| Title | |
1 | Short Title and commencement | |
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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3 | Power to declare specific public work to be essential work [Repealed] | |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 | |
| [Repealed] | |
5 | Ministry of Works and Development [Repealed] | |
6 | Functions of Ministry [Repealed] | |
7 | Powers of Minister [Repealed] | |
8 | Other powers and functions not affected [Repealed] | |
9 | Execution of contracts for Government works, etc [Repealed] | |
10 | Annual report [Repealed] | |
11 | Committees [Repealed] | |
12 | Commissioner of Works and Assistant Commissioners of Works [Repealed] | |
13 | Other officers and employees of Ministry [Repealed] | |
14 | Delegation of Minister’s powers [Repealed] | |
15 | Delegation of powers by Commissioner of Works [Repealed] | |
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15A | Interpretation | |
16 | Empowering acquisition of land | |
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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 | |
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22 | Only land required for essential works may be compulsorily taken [Repealed] | |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 | |
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27A | Transfer of land taken for construction of eligible infrastructure | |
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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 | |
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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 | |
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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] | |
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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 | |
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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 | |
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59 | Interpretation | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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 | |
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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] | |
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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 | |
| [Repealed] | |
136 | Minister may construct access ways and service lanes [Repealed] | |
137 | Control and management may be vested in Council [Repealed] | |
| [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] | |
| [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] | |
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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 | |
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175 | Inspection of railways | |
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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 | |
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184 | Crown may construct defence works | |
185 | Destroying or altering defence works | |
| [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] | |
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189A | Interpretation | |
190 | Regulations as to use of lake formed by construction of Government work | |
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191 | Secondary use of land held for public work | |
192 | Compensation under this Part | |
193 | Revenue and expenditure under this Part | |
| [Repealed] | |
194 | Minister to have powers of territorial authority [Repealed] | |
195 | Government drains [Repealed] | |
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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 | |
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224 | Government and local authority may combine in works of both national and local importance | |
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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] | |
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| [Repealed] | |
| [Repealed] | |
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| Notes | |