Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers in relation to private land - Compulsory acquisition of land

190: Compensation payable by local authority for land taken or injuriously affected

You could also call this:

“Local council must pay you if they take or harm your land”

If you own or have an interest in some land, and a local authority takes it for a public work, or if their work affects your land badly, or if you suffer damage because of powers they use under this Act, you can get compensation. This applies to land taken under this Act, land that is negatively affected by public work, or any damage from the use of powers given by this Act.

You have the right to full compensation from the local authority for these situations. The amount of compensation you can get is set out in the Public Works Act 1981.

If you want to claim compensation, you need to do it in the way described in the Public Works Act 1981. This Act also explains how the amount of compensation will be decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173484.

Topics:
Government and voting > Local councils
Housing and property > Land use
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“Councils can buy or take land for public projects”

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to private land: Compulsory acquisition of land

190Compensation payable by local authority for land taken or injuriously affected

  1. This section applies to a person having an estate or interest in land—

  2. taken under the authority of this Act for any public work; or
    1. injuriously affected by any public work; or
      1. suffering any damage from the exercise of any of the powers given by this Act.

        1. A person is entitled to full compensation from the local authority for the matters referred to in subsection (1)(a), (b), or (c) to the extent provided in the Public Works Act 1981.

        2. The compensation may be claimed and must be determined in the manner provided by the Public Works Act 1981.

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