Public Works Act 1981

• Jurisdiction: New Zealand
• Coming into Force: 23 December 2023
• Citation: 1981 No 35
• Year: 1981
• Act Number: 35
• Record Number: DLM45426
• Reference: 1981 No 35
• Type of Document: Act

Contenidos

• Public Works Act 1981
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 2A Transitional, savings, and related provisions
• 3 Power to declare specific public work to be essential work
• 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
• 5 Ministry of Works and Development
• 6 Functions of Ministry
• 7 Powers of Minister
• 8 Other powers and functions not affected
• 9 Execution of contracts for Government works, etc
• 10 Annual report
• 11 Committees
• 12 Commissioner of Works and Assistant Commissioners of Works
• 13 Other officers and employees of Ministry
• 14 Delegation of Minister's powers
• 15 Delegation of powers by Commissioner of Works
• Part 2
• 15A Interpretation
• 16 Empowering acquisition of land
• 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
• 22 Only land required for essential works may be compulsorily taken
• 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
• 27A Transfer of land taken for construction of eligible infrastructure
• 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
• 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
• 36 Procedures for defining middle line
• 36A Transitional procedures for defining middle line
• 37 Land affected by middle line notice may be taken by Proclamation
• 38 Middle line notice to lapse after certain period
• 39 Registration of middle line notice may be cancelled
• Part 3
• 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
• 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
• 59 Interpretation
• 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
• 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
• ...