Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Entitlement

63: Compensation for injurious affection where no land taken

You could also call this:

“Compensation for serious damage to your land from nearby public works, even if no land was taken”

If a public work is built and it seriously affects your land in a negative way, you might be able to get compensation. This applies even if none of your land was taken for the public work. However, there are some important things to know about this:

The negative effect must be caused by the construction of the public work, not by its ongoing maintenance or operation. It also can’t be because of changes in traffic due to new or improved roads.

You would need to have a valid legal claim against the government or local council for the negative effects on your land. The government or council will pay you compensation based on how much your land has been affected.

When deciding if you have a valid legal claim, any special protections or immunities that the government or council might usually have don’t count.

You can’t claim compensation if the construction that caused the problem started before you bought the affected land.

The government (through the Minister) or the local council will be responsible for paying the compensation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM46362.

Previous

62: Assessment of compensation, or

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

Next

64: Compensation for injurious affection to be assessed by reference to whole work, or

"Figuring out how much money you get when a big project affects your land"

Part 5 Compensation
Entitlement

63Compensation for injurious affection where no land taken

  1. Where—

  2. substantial injurious affection to a person's land is caused by the construction (but not the maintenance or operation) of a public work; and
    1. the injurious affection is not caused by changes of traffic flows arising out of the opening of any new road or motorway or the widening, upgrading, or deviation of an existing road; and
      1. there would exist a right of action at common law in respect of the injurious affection by the owner of the land against the Crown or the local authority, as the case may require,—
          1. the Crown (acting through the Minister) or local authority shall compensate that person to such extent as the injurious affection warrants.

        1. In determining the existence of any right of action for the purposes of subsection (1)(c), the existence of any statutory authority or immunity that may be available to the Crown or local authority shall be disregarded.

        2. The provisions of this section shall not apply where construction of that part of the public work which causes the injurious affection has been commenced before the claimant acquired the land that is injuriously affected.

        Notes
        • Section 63(1): amended, on , by section 19(a) of the Public Works Amendment Act 1988 (1988 No 43).
        • Section 63(2): amended, on , by section 19(b) of the Public Works Amendment Act 1988 (1988 No 43).