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Public Works Act 1981

Surveys and investigations

111: Powers of entry for other survey and investigation purposes

You could also call this:

“The government can check out land for public works, but they need to tell you first”

When the government or a local council wants to do a public work or plan one, they can send someone to look at land. This person can go onto the land to do surveys or investigations. They can bring helpers, vehicles, and equipment. They can also dig holes, take samples, put up temporary buildings, and mark out where work might happen.

Before they do this, they must tell the owner and anyone living on the land. They need to give 10 working days’ notice in writing. The notice must say when they’re coming, what they’re going to do, and that the owner or occupier might get compensation. It also needs to tell the owner or occupier that they can object to this.

The person coming onto the land must be able to prove who they are and that they’re allowed to be there.

If you own or live on the land and don’t want this to happen, you can go to the nearest District Court within 10 working days of getting the notice. You need to tell the government or council first. The court can then ask someone from the government or council to come and explain why they need to do the survey or investigation.

If the court thinks the survey or investigation isn’t needed or is unreasonable, it can stop it from happening. Or it can say how it should be done and put limits on what can be done. Everyone has to follow what the court decides.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46998.

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110: Powers of entry for certain survey purposes, or

"You can go on land to check it out for public projects"

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111A: Powers of entry for survey and investigation purposes other than by Minister or local authority, or

"Rules for companies entering private land for surveys"

Part 7 Surveys and investigations

111Powers of entry for other survey and investigation purposes

  1. Subject to subsections (2) to (5), any person authorised either specifically or generally by the Minister or local authority, as the case may require, may, for the purposes of carrying out any public work or any proposed public work, and subject to the limitations of any authorisation so granted—

  2. enter and re-enter any land at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any kind of survey or investigation:
    1. dig and bore into the land and remove samples of it:
      1. erect temporary buildings on the land:
        1. set out the lines of any works on the land.

          1. Unless the owner and occupier of the land otherwise agree, the powers conferred by subsection (1) shall not be exercised unless the owner and occupier of the land affected have been given 10 working days' notice in writing of—

          2. how and when entry is to be made; and
            1. the specific powers intended to be exercised; and
              1. a statement of the owner's or occupier's rights under subsection (4); and
                1. a statement that the owner or occupier may be entitled to compensation under this Act.

                  1. Any person exercising any power under subsection (1) shall have with him, and shall produce if required to do so, evidence of—

                  2. his authority; and
                    1. his identity.

                      1. The owner or occupier may, within 10 working days after receiving the notice and after giving notice to the Minister or local authority, as the case may be, of his intention to do so, object to the District Court nearest to the land concerned, and the court may summon the Minister or local authority, or his or its representative, to appear before the court at a time and place named in the summons.

                      2. If it appears to the court that the proposed survey or investigation is unreasonable or unnecessary the court may—

                      3. order that the survey or investigation shall not be undertaken, or shall not be undertaken in the manner proposed; or
                        1. direct that the survey or investigation be undertaken in such manner and subject to such limitations and restrictions as the court thinks fit—
                            1. and all persons concerned shall be bound by any such order.

                          Compare
                          • 1928 No 21 s 107
                          Notes
                          • Section 111(2)(d): substituted, on , by section 29 of the Public Works Amendment Act 1988 (1988 No 43).