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

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

You could also call this:

“Government can take just part of land for public projects”

When the government or a local authority wants to use land for a public project, they don’t always need to take the whole piece of land. They can choose to take just the surface, or just the space below or above the ground.

If they only take the surface of the land, they might not have the right to use the ground underneath for support unless they make a special agreement.

If someone owns the ground underneath land that the government or local authority is using, they can’t dig for minerals or do anything else with that ground without telling the government or local authority first. They need to give six months’ notice in writing before they do anything.

Even if the government or local authority didn’t take the ground underneath when they first took the land, they can decide to take it later if they need it to support or protect the project they’re working on above ground.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46032.

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

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

  1. The Minister or local authority may, in acquiring or taking land for a public work, acquire only the surface, together with such part of the subsoil or of the air space above the surface as is deemed necessary, or may acquire or take all or only such part of the subsoil or of the air space above the surface as is deemed necessary excluding the surface.

  2. Where any land is so acquired or taken and any or all of the subsoil beneath that land is not so acquired or taken, the land shall, except pursuant to any agreement to the contrary, have no right of support from the subjacent soil.

  3. Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken it shall not be lawful for any person to extract minerals or otherwise interfere with the subjacent land until 6 months' notice of his intention to do so has been given in writing to the Minister in the case of a Government work, or to the local authority in the case of a local work.

  4. Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken, the Crown or the local authority, as the case may be, may at any time thereafter acquire or take in accordance with this Act any part of the subsoil underlying the land so acquired or taken, where the acquisition or taking is necessary for the support or protection of the work on the surface or in the air space above that subsoil.

Compare
  • 1928 No 21 s 21