Public Works Act 1981

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Version as at 12 April 2022

Public Works Act 1981

Public Act		1981 No 35
Date of assent		3 October 1981
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries (Part 19) and Land Information New Zealand.

	Title
1	Short Title and commencement
	Preliminary
2	Interpretation
2A	Transitional, savings, and related provisions
3	Power to declare specific public work to be essential work [Repealed]
4	Service and content of notices
4A	Powers of Minister of Lands
4B	Execution of contracts for public works, etc
4C	Delegation of Minister’s powers
	Part 1 Establishment and functions of Ministry of Works and Development [Repealed]
5	Ministry of Works and Development [Repealed]
6	Functions of Ministry [Repealed]
7	Powers of Minister [Repealed]
8	Other powers and functions not affected [Repealed]
9	Execution of contracts for Government works, etc [Repealed]
10	Annual report [Repealed]
11	Committees [Repealed]
12	Commissioner of Works and Assistant Commissioners of Works [Repealed]
13	Other officers and employees of Ministry [Repealed]
14	Delegation of Minister’s powers [Repealed]
15	Delegation of powers by Commissioner of Works [Repealed]
	Part 2 Acquisition of land for public works
15A	Interpretation
16	Empowering acquisition of land
	Acquisition by agreement
17	Acquisition by agreement
18	Prior negotiations required for acquisition of land for essential works
19	Compensation certificate may be registered to protect agreement
20	Declaration may give effect to agreement
21	Land may be purchased or improved for granting as compensation
	Compulsory acquisition of land
22	Only land required for essential works may be compulsorily taken [Repealed]
23	Notice of intention to take land
24	Objection to be heard by Environment Court
25	Environment Judge may conduct inquiry alone by agreement
26	When Proclamation may issue
27	Natural material on land may be acquired or taken for public work
	Land required under Infrastructure Funding and Financing Act 2020
27A	Transfer of land taken for construction of eligible infrastructure
	Extending estates in land that may be acquired or taken
28	Particular estates in land may be acquired or taken
29	Acquisition of certain public land
30	Subsisting licence may be acquired or taken for public work
31	Surface, subsoil, or air space may be acquired separately
	Miscellaneous provisions
32	Survey and plan not required in certain cases
33	Protective fences to be made before boundary fences removed
34	Owner may require severed land to be taken
35	Acquisition or taking of land not to operate as merger of interests
	Defining middle line of road or railway
36	Procedures for defining middle line [Repealed]
36A	Transitional procedures for defining middle line
37	Land affected by middle line notice may be taken by Proclamation [Repealed]
38	Middle line notice to lapse after certain period [Repealed]
39	Registration of middle line notice may be cancelled [Repealed]
	Part 3 Dealing with land held for public works
39A	Interpretation
40	Disposal to former owner of land not required for public work
41	Disposal of former Maori land when no longer required
42	Disposal in other cases of land not required for public work
42A	Solatium payment for loss of opportunity to purchase
42B	Notice of right to apply for solatium payment
43	Land may be sold on deferred payments
44	Application of purchase money
45	Land held for public work may be leased, etc
46	Sale and removal of timber and coal from land held for public work
47	Issue of record of title to land held for public work
48	Easement may be granted over land held for public work
49	Dealing with strata
50	Transfer of existing public works
51	Prohibiting acquisition of rights by adverse user of land held for public work
52	Setting apart Crown land, public reserve, etc, for public work
	Part 4 Gazetting, revocation, amendment, and registration of documents
52A	Interpretation
53	Proclamations and declarations not to take effect until gazetted
54	Revocation of Proclamation or declaration taking land
55	Amending or revoking documents
56	Minor misdescription not to invalidate documents
57	Plan and Proclamation or declaration to be registered
58	Proclamation or declaration not registrable to be lodged with Chief Surveyor
	Part 5 Compensation
	Preliminary
59	Interpretation
	Entitlement
60	Basic entitlement to compensation
61	Exceptions to right to compensation
62	Assessment of compensation
63	Compensation for injurious affection where no land taken
64	Compensation for injurious affection to be assessed by reference to whole work
65	Compensation for land for which no general demand exists
66	Disturbance payments
67	Compensation for loss on repayment of mortgage
68	Compensation for business loss
69	Offer of compensation when entry made
70	Offer of compensation when land taken
71	Claimant’s acts making execution of work more costly
	Additional compensation
72	Additional compensation for acquisition of notified dwelling
72A	Amount of compensation to be paid under section 72
72B	Definitions of terms used in sections 72C and 72D
72C	Additional compensation for acquisition of notified land
72D	Circumstances in which compensation must not be paid under section 72C
72E	Adjustment of compensation payable under section 72 or 72C
73	Assistance to purchase dwelling
74	Assistance to purchase farm, commercial, or industrial property
75	Compensation for tenants of residential and business premises
76	Refund of expenses where acquisition of land abandoned
	The claim
77	By whom compensation may be claimed
78	Limitation of time for claiming compensation
79	Minister or local authority may take proceedings to determine compensation if person entitled fails to make claim
80	Accelerating hearing of compensation claims
81	Public Trust may be ordered to represent infants, absentee owners, etc
82	Particulars to be inserted in claim
83	Serving of claims
84	Filing claims in District Court
85	Tribunal may require claimant or respondent to state particulars
86	Third party notice
87	Amendment of claim
	The award
88	Award to be in writing
89	Separate sums to be awarded for items of claim
90	Costs in claims for compensation
91	Costs may be deducted from compensation awarded
92	Costs in claims beyond jurisdiction of Land Valuation Tribunal
93	Costs in claims withdrawn or abandoned
94	Interest on compensation money
95	Finality of award and enforcement
96	When title doubtful compensation, etc, to be paid to Public Trust
97	Compensation in case of limited interests, etc
98	Public Trust may invest compensation money
99	Mortgaged land
100	Land subject to rent charge
101	Land on which rent payable
102	Funds from which compensation to be paid
	Part 6 Grants of land, etc, in lieu of compensation
103	Minister or local authority may grant easements, etc, in lieu of compensation
104	Tribunal may award easements as compensation
105	Granting of land as compensation where equivalent land not readily available
106	Granting of land as compensation in other cases
107	Provisions relating to grants of land in exchange
107A	Grant of lease or licence as compensation
108	Execution of certificates
109	Execution of certificates on behalf of local authority
	Part 7 Surveys and investigations
109A	Interpretation
110	Powers of entry for certain survey purposes
111	Powers of entry for other survey and investigation purposes
111A	Powers of entry for survey and investigation purposes other than by Minister or local authority
112	Offence to destroy survey marks
	Part 8 Legalisation, stopping, and exchanging of roads
113	Interpretation
114	Declaring land to be road
115	Certificate of consent may be registered
116	Stopping roads
117	Dealing with stopped roads
118	Application of other Acts to stopped roads
119	Taking severances
120	Registration
	Part 9 Roads
121	Interpretation [Repealed]
122	Certain roads vested in Crown [Repealed]
123	Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line [Repealed]
124	Minister may make roads and declare Government or district roads [Repealed]
125	Roads in areas where no territorial authority exists, etc [Repealed]
126	Powers of Minister over roads under his control [Repealed]
127	Powers of Minister in regard to swing gates and cattlestops on roads [Repealed]
	Damage to and nuisances on roads
128	Owner or occupier of land not to cause damage to bridge by removal of stone, etc [Repealed]
129	Penalties for damage to roads, bridges, etc [Repealed]
130	Notice to be given of local authority works [Repealed]
131	Poles, etc, on roads to be adjacent to boundaries [Repealed]
132	Removal of roadside structures [Repealed]
133	Removal of trees, hedges, etc, that obscure visibility or interfere with a public work
134	Service of notice
135	Emergency work on trees, etc
	Part 10 Access ways and service lanes [Repealed]
136	Minister may construct access ways and service lanes [Repealed]
137	Control and management may be vested in Council [Repealed]
	Part 11 Motorways [Repealed]
137A	Interpretation [Repealed]
138	Governor-General may authorise and declare motorways [Repealed]
139	Middle line procedures [Repealed]
140	Power to make motorways [Repealed]
141	Land may be temporarily occupied [Repealed]
142	Compensation where road interfered with or wholly closed [Repealed]
143	Access to land cut off from road or separated by motorway [Repealed]
144	Alterations to roads, drains, etc [Repealed]
145	Restrictions on poles, etc, on motorways [Repealed]
146	Availability for traffic [Repealed]
147	Maintenance and control of motorways [Repealed]
148	Restrictions on use of motorways [Repealed]
148A	Vehicles which may be operated on motorways [Repealed]
148B	Restrictions on access to motorways [Repealed]
149	Construction of buildings and facilities on, over, under, or adjacent to motorways [Repealed]
150	Motorway deemed to be road [Repealed]
151	Application of Impounding Act 1955 [Repealed]
152	Offences [Repealed]
	Part 12 Limited access roads [Repealed]
152A	Interpretation [Repealed]
153	Creation and revocation of limited access roads [Repealed]
154	Provisions of Acts relating to roads to apply to limited access roads [Repealed]
155	Access to and from land [Repealed]
156	Authorisation of crossing places [Repealed]
157	Restricting movement to or from a limited access road [Repealed]
158	Limited access road not a road for certain purposes [Repealed]
159	Requirements relating to declaration of limited access road [Repealed]
160	Certificate of land affected to be forwarded to District Land Registrar [Repealed]
161	Administration of limited access roads [Repealed]
162	Offences [Repealed]
163	Compensation [Repealed]
	Part 13 Railways
163A	Interpretation
164	Railways to be authorised by Order in Council [Repealed]
165	Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc
166	Power to make railways, railway stations, etc
167	Rights of way where railway along or across road on level [Repealed]
168	Compensation where road interfered with or wholly closed
169	Access to land cut off from road or separated by railway
170	Alterations to roads, drains, etc
171	Agreement as to use of railway bridge for combined traffic [Repealed]
172	Right of way on joint railway and common bridges [Repealed]
173	Land may be temporarily occupied
174	Application of Impounding Act 1955
	Part 14 Railways and tramways regulation and inspection
	New Zealand Railways Corporation railways
175	Inspection of railways
	Local railways and tramways
176	Interpretation
177	General Manager to be appointed for every local railway
178	Appointment of Inspector
179	Notice of intended opening
180	Minister may postpone opening or working of local railway
181	Notice to Minister of accidents
182	Inquiry as to accidents
183	Returns of accidents
	Part 15 Defence works
184	Crown may construct defence works
185	Destroying or altering defence works
	Part 16 Protection of public works (including aerodromes) [Repealed]
185A	Interpretation [Repealed]
186	This Part not to derogate from Town and Country Planning Act 1977 [Repealed]
187	Control of use of land in vicinity of essential works [Repealed]
187A	Control of use of land transferred to State enterprises [Repealed]
188	Removal of trees, buildings, etc, interfering with use of aerodrome [Repealed]
189	Minister may direct local authority or airport authority to serve notice under this Part and in default may serve notice on its behalf [Repealed]
	Part 17 Artificial lakes and secondary use of public works land
	Artificial lakes
189A	Interpretation
190	Regulations as to use of lake formed by construction of Government work
	Secondary use
191	Secondary use of land held for public work
192	Compensation under this Part
193	Revenue and expenditure under this Part
	Part 18 Government drains [Repealed]
194	Minister to have powers of territorial authority [Repealed]
195	Government drains [Repealed]
	Part 19 Irrigation
195A	Application of Part 19 of Public Works Act 1981
196	Interpretation
197	Minister may construct and maintain water supply works
198	Minister may appoint territorial authority or catchment board as his agent
199	Minister may supply water to any person from water supply works
200	Notification of investigation of proposed irrigation scheme
201	Report of National Authority on proposed irrigation scheme [Repealed]
202	Notification of proposed irrigation scheme
203	Poll for proposed irrigation scheme
204	Preparation of rolls
205	Voting
206	Publication of proposal to take a poll
207	When and how poll to be taken
208	Constitution of district, etc
208A	Reduction in size and abolition of irrigation district
209	Basic charge
210	Adjustment of basic charge [Repealed]
211	Water availability charge
212	Adjustment of water availability charge [Repealed]
212A	Alternative to basic and water availability charges
213	Determination of interest
214	Liability of occupier for annual charge
215	Determination of irrigable area
216	Water availability agreements
217	Supply of water
218	Diminished supply
219	Penalty for late payment
220	Irrigation notice
221	Charge on land
222	Application of this Part to existing schemes
223	Minister not bound to acquire land
	Part 20 National and local works
224	Government and local authority may combine in works of both national and local importance
	Part 21 General provisions
225	Licences and authorities may be held by the Crown
225A	Inventions, etc, by employees [Repealed]
226	Shares in building-unit companies
227	Advances for purchase of plant and equipment
228	Authorising Government to construct public works outside New Zealand
229	Improvement of farm land
230	Minister of Crown may appoint person to sell stores, etc, by auction
231	Money due by local authority may be deducted from money payable by Government
232	Minister may execute instruments [Repealed]
233	Notice of entry to be given
234	Emergency entry on land
235	Power to alter or divert rivers, etc, for safety or maintenance of public work [Repealed]
236	Imposition of building and other restrictions on land held for Government work
237	Excavations near public works
238	Controlling authority may bring action for damage to public work
239	Removal and disposal of abandoned property from public works land
240	Recovery of land from persons holding illegal possession
241	Obstructing employees
242	Offences and penalties
243	Regulations
244	Amendments to Town and Country Planning Act 1977
245	Requirements for certain public works to be removed [Repealed]
246	Requirements and designations for certain public works to be removed [Repealed]
247	Amendments to other Acts
248	Repeals, revocation, and savings
249	Transitional provision [Repealed]
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Notice of intention to take land for [description of public work] in [name of district]
	Schedule 2 Statutory declaration
	Schedule 3
	Schedule 4 Notice requiring claim to be heard by Land Valuation Tribunal
	Schedule 5 Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 105 or section 106 of that Act
	Schedule 6 Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 106 of that Act [Repealed]
	Schedule 7 Act administered by Ministry of Works and Development [Repealed]
	Schedule 8 Enactments repealed
	Notes

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