Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Dealing with land held for public works

52: Setting apart Crown land, public reserve, etc, for public work

You could also call this:

“Allowing the government to use certain lands for public projects”

The Minister can set aside certain types of land for public works without following the usual steps for acquiring land. This includes public reserves, Crown land, common marine and coastal areas, wildlife areas, and land already used for government work.

To set aside a public reserve, the Minister needs permission from the Minister of Conservation. They must also talk to the group managing the reserve, if there is one.

For other types of land, the Minister needs permission from different people:

  • The Minister of Conservation for conservation areas
  • The Minister of Transport or Conservation for common marine and coastal areas
  • The Minister of Conservation for wildlife areas

If a local authority wants to use land it already owns for a different local project, it can ask the Minister to set the land aside. The local authority’s chief executive must make this request in writing.

A local authority can’t set aside a public reserve it owns unless the new use is in the district plan.

When asking to set land aside, the local authority must give details about the land and its current and planned use. They also need to prove they can legally do the new project.

If needed, the local authority must provide a detailed map of the land they want to set aside.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46307.

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

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

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52A: Interpretation, or

"Words used in this part of the law and what they mean"

Part 3 Dealing with land held for public works

52Setting apart Crown land, public reserve, etc, for public work

  1. Subject to subsections (2) and (3), if the whole or any part of—

  2. a public reserve is required for any public work; or
    1. any Crown land, or common marine and coastal area, is required for any public work; or
      1. any wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of the Wildlife Act 1953 is required for any public work; or
        1. any land held for a Government work is required for another Government work—
            1. the Minister may, by notice in the Gazette, declare the land to be set apart for that work without complying with any of the provisions of this Act in respect of the acquisition of other land for that purpose.

          1. The whole or any part of a public reserve shall not be set apart under subsection (1) without the consent of the Minister of Conservation, given after consultation with the administering body (if any) of the reserve.

          2. Land shall not be set apart under subsection (1) without the consent of—

          3. the Minister of Conservation, if it is a conservation area within the meaning of the Conservation Act 1987 or is managed by the Department of Conservation under section 61 or section 62 of that Act:
                1. the Minister of Transport or the Minister of Conservation, as may be appropriate, if it is part of the common marine and coastal area:
                  1. the Minister of Conservation, if it is a wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of the Wildlife Act 1953.

                    1. Subject to subsections (6) to (8), if the whole or any part of any land held by a local authority (other than a road, access way, or service lane) is required for another local work to be undertaken by that local authority, the Minister, on receiving a written request by the local authority signed by its chief executive, may by notice in the Gazette declare the land to be set apart for that other local work.

                    2. The whole or any part of a public reserve held by a local authority shall not be set apart under this Act for a public work to be undertaken by the same local authority unless the land is designated for the work in the district plan of the territorial authority.

                    3. Every request by a local authority under subsection (4) shall contain particulars of the land affected, of the work for which it is held, and of the work for which it is proposed to set the land apart.

                    4. A statutory declaration by the chairperson or mayor or the chief executive of the local authority to the effect that the local authority is authorised by law to undertake the work for which it is proposed to set the land apart may be accepted by the Minister as sufficient evidence of that fact.

                    5. Where the provisions of section 32 are not applicable, the local authority shall attach to the request to the Minister a plan in triplicate of the survey of the land, approved by the Chief Surveyor, showing accurately the position and extent of the land proposed to be set apart.

                    Compare
                    • 1928 No 21 s 25
                    • 1952 No 58 ss 4, 20
                    • 1962 No 41 s 3
                    Notes
                    • Section 52(1): amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                    • Section 52(1)(b): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                    • Section 52(2): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                    • Section 52(3)(a): substituted, on , by section 15(1) of the Public Works Amendment Act 1988 (1988 No 43).
                    • Section 52(3)(aa): repealed, on , by section 15(1) of the Public Works Amendment Act 1988 (1988 No 43).
                    • Section 52(3)(ab): repealed, on , by section 15(1) of the Public Works Amendment Act 1988 (1988 No 43).
                    • Section 52(3)(b): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                    • Section 52(3)(b): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                    • Section 52(3)(c): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                    • Section 52(4): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                    • Section 52(5): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                    • Section 52(7): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).