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New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

80: Accelerating hearing of compensation claims

You could also call this:

“Getting paid quickly when the government wants your land”

You can ask for money if the government wants to take your land for a public project, even if they haven’t officially taken it yet. This can happen in three situations:

  1. If the government has told you they might take your land.
  2. If they’ve finished the part of the project that affects how much of your land they need or how it might damage your property.
  3. If you and the government have agreed to the land being taken and to figure out the payment later.

If the government has told you they might take your land, you can ask them in writing if they’re really going to do it. If they say yes, or if one of the other two situations applies, you can start asking for money. This means you’re okay with them taking your land, as long as they pay you fairly.

If the government doesn’t answer you after three months, you can tell them that you either agree to them taking your land (and you’ll figure out the payment later), or you want to cancel their earlier notice about maybe taking your land.

When you ask for money this way, it means you’re not fighting against the project anymore. You can’t try to stop or slow down the work.

If the government hasn’t officially taken your land when your case goes to court, they need to tell the court what land they plan to take. The court will then decide how much money you should get as if the land had already been taken.

You might need to change some forms when you ask for money this way, to make sure they fit your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46920.

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Part 5 Compensation
The claim

80Accelerating hearing of compensation claims

  1. A claim for compensation in respect of the taking of any land of any person for any public work shall lie and may be enforced in accordance with the provisions of this Act notwithstanding that no Proclamation or declaration taking the land has issued if—

  2. the Minister or the local authority has issued a notice under section 18(1)(a) in respect of the land; or
    1. the execution has been completed of every portion of the work which will affect the amount of the land of that person which will have to be taken for the work or which will injuriously affect or damage the land of that person; or
      1. the Minister or local authority and the owner of the land to be taken for any work have agreed to the land being taken and to the compensation being assessed in accordance with this Part.

        1. In any case to which subsection (1)(a) applies, the claimant shall by notice in writing require the Minister or local authority to indicate whether the Minister or local authority intends to proceed with the acquisition of the claimant's land.

        2. If the Minister or local authority confirms the intention to acquire the land or if paragraph (b) or paragraph (c) of subsection (1) applies, the claimant shall proceed with the claim under this section and the making of such a claim shall operate for the purposes of section 17 as an agreement by the claimant under section 17 to the claimant's estate or interest in that land being taken subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part.

        3. If at the expiration of a period of 3 months from the date on which the notice pursuant to subsection (2) was given to the Minister, or local authority—

        4. the Minister or local authority has not indicated in writing the intention to proceed with the acquisition of the claimant's land; or
          1. the notice given under section 18(1)(a) has not been withdrawn or has not lapsed,—
              1. then the claimant may advise the Minister or local authority in writing that the notice given under subsection (2) is to constitute—
            1. an agreement by the claimant to the claimant's estate or interest in that land being taken, subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part; or
              1. a withdrawal of the notice given in respect of the claimant's land under section 18(1)(a).

                1. In any case to which subsection (1)(b) applies, the making of a claim under this section in respect of any land to be taken shall operate, for the purposes of section 17, as an agreement by the claimant to the claimant's estate or interest in that land being taken subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part.

                2. Any requirement or claim made under this section shall—

                3. operate to automatically withdraw any objection made by the claimant under section 23 to the taking of the same land; and
                  1. prevent the commencement or prosecution of any proceedings by or on behalf of the claimant to prevent or delay the execution of the work or the taking of the land which is the subject of the requirement or claim made under this section.

                    1. If a Proclamation or declaration taking or acquiring the land has not been issued when the Land Valuation Tribunal commences to hear any claim made under this section, the Minister or the local authority shall, at the commencement of the hearing, notify as nearly as may be what land (if any) is proposed to be taken; and the Tribunal shall hear the claim and assess compensation as if that land had been so taken.

                    2. For the purpose of any claim made under this section the forms prescribed in Schedules 3 and 4 may be varied to such extent as may be necessary to express the circumstances of the claim.

                    Notes
                    • Section 80: substituted, on , by section 11(1) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).