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New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

50: Transfer of existing public works

You could also call this:

“Rules for passing public works between different groups”

You can transfer an existing public work, or part of one, from the Minister to a local authority, or from a local authority to the Minister or another local authority. This can happen even if it’s for a different kind of public work. The only condition is that the public’s needs for that work must still be met reasonably well.

When the Minister and a local authority, or two or more local authorities, agree to sell and buy a public work, they can include any terms they think are appropriate in their agreement.

If the transfer involves a change in who owns the land, the local authority or the Minister can take the land by making a declaration. They don’t need to follow the usual rules for getting rid of land that was used for a public work.

Remember, even though these transfers are allowed, they still need to follow the rules in section 40 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46305.

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49: Dealing with strata, or

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

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51: Prohibiting acquisition of rights by adverse user of land held for public work, or

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Part 3 Dealing with land held for public works

50Transfer of existing public works

  1. Notwithstanding anything to the contrary in this Act or in any other Act, but subject to section 40, any existing public work or part of any existing public work may be disposed of by the Minister to a local authority, or by a local authority to the Minister or another local authority, for a public work, whether of the same kind or not, if reasonable provision for satisfying the requirements of the public interest in that work will continue to exist.

  2. Any agreement relating to the sale and purchase of a public work pursuant to this section may contain such provisions as the Minister and the local authority, or the 2 or more local authorities, think fit.

  3. If any agreement under this section involves a change of the ownership of any land, the land may be taken by the local authority or the Minister, as the case may require, by declaration under section 20, and the provisions of this Act as to the disposal of land held for a public work shall not apply.

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