Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Acquisition of land for public works - Extending estates in land that may be acquired or taken

29: Acquisition of certain public land

You could also call this:

“Rules for the government taking special types of land for public projects”

The law says that when the government wants to acquire or take land for a public work, there are some special rules. You need to know that the government usually can’t take any part of a road. However, the government can acquire or take land that belongs to local authorities or land that trustees look after for public purposes. This applies unless there’s a specific rule saying otherwise. This helps you understand what kind of land the government can and can’t use for public works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46030.

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28: Particular estates in land may be acquired or taken, or

"The government can take land with existing rights or just take some rights"

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30: Subsisting licence may be acquired or taken for public work, or

"Government can take over land-related permits for public projects"

Part 2 Acquisition of land for public works
Extending estates in land that may be acquired or taken

29Acquisition of certain public land

  1. Where there is power to acquire or take any land for a public work under this or any other Act, that power, unless otherwise specially provided,—

  2. shall not include the power to acquire or take any part of a road:
    1. shall include the power to acquire or take any land vested in any local authority or any land vested in trustees for any local or general public purpose.

      Compare
      • 1928 No 21 s 13