following upon the removal of the property pursuant to subsection (1).
4: Unless, before the expiry of the notice given under subsection (2), the owner of the property—
a: pays to the Minister or the local authority the cost of removing the property pursuant to subsection (1), and the cost of the said advertisements; and
b: takes away the property from the place to which it was removed— the Minister or the local authority, at any time after the expiry of the notice, may sell the property to any person, who shall thereupon become the lawful owner of it, or the Minister or local authority may cause the property to be destroyed, and in neither case shall any liability attach to the Minister or to the local authority or to any other person for any loss or damage occasioned thereby.
5: The proceeds of the sale of any property sold in accordance with this section shall be paid into a Crown Bank Account
6: For the purposes of this section, a vehicle shall be deemed to have been abandoned if it is left unused for a period of more than 1 month without the approval of the Minister or local authority, as the case may be.
7: For the purposes of this section, vehicle
8: In this section, expressions defined in the Land Transport Act 1998 Section 239(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 239(2)﻿(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 239(5) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 239(8) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009
240: Recovery of land from persons holding illegal possession
1: Where any person is in occupation of any land held for, or to be taken, purchased, or acquired for, any public work, without any right, title, or licence, or whose right, title, or licence has expired or been forfeited, cancelled, or extinguished, the Minister of Lands
2: If, on the hearing of any such action,—
a: the defendant does not appear; or
b: it is shown to the satisfaction of the court that the title under which the defendant claims has, as between himself and the Crown or the local authority, as the case may be, expired or become liable to forfeiture or cancellation— the court shall declare such title to be extinguished, and may order that possession of the land be given by the defendant to the plaintiff, either forthwith or on or before such day as the court thinks fit to name; and that the defendant pay damages for use and occupation and the costs of the action.
3: If delivery of the land is not made pursuant to such order the court may issue a warrant authorising and requiring the bailiff of the court or any constable
4: The provisions of sections 194 to 199 1928 No 21 s 334 Section 240(1) amended 1 April 1988 Public Works Amendment Act 1988 Section 240(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 240(4) amended 1 March 2017 section 261 District Court Act 2016
241: Obstructing employees
Every person who wilfully obstructs any engineer, overseer, employee, or other person in the performance of any duty, or in doing any work he has lawful authority to do, under this Act, commits an offence against this Act. 1928 No 21 s 335
242: Offences and penalties
1: Every person commits an offence against this Act who acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations or bylaws for the time being in force under this Act.
2: Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on Section 242(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
243: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: classifying traffic and motorways, and permitting and regulating, or prohibiting, the use of motorways by any class or classes of traffic:
b:
c: generally providing for the control, protection, and proper use of motorways:
d:
e: prescribing the fees payable by any government department, local authority, or any other body corporate or person in respect of—
i: preparing, checking, processing and, where applicable, gazetting any document:
ii: any other regulatory activity that any department of State is authorised to undertake under this Act:
iii:
f: prescribing the fees payable for the granting of any lease, licence, permit, or other authority under this Act or under any regulations in force under this Act
g: prescribing rates of interest to be paid under any provision of this Act:
h: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations made under this Act may be made so as to apply generally throughout New Zealand or within any specified part or parts of New Zealand, or within the whole of New Zealand except such part or parts as may be specified in the regulations, and may be made so as to apply to all motorways or to any class or classes of motorways or to any motorway or part of it, and may provide for the exemption of any class or classes of motorways or of any motorway or part of it.
3: Regulations under this section are secondary legislation ( see Part 3 1947 No 46 s 12 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 243(1)﻿(b) repealed 16 December 1983 Public Works Amendment Act 1983 Section 243(1)﻿(d) repealed 16 December 1983 Public Works Amendment Act 1983 Section 243(1)﻿(e) substituted 31 March 1987 Public Works Amendment Act (No 2) 1987 Section 243(1)﻿(e)﻿(ii) substituted 1 April 1988 Public Works Amendment Act 1988 Section 243(1)﻿(e)﻿(iii) repealed 1 April 1988 Public Works Amendment Act 1988 Section 243(1)﻿(f) amended 16 December 1983 Public Works Amendment Act 1983 Section 243(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
244: Amendments to Town and Country Planning Act 1977
(1), (2): Amendment(s) incorporated in the Act(s)
3:
4:
5:
(6)–(9): Amendment(s) incorporated in the Act(s) Section 244(3) repealed 16 December 1983 Town and Country Planning Amendment Act 1983 Section 244(4) repealed 16 December 1983 Town and Country Planning Amendment Act 1983 Section 244(5) repealed 16 December 1983 Town and Country Planning Amendment Act 1983
245: Requirements for certain public works to be removed
Section 245 repealed 16 December 1983 Town and Country Planning Amendment Act 1983
246: Requirements and designations for certain public works to be removed
Section 246 repealed 16 December 1983 Town and Country Planning Amendment Act 1983
247: Amendments to other Acts
1:
2:
3:
4: Amendment(s) incorporated in the Act(s) Section 247(1) repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989 Section 247(2) repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989 Section 247(3) repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989
248: Repeals, revocation, and savings
1: The enactments specified in Schedule 8
2: The Order in Council fixing a day upon which section 36 Gazette
3: Notwithstanding the repeal of any enactment by this section, the powers and duties conferred on the Maori Trustee by section 104 of the Public Works Act 1928 (as substituted by section 6 of the Public Works Amendment Act 1962 and amended by section 2 of the Public Works Amendment Act 1964) shall, in respect of land taken for the purposes of a public work before 1 January 1975, continue and be exercised as if the said section 104 had not been repealed by section 12(8)
4: Notwithstanding the repeal of any enactment by this section or by section 15(2) of the Public Works Amendment Act 1973, every railway the construction of which has been authorised or deemed to have been authorised under any such enactment or by any enactment continued in force by any such enactment shall be deemed to have been authorised to be constructed under section 164
5: Despite the repeal of the Southland Electricity Act 1993 section 3(1) section 20 sections 40 to 42 1928 No 21 s 346 1973 No 44 s 15 1974 No 144 s 12(9) Section 248(5) inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
249: Transitional provision
Section 249 repealed 19 April 2017 section 197 Resource Legislation Amendment Act 2017