Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

42: Disposal in other cases of land not required for public work

You could also call this:

“Selling extra land the government doesn't need anymore”

When land is no longer needed for public work, the government or local authority can sell it. If they offered to sell it back to the original owner and nobody accepted within 40 working days, they can try to sell it to someone else.

They can offer to sell the land to people who own land next to it. They can also try to sell it through a public auction, ask for tenders, or sell it privately. They need to advertise these sales publicly and tell the person they bought the land from and the neighbours at least 20 working days before the sale.

Sometimes, if land isn’t needed for government work anymore, the Minister can make it Crown land. This means it belongs to the government and can be used for other things.

If the government only has part ownership or rights to use the land, they can give those rights back or put the land under the control of a specific government department.

When they sell the land, they use a special document called a transfer instrument. This document can say that the land should be joined with other land the buyer already owns.

After they sell the land, they need to tell the Chief Surveyor who bought it within one month.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46073.

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41: Disposal of former Maori land when no longer required, or

"Rules for giving back Māori land the government doesn't need anymore"

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42A: Solatium payment for loss of opportunity to purchase, or

"Extra money if you can't buy back land taken for public use because it's returned to Māori"

Part 3 Dealing with land held for public works

42Disposal in other cases of land not required for public work

  1. Where—

  2. any offer to sell land under section 40(2) has not been accepted within 40 working days or such further period as the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority considers reasonable; or
    1. any land is no longer required for a public work and subsections (2) and (4) of section 40 do not apply,—
        1. the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority may—
      1. cause the land to be offered for sale to the owner of any adjacent land at a price fixed by a registered valuer; or
        1. cause the land to be offered for sale by public auction, public tender, private treaty, or by public application at a specified price.

          1. The chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority shall ensure that public notice is given of every public auction or invitation for public tenders or applications under this section, and that written notice of it is served on the person from whom the land was acquired if he can be readily ascertained, and on every owner of land adjoining the land proposed to be sold, not later than 20 working days before the date fixed for the auction or for the closing of tenders or applications, as the case may be.

          2. Subject to section 40(2), where any land held for a Government work—

          3. is not required for that work; or
            1. for any other reason the Minister considers it expedient to do so—
                1. the Minister, without complying with any other requirements of this section, may by notice in the Gazette declare the land to be Crown land subject to the Land Act 1948, and thereupon, or from such later date as may be specified in that behalf in the notice, the land shall vest in the Crown as Crown land subject to that Act, and may be administered and disposed of under that Act.

              1. Except in any case to which section 40(2) applies, where the Crown holds an interest in any land of the type referred to in subsection (3), and that interest is not a fee simple one in severalty, the Minister, without complying with any other requirements of this section, may—

              2. in the case of any lease, tenancy, easement, or profit à prendre, transfer or surrender it in accordance with its terms; or
                1. by notice in the Gazette declare that interest to be under the control and management of the department within the meaning of the Survey Act 1986.

                  1. Where any such interest is declared to be under the control and management of the department within the meaning of the Survey Act 1986 it may thereupon—

                  2. in the case of any lease, tenancy, easement, or profit à prendre, be transferred or surrendered in accordance with its terms:
                    1. in any other case, be administered and disposed of under the Land Act 1948 as if it were Crown land subject to that Act.

                      1. Any land disposed of under section 40 or under this section may be transferred by a transfer instrument under the Land Transfer Act 2017. Any such transfer instrument may contain a recital that the land being transferred shall be amalgamated with any other land in an existing record of title; and that recital shall be sufficient authority to the Registrar-General of Land to amend such record of title accordingly, without fee. On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the record of title.

                      2. Within 1 month after the registration of the transfer instrument, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee.

                      Compare
                      • 1928 No 21 s 35
                      • 1954 No 85 s 4(1)
                      Notes
                      • Section 42(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                      • Section 42(1)(a): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                      • Section 42(1)(d): amended, on , by section 10(1) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                      • Section 42(1)(d) proviso: repealed, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                      • Section 42(2): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                      • Section 42(4)(b): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                      • Section 42(5): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                      • Section 42(6): substituted, on , by section 2 of the Public Works Amendment Act 1983 (1983 No 150).
                      • Section 42(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 42(7): added, on , by section 2 of the Public Works Amendment Act 1983 (1983 No 150).
                      • Section 42(7): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).