Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Grants of land, etc, in lieu of compensation

106: Granting of land as compensation in other cases

You could also call this:

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

You can receive land as compensation if the government takes or uses your land for public projects. This can happen even if the usual rules don’t allow it. The government might offer you Crown land or land that was meant for public use. But you need to agree to this arrangement.

If the government wants to give you Crown land, they need permission from the Minister who is in charge of that land. This is to make sure the land can be given away.

This rule applies when the government takes your land, damages it, or affects it negatively because of a public project. It’s a way for the government to pay you back, either in full or in part, without using money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46968.

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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"

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107: Provisions relating to grants of land in exchange, or

"Rules for getting land as payment from the government"

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

106Granting of land as compensation in other cases

  1. Notwithstanding anything in section 62 or section 105, there may be granted, with the agreement of the person entitled, in payment or satisfaction or in part payment or part satisfaction of the compensation payable to that person, for any land taken or acquired for a public work, or for any damage done or injurious affection caused by reason of the construction or use of a public work, any Crown land or any land held for any public work.

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

Compare
  • 1928 No 21 s 99(1)