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

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

You could also call this:

“Government can take over land-related permits for public projects”

If the government needs land for a public project, they can also take over any existing licences, permits, rights, privileges, or authorities that are connected to that land. They do this by making an official announcement called a Proclamation. The Proclamation will say when this takeover will happen. From that day, the government or the local authority will own these licences, permits, rights, privileges, or authorities. They will be free from any debts, claims, or other interests that were attached to them before. The rules in this law will apply to these licences, permits, rights, privileges, or authorities as if they were a type of property, with some changes to make the rules fit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46031.

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29: Acquisition of certain public land, or

"Rules for the government taking special types of land for public projects"

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31: Surface, subsoil, or air space may be acquired separately, or

"Government can take just part of land for public projects"

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

30Subsisting licence may be acquired or taken for public work

  1. Where any land is taken or set apart for a public work, any subsisting licence, permit, right, privilege, or authority in respect of the land may be taken by the same or a subsequent Proclamation; and on and after a day to be named in the Proclamation the licence, permit, right, privilege, or authority shall vest in the Crown, or the local authority, as the case may be, freed and discharged from all mortgages, charges, claims, liens, bills of sale, and interests of any kind whatsoever. The provisions of this Act shall, so far as they are applicable and with the necessary modifications, apply in every such case as if the licence, permit, right, privilege, or authority were an interest in land.

Compare
  • 1948 No 39 s 18