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Public Works Act 1981

Compensation - Additional compensation

75: Compensation for tenants of residential and business premises

You could also call this:

“Money for renters who have to move because of government projects”

If you are a tenant living in a place that has been notified for public works, you might be able to get some money to help you move. This can happen if you were living there when it was notified, and you had started renting before the government took over the land. You need to have lived there the whole time until you had to move out.

If you want this money, you need to ask the authority that notified the land. They can choose whether to give it to you or not. If they say yes, here’s what you might get:

If you lived there as your home, you can get money back for moving your things to a new place. They’ll pay for moving up to 80 kilometres away, or further if you need to go that far to find a new place. You can also get money if your carpets or soft furnishings were ruined or lost value because of the move.

If you used the place for business, you can get money back for moving your equipment, machinery, and stock. Again, they’ll pay for moving up to 80 kilometres, or further if needed.

To get this money, you need to tell the authority at least 10 working days before you move. After you move, you have two months to ask for the money.

This help is for different kinds of tenants, including people who rent week by week, month by month, or under the Residential Tenancies Act 1986. It also includes some other types of tenants defined in the Property Law Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46912.

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"Help to buy a new farm or business if the government takes yours"

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"Getting your money back when the government changes plans about buying your land"

Part 5 Compensation
Additional compensation

75Compensation for tenants of residential and business premises

  1. Subject to the provisions of this section, where—

  2. any land has been notified; and
    1. the land was, on the date on which it was notified, occupied by a tenant; and
      1. the tenant was on that date in occupation of the land under a tenancy agreement which commenced before the land was taken or otherwise acquired by the notifying authority; and
        1. the tenant occupied the land continuously from that date to the date on which he vacated the land so that vacant possession could be given to the notifying authority—
            1. there may, in the discretion of the notifying authority, be paid to the tenant by the authority such compensation as is provided for in subsection (2), on receiving an application in that behalf from the tenant.

          1. Subject to subsection (3), the amount of compensation payable under subsection (1) shall be—

          2. in the case of a tenant who occupied the land for residential purposes, such sum of money as will fairly reimburse the tenant for—
            1. the actual and reasonable costs incurred by him in transporting his goods and chattels and those of his family to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution:
              1. the value or loss in value of any floor coverings and soft furnishings that have been necessarily abandoned or spoilt or become less valuable as a result of moving to such other accommodation:
              2. in the case of a tenant who occupied the land for other purposes, such sum of money as will fairly reimburse him for the actual and reasonable costs incurred by him in transporting his equipment, plant, and stock to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution.

                1. Compensation shall not be paid under this section unless—

                2. not less than 10 working days' notice of the proposed move has been given by the tenant to the notifying authority; and
                  1. application for payment by the tenant is made to the notifying authority before the expiry of 2 months after the date on which the transport costs were incurred or on which the abandonment or spoiling of floor coverings or soft furnishings occurred, as the case may be.

                    1. In this section, tenant means a person who has—

                    2. a weekly tenancy agreement; or
                      1. a monthly tenancy agreement; or
                        1. a tenancy to which the Residential Tenancies Act 1986 applies; or
                          1. a statutory tenancy (as defined in section 207 of the Property Law Act 2007).

                            Compare
                            • 1928 No 21 s 101E
                            • 1970 No 145 s 6(1)
                            Notes
                            • Section 75(1)(b): amended, on , by section 196(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 75(4): inserted, on , by section 196(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).