Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

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

You could also call this:

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

If you have the right to claim compensation for something related to public works, but you haven’t made a claim after three months, the Minister or local authority can take action. They can send you a written notice saying they plan to ask the Land Valuation Tribunal to decide how much compensation (if any) you should get.

After sending this notice, they’ll wait four more months. If you still haven’t made a claim by then, they can ask the Tribunal to decide on your compensation. The Tribunal might give you extra time if you ask for it.

If the Minister or local authority does ask the Tribunal to decide, they must tell you about it at least two months before the hearing. You can then file your own claim up to 20 working days before the hearing. You can also come to the hearing to explain your side.

The Tribunal will listen to everyone involved and look at all the information. If you didn’t file a claim but you show up at the hearing, the Minister or local authority can ask for more time to look into what you say.

Sometimes, if it makes sense, the Tribunal can look at more than one of these cases at the same time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM46919.

Previous

78: Limitation of time for claiming compensation, or

"Time limit for asking for money when the government affects your property"

Next

80: Accelerating hearing of compensation claims, or

"Getting paid quickly when the government wants your land"

Part 5 Compensation
The claim

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

  1. At any time after the expiration of 3 months after the date on which any person has acquired any right to make a claim for compensation, if that person has failed to make the claim, the Minister or the local authority may give notice in writing to that person of his or its intention, after the expiration of 4 months after the date on which the notice is given, to apply to the Land Valuation Tribunal to determine what amount of compensation (if any) shall be paid to that person in respect of the matters and land specified in the notice, and in respect of all claims arising at or about the same time which the claimant may have.

  2. If after the expiration of that period of 4 months and of any extension of it which the Tribunal may allow on application made to it in that behalf within that period, the person to whom the notice has been given has failed to make the claim in accordance with section 82, the Minister or the local authority, as the case may be, may apply to the Land Valuation Tribunal to determine what amount of compensation (if any) shall be paid to that person in respect of the matters and land specified in the application, and to fix a suitable date for the hearing of the application.

  3. If application is made to the Tribunal under this section, notice of the application shall be given not less than 2 months before the date of the hearing of the application to the person whose rights are to be determined thereby, and that person may—

  4. not less than 20 working days before the date fixed for the hearing of the application, file in the office of the Tribunal nearest to the place where the land is situated, and serve on the applicant, particulars of the claim (if any) which he makes in respect of the matters and land to which the application relates:
    1. appear and be heard on the application or claim so filed.

      1. Subject to the provisions of this section, the Tribunal shall proceed to hear the parties and to examine the claim (if filed), or if no claim is filed to examine the application as if it were a claim duly made by the person to whom the application relates, but if no claim has been filed in accordance with subsection (3)(a), but the person whose rights are to be determined has appeared and been heard, the applicant shall be entitled to an adjournment for a reasonable period if he or it wishes to make any further investigation of any matter arising in the claimant's evidence.

      2. If the circumstances render it desirable to do so, the Tribunal may hear together 2 or more applications under this section.

      Compare
      • 1954 No 85 s 2