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Public Works Act 1981

Grants of land, etc, in lieu of compensation

107: Provisions relating to grants of land in exchange

You could also call this:

“Rules for getting land as payment from the government”

When the government or a local authority gives you land as compensation, they can make you pay for any difference in value. This is called ‘equality of exchange’. Here’s how it works:

You and the authority can agree on how much you need to pay and when. If you can’t agree, you can ask a special group called the Land Valuation Tribunal to decide.

The money you owe becomes a debt, and the authority can put a charge on your land to make sure you pay. This means you can’t sell or do certain things with the land until you’ve paid.

When you get the new land, you’ll get a special certificate. This certificate will be used to update the land records. Sometimes, the new land can be combined with land you already own.

If the land you’re getting has any special rules or restrictions, these might apply to your new land too.

The authority has to tell the Chief Surveyor when you get the new land. They need to give your name, address, and job.

These rules help make sure that when you get land as compensation, everything is fair and properly recorded.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46969.

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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"

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107A: Grant of lease or licence as compensation, or

"Getting a new lease or licence instead of money when your land is taken for public use"

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

107Provisions relating to grants of land in exchange

  1. In granting to the person so entitled any land under section 105 or section 106, the Minister or local authority may enter into an agreement with that person for the repayment to the Crown or the local authority of any money agreed to be due by way of equality of exchange on such terms and conditions (including interest) as may be agreed upon by the notifying authority and that person.

  2. If no agreement can be reached under subsection (1) in respect of land to be granted under section 105, as to the amount due by way of equality of exchange or as to the terms and conditions of repayment of any money due, the Minister or the local authority, or the person to whom the land is proposed to be granted, may apply to the Land Valuation Tribunal to fix the value of the property proposed to be so granted or the value of the land taken or acquired, or both, or to determine the terms and conditions of repayment.

  3. Every application under subsection (2) shall be made in accordance with Part 5 as if the application were a claim for compensation under that Part; and the said Part 5 shall, with the necessary modifications, apply in respect of every such application accordingly.

  4. Any money agreed under subsection (1) to be so due, or fixed by the Tribunal under subsection (2), shall constitute a debt due to the Crown or the local authority and shall be a charge on the estate or interest in the land so granted to that person, and an instrument of charge may be registered against that land under the provisions of subpart 5 of Part 3 of the Land Transfer Act 2017.

  5. Except with the consent of the chief executive of the department within the meaning of the Survey Act 1986 or General Manager of Railways (where the money is due to the Crown) or the local authority (where the money is due to the local authority), no dealing in connection with any such estate or interest (other than a dealing which is not required to be executed by the registered owner) shall be registered while a charge under subsection (4) is registered against the land.

  6. For the purposes of subpart 5 of Part 3 of the Land Transfer Act 2017, notice of any charge under subsection (4) and any certificate releasing any such charge, and any consent under subsection (5), may be signed by the chief executive of the department within the meaning of the Survey Act 1986 or the General Manager of Railways, or local authority, as the case may require.

  7. On completion of such surveys (if any) as may be necessary, there shall be registered with the Registrar-General of Land a certificate by the Minister, Minister of Railways, or the local authority, as the case may require, in the form set out in Schedule 5.

  8. Upon receipt of a certificate from the Minister or the Minister of Railways, the Registrar-General of Land must, without payment of any fee,—

  9. if there is no record of title for the land, create a record of title for the land; or
    1. if there is a record of title for the land, update the record of title for the land.

      1. Repealed

      2. Every certificate issued under this section by a local authority shall be deemed to be a transfer instrument of the land described in it from the local authority to the person to whom the land is granted; and the Registrar-General of Land shall register it without fee.

      3. Subject to subsection (9C), any certificate issued under this section may contain a recital that the land to which the certificate relates shall be amalgamated with any other land in an existing record of title; and that recital shall be sufficient authority to the Registrar-General of Land to amend such record of title accordingly, without fee. On such amendment the land granted shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the record of title.

      4. Where any land is so amalgamated, the Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issuing of a record of title under this section, and may issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.

      5. Before including a recital in a certificate under subsection (9A), the Minister, Minister of Railways, or local authority, as the case may be, shall consult with the Registrar-General of Land as to whether or not it is practicable to amalgamate the land in an existing record of title and, if the Registrar-General of Land advises that it is not practicable to do so, no such recital shall be included in the certificate.

      6. If the Chief Surveyor considers it necessary or expedient or if in any case the Registrar-General of Land so requests, before any land is granted to any person under this section the Chief Surveyor shall allocate a new description to the land, and shall forward to the Registrar-General of Land a copy of the description, and the Registrar shall amend his records accordingly.

      7. The land comprised in a record of title issued pursuant to a certificate issued under subsection (8), if it is not already subject to the Land Transfer Act 2017, becomes subject to that Act as from the date fixed by the certificate as the date of acquisition of title to it, and that date is for all purposes deemed to be the ante-vesting date.

      8. Repealed

      9. Repealed

      10. Where any land acquired under this Act is subject to or has the benefit of any encumbrance, lien, or interest, and land is to be granted in exchange under this section, any record of title issued under this section, with the consent of the person to whom the land is to be granted, may show that the land to which the certificate relates is to be subject to or is to have the benefit of any such encumbrance, lien, or interest that is specified in the certificate.

      11. Every instrument creating or evidencing or affecting any such encumbrance, lien, or interest, and all covenants and other provisions expressed or implied therein, shall be construed as if the land for which the record of title is issued were the land, or (as the case may be) part of the land, to which the instrument relates.

      12. The Registrar-General of Land must record on the relevant record of title memorials showing that the land is affected by subsections (14) and (15) and the certificate.

      13. Where any land subject to any reservation or restriction is taken or acquired under this Act and land is to be granted under this section, the land so granted shall, unless the Minister or the Minister of Railways or the local authority otherwise directs, be issued subject to that reservation or restriction.

      14. Every certificate issued under this section shall be conclusive evidence to the Registrar-General of Land of the matters required or permitted by this section to be therein stated, and that all consents required under this section have been obtained.

      15. Within 1 month after the registration of a certificate under this section, the grantor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the grantee.

      Compare
      • 1928 No 21 ss 99, 101H(5)–(10)
      • 1976 No 165 s 4
      Notes
      • Section 107(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(5): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
      • Section 107(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(6): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
      • Section 107(7): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(7): amended, on , by section 4(1) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(8): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(8A): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(9): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(9A): inserted, on , by section 4(4) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(9A): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(9B): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(9C): inserted, on , by section 4(4) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(9C): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(10): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(10): amended, on , by section 4(5) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(11): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(12): repealed, on , by section 4(6) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(13): repealed, on , by section 4(6) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(14): substituted, on , by section 4(7) of the Public Works Amendment Act 1983 (1983 No 150).
      • Section 107(14): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(15): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(16): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 197(18): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 107(19): added, on , by section 4(8) of the Public Works Amendment Act 1983 (1983 No 150).