Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

42B: Notice of right to apply for solatium payment

You could also call this:

“You can ask for money if the government doesn't need your land anymore”

When a government company decides it no longer needs land for public work, the head of the survey department has to do two things. First, they need to check if they have to offer the land to someone. Second, they need to decide if anyone can ask for some money because they lost the chance to buy the land.

If the survey department head thinks someone can ask for money, they have to tell that person in writing. This money is called a solatium payment, and people can ask for it from a special group called the Land Valuation Tribunal.

The survey department head has to do this for land owned by government companies, including those that are partly owned by the government. These companies are called State enterprises and mixed ownership model companies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46088.

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Part 3 Dealing with land held for public works

42BNotice of right to apply for solatium payment

  1. Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 is advised by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 or a mixed ownership model company (within the meaning of section 45P of the Public Finance Act 1989) that any land held by that State enterprise or mixed ownership model company for a public work is no longer required for a public work, that chief executive shall ascertain—

  2. whether an offer under section 40 or section 41 is required to be made to any person in respect of that land; and
    1. whether, in his or her opinion, any person is entitled to apply to the Land Valuation Tribunal under section 42A for a solatium payment for the loss of the opportunity to purchase that land.

      1. Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 ascertains, under subsection (1), that any person is, in the opinion of that chief executive, entitled to apply to the Land Valuation Tribunal under section 42A for a solatium payment in respect of the loss of the opportunity to purchase that land, that chief executive shall advise that person in writing of that person's entitlement.

      Notes
      • Section 42B: inserted, on , by section 38 of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).
      • Section 42B(1): amended, on , by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).
      • Section 42B(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
      • Section 42B(2): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).