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New Zealand law explained for everyone

Public Works Act 1981

Compensation - Additional compensation

76: Refund of expenses where acquisition of land abandoned

You could also call this:

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

If you own land that the government or local council was thinking about buying for a public project, but then they changed their minds, you might be able to get some money back. This can happen in a few ways:

  1. If they told everyone they might buy your land, but then cancelled that notice.
  2. If they officially said they were taking your land, but then took that back.
  3. If they started talking to you about buying your land, but then stopped.

In these cases, you can ask for money to cover the costs you had because of what they did. This could be things like lawyer fees or other expenses you had to pay.

But remember, you need to ask for this money within 6 months of when they told you they weren’t going to buy your land anymore. If you wait too long, you might not be able to get the money back.

The government or council will look at your request and pay you back for the reasonable costs you had because of their actions.

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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=DLM46913.

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Part 5 Compensation
Additional compensation

76Refund of expenses where acquisition of land abandoned

  1. Subject to subsection (2), where—

  2. land has been notified in any of the ways described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of the definition of the term notified in section 59, and the notification has subsequently been cancelled or withdrawn; or
    1. a Proclamation or declaration has been revoked under section 54; or
      1. the Minister or a local authority has initiated negotiations for the acquisition for a public work of any land not previously advertised or available for sale, and the Minister or local authority discontinues the negotiations—
          1. the notifying authority, the Minister, or the local authority, as the case may be, shall, on receiving an application in that behalf from the owner of the land, pay to the owner such sum of money as will fairly reimburse him for the actual and reasonable costs and expenses incurred by him as a direct result of the notification, the issue of the Proclamation or declaration that has been revoked, or the initiation of the negotiations, as the case may be.

        1. Payment shall not be made under this section unless the application for payment is made by the owner of the land to the notifying authority, or to the Minister or local authority, before the expiry of 6 months after the date on which the notification was cancelled or withdrawn, the Proclamation or declaration was revoked, or the owner was advised that negotiations would be discontinued, as the case may be.

        Compare
        • 1928 No 21 s 101D
        • 1970 No 145 s 6(1)
        Notes
        • Section 76(1)(c): amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).