Public Works Act 1981

If you need more information about this Act, please contact the administering agency: Land Information New Zealand and Ministry for Primary Industries
66 Disturbance payments

(1)

Subject to subsection (2), the owner of any land taken or acquired under this Act for a public work shall be entitled to recover compensation for any disturbance to his land and in particular to recover, where appropriate,—

(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)
[Repealed]

(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, on 31 March 1987, by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 66(1)(a)(i): repealed, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).