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Public Works Act 1981

Acquisition of land for public works - Compulsory acquisition of land

24: Objection to be heard by Environment Court

You could also call this:

“The Environment Court listens to your concerns when the government wants to take your land”

When you object to the government taking your land, the Environment Court will handle your case. Here’s how it works:

The court will send your objection to the Minister or local authority. They have to reply within a month, explaining why they want to take the land and what they plan to do with it.

The court will then set up a hearing to look into your objection. You’ll get at least 15 working days’ notice about when and where this will happen. The hearing is usually public, but you can ask for it to be private if you want.

At the hearing, you can speak for yourself or have someone represent you. The Minister or local authority can also have someone speak for them.

After the hearing, the court will:

  • Look at what the Minister or local authority wants to do
  • Check if they’ve thought about other options
  • Decide if it’s fair and necessary to take your land
  • Write a report about what they found

The court will give this report to the Minister or local authority, and also send you a copy. Their decision is final, and the Minister or local authority has to follow it.

You can withdraw your objection at any time before the court makes its decision. The court can also decide who should pay for the costs of the hearing.

If you’re not happy with the court’s decision, you usually can’t appeal it, except in some special cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM45797.

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"Notice telling you the government wants to use your land for a public project"

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25: Environment Judge may conduct inquiry alone by agreement, or

"A special judge can do an inquiry by themselves if everyone agrees"

Part 2 Acquisition of land for public works
Compulsory acquisition of land

24Objection to be heard by Environment Court

  1. On receiving a written objection under section 23, the Environment Court shall, as soon as practicable, send a copy of the objection to the Minister or local authority, as the case may require.

  2. Within 1 month after receiving a copy of the objection or within such further period as the Environment Court may allow, the Minister or local authority, as the case may require, shall send to the Environment Court and serve on the objector a reply to the objection containing the following information:

  3. the statutory or other authority under which it is proposed to take the land; and
    1. the nature of the work to be constructed or the purpose for which the land is required; and
      1. such other matters as may be appropriate having regard to the objections made and to any practice directions issued by the Environment Court.

        1. The Environment Court shall inquire into the objection and the intended taking and for that purpose shall conduct a hearing at such time and place as it may appoint.

        2. Not less than 15 working days' notice of the time and place so appointed shall be given to the objector and to the Minister or local authority, as the case may require.

        3. Every such hearing shall be held in public unless the objector gives written notice to the Environment Court before the date of the hearing that he requires the hearing to be held in private.

        4. At every such hearing the Minister or the local authority may be represented by counsel or by an officer of the Minister's department or local authority, as the case may require, and the objector may appear and act personally or by counsel or any duly authorised representative.

        5. The Environment Court may, whether or not the parties consent,—

        6. accept evidence that was presented at a hearing described in section 39(1) of the Resource Management Act 1991, or at a related inquiry or appeal heard by the court; and
          1. direct how evidence is to be given to the court.

            1. The Environment Court shall—

            2. ascertain the objectives of the Minister or local authority, as the case may require:
              1. enquire into the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives:
                1. in its discretion, send the matter back to the Minister or local authority for further consideration in the light of any directions given by the court:
                  1. decide whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the Minister or local authority, as the case may require, for the land of the objector to be taken:
                    1. prepare a written report on the objection and on the court's findings:
                      1. submit its report and findings to the Minister or local authority, as the case may require.

                        1. Repealed

                        2. At the same time as the Environment Court submits its report and findings to the Minister or local authority, it shall send a copy of the report and findings to the objector, and make copies of them available to the public.

                        3. The report and findings of the Environment Court shall be binding on the Minister or, as the case may be, the local authority.

                        4. Any objection filed under section 23 may be withdrawn by the objector at any time before the court makes its report and findings under this section.

                        5. Where the objection is withdrawn by the objector pursuant to subsection (11), the court shall not be obliged to make a report and findings under this section.

                        6. The Environment Court may award such costs as it considers just either in favour of or against the objector, the Crown, or the local authority.

                        7. Subject to sections 299 and 308 of the Resource Management Act 1991, no appeal shall lie from any report or recommendation of the Environment Court under this section.

                        Compare
                        • 1928 No 21 s 22A(3)–(10)
                        • 1973 No 44 s 7(1)
                        Notes
                        • Section 24 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(2)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(5): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(6): amended, on , by section 8 of the Public Works Amendment Act 1988 (1988 No 43).
                        • Section 24(6A): inserted, on , by section 192 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 24(6A)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                        • Section 24(7): substituted, on , by section 8(1) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(7): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(7)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(7)(e): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(8): repealed, on , by section 8(1) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(9): substituted, on , by section 8(2) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(9): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(10): substituted, on , by section 8(2) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(10): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(11): substituted, on , by section 8(2) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(11): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(12): substituted, on , by section 8(2) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                        • Section 24(12): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(13): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(14): substituted, on , by section 38(1) of the Town and Country Planning Amendment Act 1983 (1983 No 149).
                        • Section 24(14): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                        • Section 24(14): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                        • Section 24(14): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).