Plain language law

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Public Works Act 1981

Railways

168: Compensation where road interfered with or wholly closed

You could also call this:

“Money for people affected when roads are closed or changed”

You don’t have to pay compensation if a road is closed or used for a railway, as long as there’s another way to get to the nearest road that crosses the railway. This applies even if the road closure or railway use makes things inconvenient for people who live or work nearby.

If people aren’t sure whether there’s another good way to get around, the landowners, the local council, and the government will work together to decide. Once they make a decision, everyone has to follow it.

If they can’t agree, a special group called the Land Valuation Tribunal will make the final decision. They won’t give any compensation if they think there’s another reasonable way for people to get where they need to go.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47756.

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167: Rights of way where railway along or across road on level, or

"Old rule about trains crossing roads has been removed"

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169: Access to land cut off from road or separated by railway, or

"Getting access to your land if a railway blocks or divides it"

Part 13 Railways

168Compensation where road interfered with or wholly closed

  1. Except as provided in section 63, compensation shall not be payable under this Act to any person in respect of—

  2. any road being wholly closed under the powers conferred by section 37; or
    1. the use or occupation of any road for any railway; or
      1. any inconvenience to the users of any land fronting or adjoining any such road—
          1. if reasonable and sufficient access to the nearest road crossing over or under the railway is available by some other road, whether it has been provided or constructed by the Minister or not.

        1. If any question arises as to whether other reasonable and sufficient access is so available, it shall be determined in such manner as is agreed upon between the owners and occupiers of the land, the territorial authority having the control of roads in the district, and the Minister; and every such determination shall be conclusive as to the rights or claims of all persons affected.

        2. If no such agreement is reached, all claims for compensation in respect of the matters referred to in subsection (1) shall be determined in the manner provided by this Act, but no compensation shall be awarded if in the opinion of the Land Valuation Tribunal other reasonable and sufficient access is so available.

        Compare
        • 1928 No 21 s 221