Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Entitlement

61: Exceptions to right to compensation

You could also call this:

“When the government doesn't have to pay you for taking your land”

You won’t get compensation for some types of land taken by the government. This includes:

Land taken for a road, motorway, or railway if the Crown already had the right to make a road there.

Roads, service lanes, or access ways that belong to a local council because of a specific law.

Sometimes, the government might take over a road, service lane, access way, or other land that a local council bought with help from the government. If this happens, the compensation will be less. The amount will be reduced by the same percentage as the government’s original contribution to the purchase price.

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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=DLM46356.

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60: Basic entitlement to compensation, or

"You can get money if the government uses or affects your land for public projects"

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62: Assessment of compensation, or

"How the government decides how much to pay you if they need your land"

Part 5 Compensation
Entitlement

61Exceptions to right to compensation

  1. Compensation shall not be payable in respect of—

  2. any land taken for a road, motorway, or railway under this Act where the right to make a road over the land is otherwise reserved to the Crown, and has not lapsed or become barred:
    1. any road, service lane, or access way vested in a territorial authority by section 316 of the Local Government Act 1974.

      1. If—

      2. any road or service lane or access way, or a reserve for any such purpose; or
        1. any other land—
            1. has been declared Government road or motorway or acquired by the Crown for any purpose, and the land comprising it was originally taken, purchased, or otherwise acquired by a territorial authority with the assistance of a subsidy, grant, or other payment paid or made by the Crown or the New Zealand Transport Agency, the compensation payable shall be reduced by the same proportion as the amount of that subsidy, grant, or payment bore to the full purchase price or compensation paid by the territorial authority.

          Compare
          • 1928 No 21 s 42(2)
          • 1972 No 132 s 8(1)
          Notes
          • Section 61(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).