Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Entitlement

71: Claimant's acts making execution of work more costly

You could also call this:

“Extra costs if you make public works harder after being told about them”

This law is about what happens if you make it harder or more expensive for the government to do public work on your land. The ‘relevant date’ is when you were told about the work.

If you do something on your land after the relevant date that makes the work harder or more expensive, you might get less money for your land. The Land Valuation Tribunal will decide this. If what you did makes the work cost more than your land is worth, you might have to pay the government.

You can do normal repairs on your land without losing money. This means spending up to 15% of your land’s value on repairs every three years.

If you want to do something on your land that might affect how much money you get, you can ask for permission. You need to write a letter explaining what you want to do and where. You send this letter to different people depending on what kind of work is being done on your land.

If you don’t hear back within three months, you can do what you asked about. If they say no, you can appeal to the Environment Court. The Environment Court’s decision is final.

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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=DLM46379.

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Part 5 Compensation
Entitlement

71Claimant's acts making execution of work more costly

  1. For the purposes of this section, the term relevant date means—

  2. the date on which notification was given under section 18(1)(a); or
    1. the date on which a requirement was notified under section 167 of the Resource Management Act 1991,—
        1. as the case may be.

      1. If the Land Valuation Tribunal considers that the claimant in respect of any land taken or acquired for a public work has at any time after the relevant date done anything on or under the land with the purpose and effect of rendering the execution of the work more difficult or costly, the Tribunal shall take into account, by way of deduction from the amount of compensation to be awarded, any increase in the cost of executing the work caused or likely to be caused thereby; and if the Tribunal considers such increase in cost exceeds the value of the land taken, the award shall be for the payment by the claimant to the respondent of the amount of such excess and the costs of the inquiry.

      2. The carrying out of repairs or maintenance to any improvements on the land to a value not exceeding, in any 3-yearly period, 15% of the value of the improvements on that land as shown on the valuation roll for the district, shall for the purposes of this section be deemed not to have been done with the purpose and effect of rendering the execution of the work on that land more difficult or costly.

      3. Where any such claimant has at any time after the relevant date done anything on or under the land with the effect of rendering the execution of the work more difficult or costly he shall be presumed to have done so with that purpose unless he proves that in so doing he took reasonable precautions to avoid that effect.

      4. If the owner or occupier of any land wishes to do anything on or under the land which may cause the amount of compensation payable to him to be reduced under this section, he may apply for permission to do that thing on or under his land. Every such application shall specify what the applicant wishes to do, on what part of his land he proposes to do it, and the address to which any reply to him may be sent. Every such application shall be made in writing sent by post in a registered letter addressed in accordance with the following requirements:

      5. in the case of any land that is affected by a notice or a Proclamation defining the middle line of a railway that has been made or attested by the Minister of Railways or that is affected by a notice of intention to take that has been issued under the hand of the Minister of Railways, it shall be addressed to the Railways District Engineer of the district in which the land is situated:
        1. in the case of any land that is affected by any other Government work, it shall be addressed to the chief executive of the department within the meaning of section 2 of the Survey Act 1986 for the district in which the land is situated:
          1. in the case of any land that is affected by any local work, it shall be addressed to the local authority.

            1. If on receiving any such application the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority so requires, the applicant shall—

            2. supply plans to the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority, as the case may be, and place pegs in the ground, to show exactly what part of the land will be affected by the proposals; and
              1. notify the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority, as the case may be, when he has so placed the pegs in the ground—
                  1. and for the purposes of subsection (7), the period between the date of any such requirement and the date of compliance with it shall not be taken into account.

                1. The Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority may decline any application so made to him or it; and every such application that is not declined by notice in writing given to the applicant within 3 months after the date of the receipt of the application (exclusive of any period which is not to be taken into account in accordance with subsection (6)) shall be deemed to have been granted, and anything done on or under the land after approval of that thing has been granted or is deemed to have been granted shall not be subject to the provisions of this section. Notice under this subsection may be given to any applicant by delivering it to him personally or by sending it to him by post in a registered letter addressed to him at the address specified in his application.

                2. Any person whose application is declined under subsection (7) may, within 15 working days after the receipt by him of the notice declining the application, appeal to the Environment Court against the declining of his application.

                3. Every such appeal shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act.

                4. The decision of the Environment Court on any such appeal shall be final and binding.

                Compare
                • 1928 No 21 s 81
                • 1948 No 39 s 21
                • 1952 No 58 s 9
                Notes
                • Section 71(1): substituted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                • Section 71(1)(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 71(2): amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
                • Section 71(5)(b): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 71(6): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 71(6)(a): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 71(6)(b): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 71(7): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 71(8): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 71(9): substituted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                • Section 71(9): 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 71(9): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 71(10): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).