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New Zealand law explained for everyone

Public Works Act 1981

Gazetting, revocation, amendment, and registration of documents

54: Revocation of Proclamation or declaration taking land

You could also call this:

“Changing your mind about taking someone's land for public projects”

When someone takes your land for a public project, they might later decide they don’t need all or part of it. If this happens before you get paid for the land, the Governor-General or the Minister can cancel the original decision to take your land. They do this by publishing a new notice in the Gazette.

Once they cancel the decision, it’s like the original decision never happened. Any official records about taking your land will also be cancelled.

If you lost something because of the original decision to take your land, you can ask for compensation. You can do this even if the decision was later cancelled. You’ll ask for compensation the same way as if your land was actually taken.

If it was the government who wanted your land, you’ll ask the Minister for compensation. If it was a local council, you’ll ask them instead.

The Governor-General or Minister can cancel a decision to take land whether it was made before or after this law came into effect.

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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=DLM46324.

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53: Proclamations and declarations not to take effect until gazetted, or

"Official government announcements for public works only start working when published in the special government newspaper"

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55: Amending or revoking documents, or

"Fixing mistakes in official documents"

Part 4 Gazetting, revocation, amendment, and registration of documents

54Revocation of Proclamation or declaration taking land

  1. If at any time after the issue or making of any Proclamation or declaration taking or acquiring land for a public work under this Act, and before the payment or award of any compensation in respect of its taking, it is found that the land or any part of it is not required for the purpose for which it was taken, the Governor-General may by a subsequent Proclamation, or the Minister may by a subsequent declaration, published in the Gazette, revoke the former Proclamation or declaration either wholly or so far as he thinks necessary.

  2. The former Proclamation or declaration shall thereupon, to the extent to which it has been so revoked, be void and of no effect as from the date on which it was made.

  3. Any registration which in respect of the taking or acquisition of that land has been effected by the Registrar-General of Land or any other person pursuant to section 57, or pursuant to any other authority in that behalf, shall thereupon be cancelled and be deemed to have been of no effect as from the date on which it was made, to the same extent to which the said Proclamation or declaration has been so revoked.

  4. Any person who has or had any interest in the land so acquired or taken and who has, in respect of that interest suffered any loss or damage by reason of the Proclamation or declaration shall be entitled to recover compensation for that loss or damage under this Act in the same manner as if it were compensation payable under this Act.

  5. Compensation under subsection (4) shall be recovered from—

  6. the Minister, in the case of any Proclamation or declaration relating to a Government work:
    1. the local authority, in the case of any Proclamation or declaration relating to a local work.

      1. A Proclamation or declaration may be revoked under this section whether made before or after the commencement of this Act.

      Compare
      • 1928 No 21 s 27
      Notes
      • Section 54(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).