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Public Works Act 1981

Compensation - The claim

82: Particulars to be inserted in claim

You could also call this:

“What to include when asking for money after your land is taken”

When you want to get compensation, you need to give the person or organisation you’re claiming from (called the respondent) a written claim. You can find the form for this claim in Schedule 3 of the law. In your claim, you need to tell them:

What land was taken or affected, how much of it, and what it’s like. You also need to say how the land belongs to you. If someone else has rights to use the land or if you owe money on it, you need to explain that too.

Where they can find the official notice that says the land was taken. This might be in a government publication called the Gazette.

Everything you want compensation for, with lots of details about why and how much.

The total amount of money you’re asking for.

If you’ve already received any money, how much it was and when you got it.

Your full name and address. They’ll use this address to send you information unless you tell them a new one.

If you’re asking for more than $1,000 because of how much your land is worth, you need to include a report from a registered valuer. This is someone whose job it is to figure out how much land is worth.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46927.

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Part 5 Compensation
The claim

82Particulars to be inserted in claim

  1. In order to obtain compensation the claimant shall serve upon the respondent a claim in writing, in one of the forms in Schedule 3, stating—

  2. the several areas and descriptions of the land taken or to be taken or injuriously affected or damaged in respect of which he makes his claim, and the nature and particulars of his interest therein; and if he claims as owner and the land is encumbered, leased, or subject to any easement, he shall give particulars of that encumbrance, lease, or easement:
    1. the reference to any Gazette or other notice of taking of the land:
      1. each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim:
        1. the total amount claimed:
          1. the amount and date of any advance payment:
            1. his full name, together with his address, which address shall be deemed to be his address for service unless he gives written notice to the respondent of a change of address.

              1. The claim shall, if it relates to the value of land and is for a sum of compensation in excess of $1,000, be accompanied by a valuation report signed by a registered valuer.

              Compare
              • 1928 No 21 s 51(1)