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Public Works Act 1981

Grants of land, etc, in lieu of compensation

104: Tribunal may award easements as compensation

You could also call this:

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

When someone claims compensation because the government has taken their land for a public project, a special group called the Land Valuation Tribunal decides how much money they should get. Instead of just giving money, the government can offer other things to make up for the land they took. These could be rights to use or access other land in certain ways.

The Tribunal can decide if these offers are fair and if they should be given to the person claiming compensation. These offers might include things like being allowed to walk across a piece of land (called a right of way) or use part of it in some other way.

If the Tribunal thinks these offers are good enough, they can say that the person should get some or all of these rights instead of money. The person who gets these rights can also pass them on to other people who might own the property in the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46965.

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

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

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105: Granting of land as compensation where equivalent land not readily available, or

"Government gives you new land if they take yours and you can't find a similar place"

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

104Tribunal may award easements as compensation

  1. In any case where the amount of compensation to be paid to any claimant is determined by the Land Valuation Tribunal, the respondent may offer and the Tribunal may award to the claimant, his executors, administrators, assigns, and successors, in satisfaction or part satisfaction of the compensation claimed, 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; and the Tribunal may by its award declare which (if any) of such easements, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction or part satisfaction of his claim to compensation.

Compare
  • 1928 No 21 s 98