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Public Works Act 1981

Grants of land, etc, in lieu of compensation

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

You could also call this:

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

If you own a house or land that the government needs for a public project, they might have to take it from you. This is called ‘acquiring’ your property. If this happens, and you can’t easily find a similar place to live or continue your activities, the government has to try to give you a different piece of land as payment.

This new land could be:

  • Land owned by the government that they’re allowed to give away
  • Land that was used for a public project before but isn’t needed anymore
  • Land that the government bought and built on specially for situations like this

For you to get this land swap, you need to meet some conditions:

  • You (or your spouse) must have owned the property when the government said they needed it
  • You must still own it when they actually take it
  • You didn’t want to give up your land, or you only agreed because the government said they needed it

The new land they give you should be about the same as what you had before. If it’s government land, a Minister has to agree to give it to you.

If you think you should get a land swap but the government isn’t offering one, you can ask a special group called a Tribunal to make the government do it. If the Tribunal thinks it’s fair, they can order the government to give you new land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46966.

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

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106: Granting of land as compensation in other cases, or

"Government can give you land instead of money when they use your property"

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

105Granting of land as compensation where equivalent land not readily available

  1. Notwithstanding anything in section 62, where any land which has been notified and which—

  2. contains a dwelling which was occupied by the owner as a private residence for himself and his family (if any) immediately before the giving of vacant possession; or
    1. was used by the owner personally for any purpose—
        1. is taken or acquired for the public work for which it was notified, and land reasonably equivalent to that so taken or acquired is not readily available on the market for sale or other disposition to the owner at a reasonable price for the re-establishment in the same area of his place of residence or other activity, the notifying authority, with the agreement of the owner, shall take all reasonable steps to grant to the owner in payment or satisfaction or part payment or satisfaction (subject to payment by way of equality of exchange where appropriate) of the compensation to which the owner may otherwise be entitled—
      1. Crown land or other land of the notifying authority not subject to any restriction on sale or other disposition; or
        1. land held for any public work which is no longer required for any public work or which is no longer required for any purpose incidental to any public work; or
          1. land acquired, and developed or built on under section 21.

            1. Subsection (1) shall not apply in respect of the owner of any land unless the owner—

            2. was the owner, or the spouse of the owner, of the land so taken or acquired on the date on which it was notified, or where the owner has died since that date, was the person beneficially interested in the land; and
              1. was the owner of the land on the date on which the land was so taken or acquired by the notifying authority; and
                1. was not a willing party to the taking or acquisition of the land, or was a willing party to the taking or acquisition principally because the land had been notified.

                  1. Any land granted under subsection (1) shall be reasonably equivalent to the land so taken or acquired.

                  2. No Crown land shall be granted under subsection (1) without the consent of the Minister having control of that land.

                  3. The owner of any land that has been notified may apply to the Tribunal for an order requiring the notifying authority to take action in accordance with subsection (1).

                  4. If the Tribunal is satisfied that the owner is a person to whom subsection (1) applies, and that it would be just and proper to do so, it may order the notifying authority to act in accordance with that subsection.

                  Compare
                  • 1928 No 21 s 101H(1)–(3)
                  • 1976 No 165 s 4
                  Notes
                  • Section 105(1): amended, on , by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).