Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

81: Public Trust may be ordered to represent infants, absentee owners, etc

You could also call this:

“Court can let Public Trust help make land decisions for people who can't do it themselves”

This law is about what happens when someone needs to make an agreement about land, but they can’t do it themselves. This might be because they are too young, have a mental disorder, or can’t be found.

If this happens, the Minister or local authority can ask the District Court to let Public Trust act for that person. Public Trust is an organisation that helps manage people’s money and property.

Once the court agrees, Public Trust can make agreements about the land or ask for money (compensation) on behalf of the person. They can do this even if other laws or documents say they can’t.

If Public Trust and the Minister or local authority can’t agree on how much money should be paid, Public Trust can make a claim for the person. The usual time limits for making claims don’t start until the court has given Public Trust permission to act.

Any money that is paid because of these agreements or claims goes to Public Trust. They will look after it according to another part of this law (section 96).

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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=DLM46922.

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Part 5 Compensation
The claim

81Public Trust may be ordered to represent infants, absentee owners, etc

  1. If any person with whom it is desired to enter into an agreement under section 17 or section 18, or if any person who has or will have any right or title to claim compensation under this Act, is—

  2. an infant, a mentally disordered person, a person under some other legal disability, or a beneficiary under a trust, not having a guardian, manager, or trustee; or
    1. of unknown whereabouts and has no known agent; or
      1. unknown—
          1. and in the absence of steps taken to appoint a person to represent that person, the Minister or the local authority may, after notifying Public Trust, apply to the District Court for an order authorising Public Trust to act as if it were the legal guardian, manager, trustee, or agent, as the case may require, of that person.

        1. On the making of such an order Public Trust shall for the purposes of this Act be deemed to be the legal guardian, manager, trustee, or agent of the person in respect of whom the order was made and, notwithstanding the provisions of any Act, rule of law, deed, or other instrument, may enter into an agreement with the Minister or local authority for the acquisition of the land under section 17 or section 18 or for the payment of the purchase price or compensation.

        2. If Public Trust is unable to reach agreement with the Minister or local authority on the compensation to be paid it may, on behalf of any person referred to in subsection (1), make and pursue a claim in accordance with the provisions of this Part for any compensation payable under this Act.

        3. In any case to which subsection (3) applies, any period of time prescribed by or under this Act in respect of any such claim shall not commence to run before the date on which the order was made under subsection (1).

        4. Any compensation payable pursuant to any such agreement with or claim by Public Trust shall be paid to Public Trust and shall become subject to the provisions of section 96.

        Compare
        • 1928 No 21 ss 48, 49
        Notes
        • Section 81 heading: amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 81(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 81(1): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 81(2): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 81(3): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 81(5): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).