Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Entitlement

65: Compensation for land for which no general demand exists

You could also call this:

“Special money for rare land taken for public projects”

If your land is taken or bought for a public work, and it was used for something that not many people want or need, you might get special compensation. This is because it might be hard to find a similar piece of land to replace it.

In this case, you could get money based on how much it would cost to set up your land use somewhere else. However, this only applies if you really plan to do this.

You can only get this special compensation if you didn’t want to sell your land, or if you only agreed to sell because the government had already said they were going to take it.

The people who decide if you can get this compensation are either a special group called the Land Valuation Tribunal, or the Minister or local authority if your case isn’t being looked at by the Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46367.

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Part 5 Compensation
Entitlement

65Compensation for land for which no general demand exists

  1. Where land that is taken or acquired for a public work was devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, compensation may be assessed on the basis of the reasonable cost of equivalent reinstatement in some other place if the Land Valuation Tribunal or, in the case of any claim not before the Tribunal, the Minister or the local authority, is satisfied that such reinstatement is in good faith intended.

  2. No person shall be entitled to compensation under this section unless—

  3. he was not a willing party to the taking or acquisition; or
    1. he was a willing party to the taking or acquisition principally because the land had been notified.

      Compare
      • Land Compensation Act 1961 s 5(5) (UK)
      Notes
      • Section 65(1): amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).