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Public Works Act 1981

Compensation - The award

96: When title doubtful compensation, etc, to be paid to Public Trust

You could also call this:

“When it's not clear who should get money for land, Public Trust helps keep it safe until it's sorted out”

When there’s uncertainty about who should receive compensation or money for land under this law, there are different rules depending on the amount and how it was decided.

If the Land Valuation Tribunal awards more than $1,000, the person who has to pay can give the money to Public Trust within 45 working days. Public Trust will then handle the money as the High Court decides when someone involved asks them to.

For agreed payments over $1,000, the Minister or local authority can pay it to Public Trust. The High Court can then decide what to do with it when someone involved asks, and Public Trust will follow those instructions.

The High Court can also decide who pays for any costs related to the case, whether it was in the Tribunal or the High Court. They can change any previous decision about costs made by the Tribunal.

For smaller amounts of $1,000 or less, whether awarded or agreed, the Minister or local authority can pay it directly to the people who should receive the money from the land, or to Public Trust to distribute as they think is best.

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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=DLM46945.

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95: Finality of award and enforcement, or

"The decision on payment is final, but getting the money might take extra steps"

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97: Compensation in case of limited interests, etc, or

"Compensation rules for partial land interests or damaged land"

Part 5 Compensation
The award

96When title doubtful compensation, etc, to be paid to Public Trust

  1. If any doubt or dispute arises as to the right of any person to receive any compensation awarded under this Act, or any purchase money or compensation agreed to be paid by the Minister or a local authority under this Act,—

  2. in the case of compensation exceeding $1,000 awarded by the Land Valuation Tribunal, the respondent may, within the period of 45 working days after the award has been filed in the High Court, cause the sum awarded to be paid to Public Trust; and Public Trust shall deal with and apply the money in such manner and shall pay it to such persons as the High Court, upon the application of any of the parties interested, may order:
    1. in the case of purchase money or compensation exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay the money to Public Trust; and the High Court may make such order in relation to it, upon the application of any of the parties interested, as it thinks just and proper; and Public Trust shall deal with and pay such purchase money or compensation in accordance with that order:
      1. in any case which may be heard or disposed of by the High Court under this section, that court may order that all or any costs incurred in or in relation to the case, either before the Tribunal or the High Court, shall be paid by such of the parties, whether claimant, respondent, or a person so interested, or that such costs be apportioned between such parties in such manner respectively as the High Court may order; and that court may vary or revoke any order previously made by the Tribunal as to costs:
        1. in the case of compensation not exceeding $1,000 awarded by the Tribunal, or purchase money, or compensation not exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay it to the parties entitled to the rents and profits of the land or to Public Trust to be disbursed by it as it thinks fit.

          Compare
          • 1928 No 21 s 91
          Notes
          • Section 96 heading: amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
          • Section 96(a): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
          • Section 96(b): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
          • Section 96(d): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).