In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

The Minister is hereby empowered to acquire under this Act any land required for a Government work.

Every local authority is hereby empowered to acquire under this Act any land required for a local work for which it has financial responsibility.

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.

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.

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 or by a transfer instrument under the Land Transfer Act 2017 for the stated public work.

If the land sought is—

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.

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.

Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to so represent the owner for the purposes of this section and may execute any transfer or conveyance.

Any agreement to sell the land to the Crown or to a local authority under this section may—

Where any land is required for any public work the Minister or local authority, as the case may be, shall, before proceeding to take the land under this Act—

If, after a period of 3 months,—

the Minister or local authority may, within 1 year after notifying the owner under subsection (1), proceed to take the land under this Act.

Any notice under subsection (1)—

Where any notice under subsection (1)—

the Minister or local authority, as the case may require, shall give notice to that effect to the Registrar-General of Land who shall register it, without fee, against the title to the land.

If the land required is—

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 of Te Ture Whenua Maori Act 1993. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.

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.

Where—

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.

Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to represent the owner for the purposes of this section.

Where the Minister or any local authority has entered into an agreement under section 17, or entered into an agreement for the payment of compensation under this or any other Act for damaging or injuriously affecting any land, or for the temporary occupation of any land, or for any condition or restriction to be applied in respect of any land, the Minister or local authority may forward a compensation certificate in accordance with this section to the Registrar-General of Land who shall, without fee, register it against the record of title to all land affected by it.

Every compensation certificate under this section shall set out—

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, and the part is not accurately defined in the agreement, a compensation certificate in respect of the agreement may be registered against the whole of the land in the record of title, and it shall not be necessary for the purpose of registering the compensation certificate to define accurately the land affected by the agreement.

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 to satisfy himself of the identity of the land intended to be affected.

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.

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.

Where the Minister or local authority is satisfied—

the Minister or local authority shall notify the Registrar-General of Land to that effect who shall, without fee, note that the compensation certificate is discharged against the title to the land.

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 of the local authority.

Where under this or any other Act, power is given to acquire land under this Act, the Minister, upon being satisfied—

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.

Every declaration issued under subsection (1) shall have the effect of and be deemed to be a Proclamation under section 26, and the provisions of this or any other Act relating to Proclamations shall apply to any such declaration as if it were a Proclamation issued under that section, except that it shall not be necessary to publicly notify the declaration.

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.

Any land purchased and transferred or surrendered under this section shall be deemed to be land acquired under the authority of this Act.

Any notifying authority, as defined in section 59, may acquire any land under section 17 and develop and construct buildings on such land or on any other land owned by the notifying authority for the purpose of granting the land or any part of it in payment or satisfaction or in part payment or part satisfaction of the compensation payable to the person entitled for any land taken, purchased, or acquired for or in connection with a public work.

When land (other than land owned by the Crown) is required to be taken for any public work, the Minister in the case of a Government work, and the local authority in the case of a local work, shall—

If the land to be taken is within a project area under the Urban Development Act 2020, the Minister or local authority must not do anything described in subsection (1) without the consent of the responsible Minister within the meaning of section 9 of that Act.

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, but instead the plan shall be endorsed with the advice that the names of the owners may be obtained at the appropriate Maori Land Court.

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.

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 in accordance with the provisions of the notice.

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 of the notice, cease to have effect unless, on or before the expiration of that year,—

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.

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.

A copy of the notice under subsection (1)(b) shall be lodged with the Registrar-General of Land and he shall register it without fee against the record of title affected.

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 who shall register it without fee against the title to the land.

No power in this section may be used to take protected Māori land for the purposes of a local SPV work.

On receiving a written objection under section 23, the Environment Court shall, as soon as practicable, send a copy of the objection to the Minister or local authority, as the case may require.

Within 1 month after receiving a copy of the objection or within such further period as the Environment Court may allow, the Minister or local authority, as the case may require, shall send to the Environment Court and serve on the objector a reply to the objection containing the following information:

The Environment Court shall inquire into the objection and the intended taking and for that purpose shall conduct a hearing at such time and place as it may appoint.

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.

Every such hearing shall be held in public unless the objector gives written notice to the Environment Court before the date of the hearing that he requires the hearing to be held in private.

At every such hearing the Minister or the local authority may be represented by counsel or by an officer of the Minister’s department or local authority, as the case may require, and the objector may appear and act personally or by counsel or any duly authorised representative.

The Environment Court may, whether or not the parties consent,—

The Environment Court shall—

At the same time as the Environment Court submits its report and findings to the Minister or local authority, it shall send a copy of the report and findings to the objector, and make copies of them available to the public.

The report and findings of the Environment Court shall be binding on the Minister or, as the case may be, the local authority.

Any objection filed under section 23 may be withdrawn by the objector at any time before the court makes its report and findings under this section.

Where the objection is withdrawn by the objector pursuant to subsection (11), the court shall not be obliged to make a report and findings under this section.

The Environment Court may award such costs as it considers just either in favour of or against the objector, the Crown, or the local authority.

Subject to sections 299 and 308 of the Resource Management Act 1991, no appeal shall lie from any report or recommendation of the Environment Court under this section.

An Environment Judge or alternate Environment Judge, sitting alone or with any other member of the court shall, if both the Minister or local authority and the objector agree, have jurisdiction to conduct the inquiry under section 24 and to report on the inquiry and make recommendations in respect of it.

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, and the Minister or, as the case may be, the local authority, is of the opinion that the land should be taken for the public work specified in the notice given under section 23, and that no private injury will be done for which due compensation is not provided in this Act, the land intended to be taken may be taken in the following manner:

The Governor-General may, if he thinks fit, by Proclamation declare that the land described in it is taken for the public work. Every such Proclamation shall be gazetted and publicly notified within 1 month after the date of its making; and every such public notification shall contain some readily identifiable description of the land taken, but a Proclamation shall not be invalidated by any error, defect, or delay in its gazetting or public notification.

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 work named in the Proclamation on the 14th day after the day on which the Proclamation is published in the Gazette.

In this section, natural material includes gravel, stone, clay, soil, sand, pumice, and limestone, or other similar material.

Subject to subsection (3), where any work has been authorised to be carried out and any natural material is required in the construction or maintenance of the work, the Crown or the local authority by its employees, agents, or contractors may, subject to the conditions set out in this section,—

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.

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.

Before entering on land under subsection (2), a Minister of the Crown or some officer acting on his behalf or the local authority, as the case may be, shall (except in the case of any earthquake, flood, landslide, or other emergency requiring immediate repair to or reconstruction of the work) give to the owner and the occupier of the land not less than 10 working days’ notice in writing of the intention to enter and shall include in the notice—

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.

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.

Nothing in this section shall derogate from the provisions of Part 3 of the Resource Management Act 1991.

This section applies to land acquired under this Part by a local authority—

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.

Sections 40 to 42A do not apply to—

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.

The power conferred by this or any other Act to acquire or take land for a public work shall include the power—

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,—

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.

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.

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.

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.

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.

For the purposes of sections 20, 23, 26, 36, 37, 52, and 107—

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—

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 work for the purposes of this section any other part of the holding where by reason of the taking that other part would become significantly—

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 for a determination of the matter. The decision of the Environment Court shall be final and binding on both parties.

The Minister or local authority may subdivide, develop, provide access to, set apart, or dispose of any land taken under this section.

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 and the merger is so noted.

Where a notice has been issued in the Gazette defining the middle line of a road or railway line under sections 36 to 39, that notice shall continue to have effect until its expiry or until the fifth anniversary of the date of commencement of the Resource Management Act 1991, whichever date first occurs, as if sections 36 to 39 had not been repealed.

In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

Where any land held under this or any other Act or in any other manner for any public work—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall endeavour to sell the land in accordance with subsection (2), if that subsection is applicable to that land.

Except as provided in subsection (4), the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, unless—

shall offer to sell the land by private contract to the person from whom it was acquired or to the successor of that person—

If the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority and the offeree are unable to agree on a price following an offer made under subsection (2), the parties may agree that the price be determined by the Land Valuation Tribunal.

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.

Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority believes on reasonable grounds that, because of the size, shape, or situation of the land he or it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties.

For the purposes of this section, the term successor, in relation to any person, means the person who would have been entitled to the land under the will or intestacy of that person had he owned the land at the date of his death; and, in any case where part of a person’s land was acquired or taken, includes the successor in title of that person.

Notwithstanding anything in sections 40 and 42, where any land to which section 40(2) applies was, immediately before its taking or acquisition,—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall—

This section is subject to subpart 5 of Part 5 of the Urban Development Act 2020 (transfer or disposal of former Māori land).

Where—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority may—

The chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority shall ensure that public notice is given of every public auction or invitation for public tenders or applications under this section, and that written notice of it is served on the person from whom the land was acquired if he can be readily ascertained, and on every owner of land adjoining the land proposed to be sold, not later than 20 working days before the date fixed for the auction or for the closing of tenders or applications, as the case may be.

Subject to section 40(2), where any land held for a Government work—

the Minister, without complying with any other requirements of this section, may by notice in the Gazette declare the land to be Crown land subject to the Land Act 1948, and thereupon, or from such later date as may be specified in that behalf in the notice, the land shall vest in the Crown as Crown land subject to that Act, and may be administered and disposed of under that Act.

Except in any case to which section 40(2) applies, where the Crown holds an interest in any land of the type referred to in subsection (3), and that interest is not a fee simple one in severalty, the Minister, without complying with any other requirements of this section, may—

Where any such interest is declared to be under the control and management of the department within the meaning of the Survey Act 1986 it may thereupon—

Any land disposed of under section 40 or under this section may be transferred by a transfer instrument under the Land Transfer Act 2017. Any such transfer instrument may contain a recital that the land being transferred shall be amalgamated with any other land in an existing record of title; and that recital shall be sufficient authority to the Registrar-General of Land to amend such record of title accordingly, without fee. On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the record of title.

Within 1 month after the registration of the transfer instrument, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee.

Where—

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) of the Treaty of Waitangi Act 1975 or the effect of the Act of Parliament by which the land was returned to Maori ownership, have received in respect of that land in the normal course of events an offer under section 40 or section 41 may, at the time at which the offer would have been made, apply to the Land Valuation Tribunal for a solatium payment from the Crown for the loss of the opportunity to purchase the land.

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.

Subject to subsection (4), the Land Valuation Tribunal shall, in assessing the amount of any solatium payment payable under this section, take into account—

No solatium payment payable under this section in respect of the loss of the opportunity to purchase any land shall exceed $20,000.

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 or a mixed ownership model company (within the meaning of section 45P of the Public Finance Act 1989) that any land held by that State enterprise or mixed ownership model company for a public work is no longer required for a public work, that chief executive shall ascertain—

Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 ascertains, under subsection (1), that any person is, in the opinion of that chief executive, entitled to apply to the Land Valuation Tribunal under section 42A for a solatium payment in respect of the loss of the opportunity to purchase that land, that chief executive shall advise that person in writing of that person’s entitlement.

Any land held for a public work and proposed to be sold pursuant to section 40 or section 42 may be sold on deferred payments extending over such period and on such terms and conditions, including a deposit, as the Minister or the local authority, as the case may be, may determine.

The purchase money or instalments of purchase money of land sold under section 40, section 42, or section 43 shall—

as the case may require.

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.

All rents and profits derived from land under this section shall—

as the case may require.

The Minister or local authority may at any time accept the surrender of any lease, tenancy, or licence to occupy granted under this section.

The Minister may, by notice in the Gazette, authorise the sale and removal of timber or coal on or under any land vested in the Crown for a public work.

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.

Nothing in this section shall derogate from the provisions of the Resource Management Act 1991.

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, on the completion of such surveys (if any) as may be necessary, shall at the request of the Minister or local authority issue a record of title for the estate in the land or part of the land specified in the request in the name of the Crown or local authority, as the case may require, and that record of title shall include a reference to the purposes (if any) for which the land is held, and may be subject to any relevant encumbrances or restrictions.

Any instrument which relates to the land in any such record of title and which is duly executed by a person having the necessary authority may thereafter be registered in accordance with the provisions of the Land Transfer Act 2017.

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.

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.

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,—

Notwithstanding anything to the contrary in this Act or in any other Act, but subject to section 40, any existing public work or part of any existing public work may be disposed of by the Minister to a local authority, or by a local authority to the Minister or another local authority, for a public work, whether of the same kind or not, if reasonable provision for satisfying the requirements of the public interest in that work will continue to exist.

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.

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, and the provisions of this Act as to the disposal of land held for a public work shall not apply.

No title to any land held for any public work, and no right, privilege, or easement in, upon, or over any such land, shall be acquired by possession or user adversely to or in derogation of the title of the Crown or of any local authority in which the land is vested.

Subsection (1) applies despite any enactment that prescribes a limitation period or other limitation defence.

The provisions of subsection (1) shall be in addition to and not in derogation from the provisions of sections 51 and 159 of the Land Transfer Act 2017.

Subject to subsections (2) and (3), if the whole or any part of—

the Minister may, by notice in the Gazette, declare the land to be set apart for that work without complying with any of the provisions of this Act in respect of the acquisition of other land for that purpose.

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, given after consultation with the administering body (if any) of the reserve.

Land shall not be set apart under subsection (1) without the consent of—

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, may by notice in the Gazette declare the land to be set apart for that other local work.

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 of the territorial authority.

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.

A statutory declaration by the chairperson or mayor or the chief executive of the local authority to the effect that the local authority is authorised by law to undertake the work for which it is proposed to set the land apart may be accepted by the Minister as sufficient evidence of that fact.

Where the provisions of section 32 are not applicable, the local authority shall attach to the request to the Minister a plan in triplicate of the survey of the land, approved by the Chief Surveyor, showing accurately the position and extent of the land proposed to be set apart.

In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

Except as provided in section 55, a Proclamation or declaration issued under this Act or under any former Public Works Act shall not be held or deemed to have taken or to take effect until it was or is published in the Gazette or such later date as may be specified in the Proclamation or declaration.

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, revoke the former Proclamation or declaration either wholly or so far as he thinks necessary.

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.

Any registration which in respect of the taking or acquisition of that land has been effected by the Registrar-General of Land or any other person pursuant to section 57, or pursuant to any other authority in that behalf, shall thereupon be cancelled and be deemed to have been of no effect as from the date on which it was made, to the same extent to which the said Proclamation or declaration has been so revoked.

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.

Compensation under subsection (4) shall be recovered from—

A Proclamation or declaration may be revoked under this section whether made before or after the commencement of this Act.

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.

If the first-mentioned document is secondary legislation, the subsequent document—

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 to satisfy himself of the land intended to be affected.

Except as provided in section 58, the Minister shall cause a copy of every Proclamation or declaration taking or acquiring or setting apart land and of any plan referred to in it not already held by the Registrar-General of Land, to be registered without fee by the Registrar-General of Land.

If the land is not subject to the Land Transfer Act 2017—

An error in any Proclamation or declaration shall not of itself prevent its registration in respect of the titles to land validly affected.

If the land is subject to the Land Transfer Act 2017, the Registrar-General of Land must register the Proclamation or declaration and plan against the land.

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, and dealings with which are not registrable under the Deeds Registration Act 1908, the Minister shall cause a copy of it to be lodged in the office of the Chief Surveyor, and the Chief Surveyor shall cause the land included in the Proclamation or declaration to be shown upon the proper plans and records of the district affected by the Proclamation or declaration in such manner as to prevent the land being disposed of in any manner at variance with the Proclamation or declaration.

In this Part and in Part 6, unless the context otherwise requires,—

Where under this Act any land—

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) or local authority, as the case may be, for such acquisition, taking, injurious affection, or damage.

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—

Compensation shall not be payable in respect of—

If—

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, the compensation payable shall be reduced by the same proportion as the amount of that subsidy, grant, or payment bore to the full purchase price or compensation paid by the territorial authority.

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:

In this section, the term specified date means—

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.

Where—

the Crown (acting through the Minister) or local authority shall compensate that person to such extent as the injurious affection warrants.

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 or local authority shall be disregarded.

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.

Where land is taken or acquired from any person for the purpose of constructing any public work which is to be situated partly on that land and partly on other land, compensation for injurious affection of the land retained by that person shall be assessed by reference to the effect of the whole of the public work on the land so retained and not only to the part situated on the land taken or acquired from that person.

Where land that is taken or acquired for a public work was devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, compensation may be assessed on the basis of the reasonable cost of equivalent reinstatement in some other place if the Land Valuation Tribunal or, in the case of any claim not before the Tribunal, the Minister or the local authority, is satisfied that such reinstatement is in good faith intended.

No person shall be entitled to compensation under this section unless—

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,—

No person shall be entitled to compensation under this section unless—

If, as a direct result of land being taken or acquired under this Act for a public work, any mortgage of that land has to be repaid in whole or in part, the mortgagor whose land is taken or acquired shall be entitled to an amount to compensate him for any loss incurred by reason of any difference in the interest rate fixed under the mortgage of the land taken or acquired and the rate fixed under the mortgage of the land acquired in substitution, during the term for which the principal provided for in the previous mortgage had been advanced, but such difference shall not be calculated on a new interest rate any greater than interest rates prevailing in the locality for an equivalent mortgage up to the balance of the outstanding principal and for the balance of the term.

No person shall be entitled to compensation under this section unless—

The owner of any land taken or acquired under this Act for a public work who has a business located on that land shall be entitled to compensation for—

No person shall be entitled to compensation under this section unless—

Subject to sections 99 to 101, where entry is made by the Crown on land pursuant to a notice defining the middle line of a road, limited access road, motorway, or railway, and no agreement for the payment or determination of compensation has been made, the owner of any estate or interest in the land entered on shall be entitled on application to the Minister to be made a formal offer of compensation for the taking of his estate or interest in the land entered upon.

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.

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.

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.

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, or the right of the owner to bring a claim for compensation under this Act upon the issue of a Proclamation or declaration under this Act, and if the compensation so assessed is less than the amount paid to the owner by way of compensation, then the award of the Tribunal shall be for the payment by the claimant to the respondent of the amount of the difference and the costs of the inquiry.

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.

Nothing in this section shall inhibit or delay the bringing of a claim for compensation under section 80.

Subject to sections 99 to 101, where any land is taken under this Act, and no agreement for the payment or determination of compensation has been made, the owner of any estate or interest in the land taken shall, notwithstanding the provisions of section 77, be entitled on application to the Minister or local authority to be made a formal offer of compensation for his estate or interest in the land taken.

The provisions of subsections (2), (3), (4) and (6) of section 69 shall apply to the making of an offer under this section, and every reference in those subsections to the Minister shall be read as a reference to the Minister or the local authority, as the case may require.

For the purposes of this section, the term relevant date means—

as the case may be.

If the Land Valuation Tribunal considers that the claimant in respect of any land taken or acquired for a public work has at any time after the relevant date done anything on or under the land with the purpose and effect of rendering the execution of the work more difficult or costly, the Tribunal shall take into account, by way of deduction from the amount of compensation to be awarded, any increase in the cost of executing the work caused or likely to be caused thereby; and if the Tribunal considers such increase in cost exceeds the value of the land taken, the award shall be for the payment by the claimant to the respondent of the amount of such excess and the costs of the inquiry.

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.

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.

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:

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 or the local authority so requires, the applicant shall—

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.

The Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority may decline any application so made to him or it; and every such application that is not declined by notice in writing given to the applicant within 3 months after the date of the receipt of the application (exclusive of any period which is not to be taken into account in accordance with subsection (6)) shall be deemed to have been granted, and anything done on or under the land after approval of that thing has been granted or is deemed to have been granted shall not be subject to the provisions of this section. Notice under this subsection may be given to any applicant by delivering it to him personally or by sending it to him by post in a registered letter addressed to him at the address specified in his application.

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 against the declining of his application.

Every such appeal shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act.

The decision of the Environment Court on any such appeal shall be final and binding.

Compensation of up to $50,000 must be paid to the owner of land if—

The amount of compensation paid under subsection (1) must be determined in accordance with section 72A.

The compensation paid under subsection (1) must not in total exceed $50,000 regardless of—

Compensation shall not be paid under subsection (1) unless—

Compensation shall not be payable under subsection (1) unless the person giving vacant possession—

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.

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.

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)).

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.

The amount of compensation paid under section 72(1) must be determined as follows:

In this section, negotiation start date means the earlier of the following:

In this section and sections 72C and 72D, unless the context otherwise requires,—

Compensation must be paid to an owner of land if—