Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

86: Third party notice

You could also call this:

“Telling someone else they might need to pay for part of a public works claim”

If you have been asked to pay for something in a public works claim, and you think someone else should actually pay for some or all of it, you can tell that person about it. You do this by giving them a special notice. This notice explains why you think they should pay. You also need to give a copy of this notice to the nearest District Court.

Once you give this notice to the other person, they become part of the case. They have the same rights and responsibilities as you do in the case. They can do the same things you can do, and they have to follow the same rules as you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46933.

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Part 5 Compensation
The claim

86Third party notice

  1. If the respondent considers that he or it is entitled to an indemnity from a third party in respect of the whole or any part of the claim, the respondent may serve upon that party a notice setting out the grounds of the claim to the indemnity and shall file a copy of it in the District Court nearest to where the land is situated.

  2. The third party shall, as from the time of the service of the third party notice upon him, be a party to the action with the same rights, powers, obligations, and duties as the respondent.