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New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

78: Limitation of time for claiming compensation

You could also call this:

“Time limit for asking for money when the government affects your property”

You have two years to ask for money if the government takes your land or does something that affects your property. This time starts from when they officially take the land or finish the work that caused the problem.

When we say ‘finish the work’, we mean when the part of the project that’s causing the problem is done. It’s finished when doing more work won’t make the problem better or worse.

If you need more time to make your claim, you can ask the Minister or local authority for up to six years instead of two. You can ask for this extra time before or after the two years are up.

For problems caused by irrigation works, like races or dams, the two-year period starts when they first fill the works with water to the level they plan to use.

If you’re not happy with the Minister or local authority’s decision about giving you more time, you can ask a special group called the Tribunal to look at it. What the Tribunal decides is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46917.

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77: By whom compensation may be claimed, or

"Who can ask for money when the government takes land"

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79: Minister or local authority may take proceedings to determine compensation if person entitled fails to make claim, or

"Government can start process to decide your compensation if you don't claim it"

Part 5 Compensation
The claim

78Limitation of time for claiming compensation

  1. Subject to the provisions of this or any other Act, a claim for compensation under this Act or any former Act relating to public works shall not be made (in respect of any land taken) after a period of 2 years after the date of the Proclamation or declaration taking the land, or (in respect of any other claim under this Act) after a period of 2 years after the execution of the works or the exercise of the power out of which such claim has arisen or may arise.

  2. For the purposes of this section the term execution of the works means the completion of the construction of any portion of a work where that portion in itself (and without reference to any other part of the work) causes the damage or injurious affection; and that portion of the work shall be deemed to be completed when anything further that may be required to be done to finish it will have no effect either to increase or lessen the damage or injurious affection.

  3. Either period of 2 years referred to in subsection (1) may, on application made either before or after the expiration of that period, be extended by the Minister or local authority, as the case may be, upon or subject to such conditions as he or it thinks fit, to such period (not exceeding 6 years after the date of the Proclamation or declaration taking the land or the date of execution of the work or the exercise of the power, as the case may require) as the Minister or local authority thinks fit.

  4. The period of 2 years referred to in subsection (1) shall, in the case of a claim in respect of damage arising out of the execution or operation of any irrigation works, be deemed to be a period of 2 years after the day on which the race or dam or other part of the works which in itself causes the damage is first filled for irrigation purposes to the level intended to be normal.

  5. Any applicant under subsection (3) who is dissatisfied with any decision made by the Minister or local authority under that subsection may appeal to the Tribunal in respect of that matter and the decision of the Tribunal shall be final.

Compare
  • 1928 No 21 s 45
  • 1939 No 39 s 63
  • 1944 No 31 s 30