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New Zealand law explained for everyone

Public Works Act 1981

Acquisition of land for public works - Acquisition by agreement

17: Acquisition by agreement

You could also call this:

“Buying land for public projects: How the government makes deals with landowners”

The government or a local council can buy land for public projects by making a deal with the landowner. This is called ‘acquisition by agreement’.

If you agree to sell your land for a public project, the government can make it official in two ways. They can either declare it under section 20 or transfer it using the Land Transfer Act 2017.

If the land is Maori freehold land owned by more than four people and not managed by trustees, the government or council can ask the Maori Land Court for help. The court will treat this request as if the owners had been officially notified.

If the Maori Land Court chooses someone to act for the owners, that person can make the agreement and sign the papers as if they were the owner.

In some cases, Public Trust might be allowed to represent the owner. If so, they can agree to the sale and sign the papers for the owner.

When you make an agreement to sell your land for a public project, you can specify how the ownership will be transferred to the government or council.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM45778.

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"The government and local councils can take land for public projects"

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Part 2 Acquisition of land for public works
Acquisition by agreement

17Acquisition by agreement

  1. The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.

  2. Any agreement to sell land to the Crown or a local authority for public work under this section may be implemented by a declaration under section 20 or by a transfer instrument under the Land Transfer Act 2017 for the stated public work.

  3. Repealed

  4. If the land sought is—

  5. Maori freehold land as defined in section 2 of Te Ture Whenua Maori Act 1993; and
    1. beneficially owned by more than 4 persons; and
      1. not vested in any trustee or trustees—
          1. the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 9 of the Maori Affairs Amendment Act 1974. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.

        1. If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of entering into an agreement under this section and of executing any transfer or conveyance.

        2. Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to so represent the owner for the purposes of this section and may execute any transfer or conveyance.

        3. Any agreement to sell the land to the Crown or to a local authority under this section may—

        4. specify the method of acquiring title to the land; and

            Compare
            • 1928 No 21 s 32(1), (2)
            Notes
            • Section 17(1): substituted, on , by section 7 of the Public Works Amendment Act 1988 (1988 No 43).
            • Section 17(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 17(3): repealed, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
            • Section 17(4)(a): amended, on , pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
            • Section 17(6): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 17(7)(b): repealed, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).