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New Zealand law explained for everyone

Public Works Act 1981

Acquisition of land for public works - Acquisition by agreement

20: Declaration may give effect to agreement

You could also call this:

“The government can make an agreement to use someone's land official with a simple declaration”

If someone agrees to let the government use their land for a public project, the Minister can make it official without a big announcement. This is called a declaration. The Minister can do this if they’re sure that the owner has agreed and that no one will be unfairly hurt by the decision. If someone might be affected, they’ll be paid for any problems caused.

This declaration works the same as a more formal document called a Proclamation, but it doesn’t need to be announced to everyone. It’s a quicker way to make the agreement official.

Once the agreement is made, the land becomes the property of the government or local council. Even if the land isn’t physically taken over right away, it’s still considered to belong to them under the law.

When you agree to sell your land this way, it’s treated the same as if the government had to take it for an important reason. The law sees it as land that was acquired for a public purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM45788.

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"Special record shows agreement about your land"

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Part 2 Acquisition of land for public works
Acquisition by agreement

20Declaration may give effect to agreement

  1. Where under this or any other Act, power is given to acquire land under this Act, the Minister, upon being satisfied—

  2. that the owner of the land has agreed to his land being acquired; and
    1. that no private injury will be done by the acquisition, or that compensation is provided by this Act for any private injury that will be done by the acquisition—
        1. may issue a declaration in writing that, an agreement to that effect having been entered into, the land is thereby acquired for the purpose for which it is authorised to be acquired.

      1. Every declaration issued under subsection (1) shall have the effect of and be deemed to be a Proclamation under section 26, and the provisions of this or any other Act relating to Proclamations shall apply to any such declaration as if it were a Proclamation issued under that section, except that it shall not be necessary to publicly notify the declaration.

      2. Where an agreement for the purchase of any land has been entered into, title to the land, if not otherwise acquired, shall be transferred or surrendered to the Crown or to the local authority, as the case may be.

      3. Any land purchased and transferred or surrendered under this section shall be deemed to be land acquired under the authority of this Act.

      Compare
      • 1928 No 21 s 32(4)–(6)
      • 1962 No 41 s 4
      • 1970 No 145 s 5