Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Surveys and investigations

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

You could also call this:

“Rules for companies entering private land for surveys”

This law explains how certain companies, called developers, can enter someone’s land to do surveys or investigations. These developers include telephone companies, companies that run important services like electricity or water, and the company that controls New Zealand’s airspace.

If a developer needs to gather information for a project, they must first try to get permission from the land owner. If they can’t agree, the developer can ask a court for permission to enter the land. They must tell the owner at least 10 working days before they go to court.

The court can allow the developer to enter the land if it thinks the survey is necessary and the developer has tried hard to get permission. The court will say exactly what the developer can do, when they can enter, and set any other rules.

Before entering the land, the developer must show the court’s order to the owner. Anyone working for the developer must carry proof of who they are and why they’re there.

If the developer’s actions cause any damage or loss to the land or property, they must pay the owner for it. If they can’t agree on how much to pay, there’s a process to figure it out.

This law helps developers do important work while also protecting landowners’ rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47300.

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Part 7 Surveys and investigations

111APowers of entry for survey and investigation purposes other than by Minister or local authority

  1. In this section, developer means—

    1. a network operator within the meaning of section 5 of the Telecommunications Act 2001; or
      1. a network utility operator within the meaning of section 166 of the Resource Management Act 1991 which has approval as a requiring authority under section 167 of that Act; or
        1. the Airways Corporation of New Zealand Limited, a company that is a State enterprise under the State-Owned Enterprises Act 1986.

          1. Where a developer wishes to undertake a survey or other investigation on any land for the purpose of gathering information necessary for any application for any right, designation, consent, or permit, or for the preparation of any report, required for any proposed development, the developer may, upon giving the owner and occupier of the land not less than 10 working days' notice of its intention to do so, apply to the District Court for an order under this section.

          2. On being satisfied that the proposed survey or investigation is necessary for the purposes of the proposed development, that the proposed development may properly be undertaken by the developer, and that the developer has taken all reasonable steps to negotiate an agreement for entry, the court may make an order authorising the developer to:

          3. enter and re-enter the 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. Every order made under this section shall specify—

              2. how and when entry is to be made; and
                1. the specific powers intended to be exercised; and
                  1. such other conditions as the court thinks fit to impose.

                    1. Before exercising any powers authorised by an order made under this section, the developer shall serve the order on the owner and occupier of the land to which the order relates.

                    2. Every officer, employee, or agent of a developer acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and if required to do so, evidence of his or her authority and identity.

                    3. The developer shall fully compensate every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise of any of the powers authorised by an order made under this section for all loss, injury, or damage suffered by that person.

                    4. In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by Part 5, and the provisions of that Part shall, as far as they are applicable and with the necessary modifications, apply with respect to claims under this section.

                    Notes
                    • Section 111A: inserted, on , by section 2 of the Public Works Amendment Act (No 3) 1987 (1987 No 110).
                    • Section 111A(1)(a): repealed, on , by section 173(2) of the Electricity Act 1992 (1992 No 122).
                    • Section 111A(1)(b): substituted, on , by section 158 of the Telecommunications Act 2001 (2001 No 103).
                    • Section 111A(1)(ba): inserted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                    • Section 111A(1)(ba): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                    • Section 111A(1)(c): amended, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
                    • Section 111A(2): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).