Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

186: Compulsory acquisition powers

You could also call this:

“When the government helps a company take land for a project, they must follow special rules and pay the owner.”

If you are a network utility operator, you can ask the Minister of Lands to take land for a project. The Minister of Lands can agree to take the land under Part 2 of the Public Works Act 1981. If the land is taken, it will belong to you, not the government.

You cannot take land that has a heritage order without permission from the heritage protection authority. If the land is owned by the government or a local council, you can ask to use it for your project. You will need to agree on a price and conditions with the owner. You can use the land for your project, and it will belong to you.

If you take land, the person who owned it can claim compensation under the Public Works Act 1981. You will have to pay the government back for any costs they incur when taking the land. Some rules from the Public Works Act 1981 will apply to the land you take.

This rule does not apply if you are a certain type of company or if the land is protected Māori land. You can take an interest in land, like a lease, as if it were the land itself.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236702.

Topics:
Housing and property > Land use Māori affairs > Māori land Environment and resources > Town planning Environment and resources > Conservation
Previous

185: Environment Court may order taking of land, or

"The Environment Court can make someone buy your land if it's needed for a project and you can't use it."

Next

187: Meaning of heritage order and heritage protection authority, or

"What 'heritage order' and 'heritage protection authority' mean in the law"

Part 8 Designations and heritage orders
Designations

186Compulsory acquisition powers

  1. A network utility operator that is a requiring authority may apply to the Minister of Lands to have land required for a project or work acquired or taken under Part 2 of the Public Works Act 1981 as if the project or work were a government work within the meaning of that Act and, if the Minister of Lands agrees, that land may be taken or acquired.

  2. The effect of any Proclamation taking land for the purposes of subsection (1) shall be to vest the land in the network utility operator instead of the Crown.

  3. Land which is subject to a heritage order shall not be taken without the consent of the heritage protection authority.

  4. Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) as may be agreed, be set apart for a project or work of a network utility operator in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications), but the setting apart shall not be subject to sections 40 and 41 of that Act. Any land so set apart shall vest in the network utility operator.

  5. Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this section shall be made against the Minister of Lands.

  6. All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) shall be recoverable from the network utility operator as a debt due to the Crown.

  7. Sections 40 and 41 of the Public Works Act 1981 shall apply to land acquired or taken in accordance with this section as if the network utility operator concerned were the Crown.

  8. This section does not apply if—

  9. the network utility operator is a responsible SPV; and
    1. the land is protected Māori land.

      1. For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.

      Notes
      • Section 186(1): replaced, on , by section 67 of the Resource Management Amendment Act 2003 (2003 No 23).
      • Section 186(7A): inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).