Public Works Act 1981

Compensation - Preliminary

59: Interpretation

You could also call this:

“Words used in this law and what they mean”

In this part of the law and in Part 6, some important words have special meanings. Here’s what they mean:

You’re a claimant if you ask for money because of this law.

A Land Valuation Tribunal is a special group that helps decide land values. It was set up by another law called the Land Valuation Proceedings Act 1948.

The Minister means the Minister of Lands.

Land is ‘notified’ when someone important, like a Minister or local council, says they need it for something. This can happen in different ways, like putting it in a plan or sending a notice.

The notifying authority is the person or group responsible for paying for the public work that needs the notified land.

An owner isn’t just someone who owns land. It can also be someone who rents the land for a long time, or someone who has the right to use the land even if they don’t own it.

A respondent is the Minister for government works, or the local authority for local works.

These meanings help everyone understand the rest of the law in the same way.

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60: Basic entitlement to compensation, or

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Part 5 Compensation
Preliminary

59Interpretation

  1. In this Part and in Part 6, unless the context otherwise requires,—

    claimant means any person claiming compensation under this Act

      Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the expression Land Valuation Tribunal or Tribunal, when used in relation to any land transaction, means the particular Land Valuation Tribunal to which any application or matter arising under this Act and relating to that land or transaction has been made or referred

        Minister means the Minister of Lands

          notified, in relation to any land, means—

          1. made the subject of a requirement by a Minister of the Crown, a local authority, or a network utility operator under section 168 of the Resource Management Act 1991, or by a heritage protection authority under section 189 of that Act, or by any such body or person under clause 4 of Part 1 of Schedule 1 of that Act or under the corresponding provisions of any former enactment; or
            1. designated for a public work or a project or work, or made the subject of a heritage order, included in an operative or proposed district plan under the Resource Management Act 1991; or
              1. made subject to a notice of intention to take, or to the powers conferred by a middle line notice, issued under this Act; or
                  1. made the subject of negotiations under section 17 or a notice under section 18(1), in which case the date of notification shall be the date on which the negotiations commenced or the date of the service of the notice, as the case may be

                    notifying authority means any person or local authority who or which has the financial responsibility for any public work in respect of which any land has been notified

                      owner, in relation to land, includes—

                      1. a person who occupies the land under a lease, sublease, or licence, or a renewal of a lease, sublease, or licence, that—
                        1. is granted by the owner of the fee simple of the land or by the lessee of the land; and
                          1. is not—
                            1. a weekly tenancy agreement; or
                              1. a monthly tenancy agreement; or
                                1. a tenancy to which the Residential Tenancies Act 1986 applies; or
                                  1. a statutory tenancy (as defined in section 207 of the Property Law Act 2007):
                                2. a tenant for life of the land:
                                  1. a beneficial owner of the land

                                    respondent means the Minister in the case of Government works and the local authority in the case of local works.

                                    Compare
                                    • 1928 No 21 s 101A
                                    • 1970 No 145 s 6
                                    • 1975 No 138 s 30(1)
                                    Notes
                                    • Section 59 Minister: inserted, on , by section 17(1) of the Public Works Amendment Act 1988 (1988 No 43).
                                    • Section 59 notified paragraph (a): substituted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                                    • Section 59 notified paragraph (a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                    • Section 59 notified paragraph (b): substituted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                                    • Section 59 notified paragraph (b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                    • Section 59 notified paragraph (d): repealed, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                    • Section 59 owner: replaced, on , by section 193 of the Resource Legislation Amendment Act 2017 (2017 No 15).