Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

49: Dealing with strata

You could also call this:

“Rules for selling or renting parts of public land, including the air above and ground below”

If you have land that’s used for public work, the Minister or local authority can do more than just sell or rent out the whole piece of land. They can also deal with parts of the land separately. This means they can sell, rent, or allow someone to use:

The air space above the land, either all of it or just a part. The ground underneath the land, either all of it or just a part.

They can do this with or without including the surface of the land. This gives them more options for how to use the land for public work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46304.

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48: Easement may be granted over land held for public work, or

"Land used for public projects can be shared with others under special rules"

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50: Transfer of existing public works, or

"Rules for passing public works between different groups"

Part 3 Dealing with land held for public works

49Dealing with strata

  1. Every power conferred by this Act on the Minister or a local authority, as the case may be, to sell or let or lease any land held for a public work, or to grant an easement in respect of any such land, shall include the power to sell or let or lease, or grant any easement in respect of, together with or separately from the surface of the land,—

  2. the whole or any portion of the air space above the land:
    1. the whole or any portion of the subsoil of the land.

      Compare
      • 1962 No 41 s 5