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Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Limited access roads

346I: Compensation

You could also call this:

"Getting paid back for things the council did to affect your property"

Illustration for Local Government Act 1974

If you think you should get compensation because of something the council did under sections 346A to 346H, you need to claim it within 5 years. When you claim compensation under section 60 of the Public Works Act 1981, the council will look at section 62 of the Public Works Act 1981 to see how it applies to you. The Land Valuation Tribunal will consider any increase in the value of your land because of the council's actions under section 346E when they decide how much compensation you get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420666.

Topics:
Government and voting > Local councilsHousing and property > Land use
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346H: Certificate of land affected to be forwarded to Registrar-General of Land, or

"Telling the Registrar-General of Land about roads that affect people's land"

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346J: Offences, or

"Breaking rules about special roads is against the law"

Part 21Roads (other than regional roads), service lanes, and access ways
Limited access roads

346ICompensation

  1. Where the exercise of any power given by any provision of sections 346A to 346H gives rise to any claim for compensation under section 60 of the Public Works Act 1981—

  2. the claim shall not be made after a period of 5 years from the date of the exercise of the power:
    1. section 62 of the Public Works Act 1981 shall be read as if the term specified date meant the date of the exercise of the power:
      1. the Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E.

        Notes
        • Section 346I: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
        • Section 346I: amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
        • Section 346I(b): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).