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:

“The government can take land for important projects, but must follow special rules and pay the owners”

If you’re a network utility operator and a requiring authority, you can ask the Minister of Lands to get land for your project. The Minister can take the land as if it were for a government project. If this happens, you’ll own the land instead of the government.

You can’t take land that has a heritage order without getting permission from the heritage protection authority.

If the government or a local council owns land you need, you can ask them to give it to you. They might agree, but you’ll have to follow their rules and maybe pay for it. If they agree, you’ll own that land.

If someone wants money because their land was taken, they need to ask the Minister of Lands, not you. But you’ll have to pay back the Minister for all the costs, including any money paid to the landowner.

There are some rules about offering the land back to the original owner if it’s not needed anymore. These rules apply to you just like they do to the government.

This doesn’t work if you’re a “responsible SPV” and the land is protected Māori land.

When this law talks about land, it can also mean things like leases or other rights to use land.

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 It might be out of date or be missing some parts.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

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
Government and voting > Local councils
Māori affairs > Māori land
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“ The Environment Court can tell someone to buy your land if it's needed for a special project ”

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

“A heritage order is a rule in a district plan that protects important places, and a heritage protection authority is a person or group who can ask for this protection.”

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).