Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Entitlement

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

You could also call this:

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

When someone takes or buys part of your land to build something for public use, like a road or a park, you might worry about how it affects the rest of your land. This law says that when deciding how much money you should get to make up for any problems caused, they need to look at how the whole project affects your remaining land, not just the part they took. This means they’ll consider all the ways the new public project might impact your property, even the parts that aren’t on the land they used.

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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=DLM46365.

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63: Compensation for injurious affection where no land taken, or

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

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65: Compensation for land for which no general demand exists, or

"Special money for rare land taken for public projects"

Part 5 Compensation
Entitlement

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

  1. Where land is taken or acquired from any person for the purpose of constructing any public work which is to be situated partly on that land and partly on other land, compensation for injurious affection of the land retained by that person shall be assessed by reference to the effect of the whole of the public work on the land so retained and not only to the part situated on the land taken or acquired from that person.

Compare
  • Land Compensation Act 1973 s 44(1) (UK)
Notes
  • Section 64: amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).