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Public Works Act 1981

Grants of land, etc, in lieu of compensation

103: Minister or local authority may grant easements, etc, in lieu of compensation

You could also call this:

“Government can give you special land rights instead of money for using your property”

If you agree on the amount of money you should get when the government or local council wants to use your land for a public project, they can offer you something else instead of money. This could be a right to use part of the land in a certain way, like walking across it or living on it. They can also give you other special permissions to use the land. These rights can be given to you, your family, or anyone you choose in the future. This can be done instead of paying you all or some of the money they agreed on. This applies to land that has been taken or set aside for public projects.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46964.

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102: Funds from which compensation to be paid, or

"Where the money for compensation comes from"

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104: Tribunal may award easements as compensation, or

"Tribunal can give land-use rights instead of money when government takes your land"

Part 6 Grants of land, etc, in lieu of compensation

103Minister or local authority may grant easements, etc, in lieu of compensation

  1. In any case where the amount of compensation or purchase money to be paid to any person is determined by agreement between that person and the Minister or a local authority, the Minister or that local authority may agree to grant to that person, his executors, administrators, assigns, and successors, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work, in satisfaction or part satisfaction of the compensation claimed by that person.

Compare
  • 1928 No 21 s 97