Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

45: Land held for public work may be leased, etc

You could also call this:

“The government can let people use land meant for public projects”

If someone is holding land for a public work, they can let other people use it. The Minister or local authority in charge can give someone permission to use the land. They can do this by letting them rent it or by giving them a licence to use it. They can decide what rules to set for using the land.

When people pay to use this land, the money goes to different places depending on who’s in charge. If it’s the government, the money goes into special bank accounts. If it’s a local authority, the money goes into their general funds.

The Minister or local authority can also end the agreement at any time if the person using the land wants to stop using it.

Remember, this is about land that’s meant for public work. Public work is something that’s done for everyone’s benefit, like building roads or schools.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46096.

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Part 3 Dealing with land held for public works

45Land held for public work may be leased, etc

  1. If any land is held for any public work under this or any other Act or in any other manner, the Minister or local authority, as the case may be, may grant a lease or tenancy of the land or a licence to occupy the land on such terms and conditions as he or it may think fit.

  2. Repealed

  3. Repealed

  4. Repealed

  5. All rents and profits derived from land under this section shall—

  6. be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989; or
    1. be paid into the bank account of the Crown agency (within the meaning of the Public Finance Act 1989) holding or managing the land; or
      1. be paid into the general revenues of the local authority or controlling authority—
          1. as the case may require.

        1. The Minister or local authority may at any time accept the surrender of any lease, tenancy, or licence to occupy granted under this section.

        Compare
        • 1928 No 21 s 39
        Notes
        • Section 45(2): repealed, on , by section 8(2) of the Transit New Zealand Amendment Act 1995 (1995 No 42).
        • Section 45(3): repealed, on , by section 8(2) of the Transit New Zealand Amendment Act 1995 (1995 No 42).
        • Section 45(4): repealed, on , by section 8(2) of the Transit New Zealand Amendment Act 1995 (1995 No 42).
        • Section 45(5): substituted, on , by section 3 of the Public Works Amendment Act 1991 (1991 No 87).