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New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

84: Filing claims in District Court

You could also call this:

“How to tell the court about your land dispute”

You can file a claim in the District Court if you have a dispute about land that is being taken for public works. Here’s what you need to know:

After you or someone else has made a claim, you need to wait at least 30 working days. Then, you or the person you’re claiming against can go to the District Court closest to where the land is. You’ll need to take a copy of the claim and a special notice. This notice tells the court that you want a Tribunal to hear your claim.

The Tribunal won’t hear your claim right away. They’ll usually wait at least 45 working days after you file the notice at the court. But if both you and the other person agree, the Tribunal can hear the claim sooner.

Remember, the District Court you go to should be the one nearest to the land you’re talking about in your claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46931.

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83: Serving of claims, or

"How to properly send a claim for compensation under the Public Works Act"

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85: Tribunal may require claimant or respondent to state particulars, or

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Part 5 Compensation
The claim

84Filing claims in District Court

  1. At any time after the expiration of 30 working days after the service of any claim under section 83, either the claimant or the respondent may file in the District Court nearest to where the land is situated a copy of the claim together with a notice in the form set out in Schedule 4 that he requires the claim to be heard by the Tribunal; and unless both the claimant and the respondent consent, the Tribunal shall not hear the claim earlier than 45 working days after the date of filing in the court of that notice.

Compare
  • 1928 No 21 s 53