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Public Works Act 1981

Dealing with land held for public works

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

You could also call this:

“No claiming rights over public land, even if you've used it for a long time”

You can’t claim ownership or rights over land that is used for public work, even if you’ve been using it for a long time. This rule applies even if there are other laws that say you can own something after using it for a certain period.

This means that if the government or a local council owns land for public use, you can’t take it or get special rights to use it just because you’ve been using it without their permission. It doesn’t matter how long you’ve been using it.

This rule works alongside other laws about land ownership, specifically sections 51 and 159 of the Land Transfer Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46306.

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"Rules for passing public works between different groups"

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Part 3 Dealing with land held for public works

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

  1. No title to any land held for any public work, and no right, privilege, or easement in, upon, or over any such land, shall be acquired by possession or user adversely to or in derogation of the title of the Crown or of any local authority in which the land is vested.

  2. Subsection (1) applies despite any enactment that prescribes a limitation period or other limitation defence.

  3. The provisions of subsection (1) shall be in addition to and not in derogation from the provisions of sections 51 and 159 of the Land Transfer Act 2017.

Compare
  • 1935 No 27 s 12
Notes
  • Section 51(1): amended, on , by section 58 of the Limitation Act 2010 (2010 No 110).
  • Section 51(1A): inserted, on , by section 58 of the Limitation Act 2010 (2010 No 110).
  • Section 51(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).