Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Railways

173: Land may be temporarily occupied

You could also call this:

“Government can borrow someone's land for a short time to help build railways”

When building or fixing a railway, the Minister can use someone’s land for a short time. The Minister can do things like take materials from the land, store building stuff there, make drains, build temporary buildings, and use equipment.

Before using the land, the person in charge of the railway must tell the owner and anyone living there at least 10 working days before. They need to write a letter explaining what land they want to use, what work they’ll do, what materials they need, how much they need, what they’ll do with the materials, when they’ll start, and how much money the owner might get.

If you own or live on the land and don’t like the plan, you can go to the local District Court within 10 working days. You need to tell the railway person you’re doing this. The court will ask the railway person to come and explain their plan.

The court can decide if using the land is really needed. They might say the railway can’t use the land at all, or they might say how the land can be used. 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=DLM47765.

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Part 13 Railways

173Land may be temporarily occupied

  1. Subject to the conditions specified in this section, the Minister may temporarily occupy and use any land for the purpose of constructing, reconstructing, or repairing a railway, and may do the following things on the land:

  2. take from the land stone, gravel, earth, and other materials:
    1. deposit any construction materials:
      1. deposit, permanently or temporarily, any material suitable for use in landscaping or restoration of that land or of the railway:
        1. form and use drains and hard standings:
          1. manufacture or fabricate materials and construct incidental works:
            1. erect workshops, sheds, and other buildings of a temporary nature, and store or use any plant or equipment.

              1. The engineer or other person having the charge of the railway shall, before so occupying or using any land and, except in the case of accident to the railway requiring immediate repair, give to the owner and to the occupier of the land not less than 10 working days' notice in writing, and shall include in the notice—

              2. a description of the land affected; and
                1. the nature of any work to be carried out; and
                  1. the type of any material required; and
                    1. the approximate quantity of any material required; and
                      1. the use proposed to be made of any material to be removed; and
                        1. how and when entry is to be made; and
                          1. a statement of the owner or occupier's rights under subsection (3); and
                            1. the estimated amount of compensation to which the owner or occupier would be entitled under this Act.

                              1. The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the engineer or other person of his intention to do so, apply to the District Court nearest to the land concerned, and the court may thereupon summon the engineer or other person to appear before the court at a time and place to be named in the summons.

                              2. If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—

                              3. order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or
                                1. direct that the land be occupied and used or material taken from it in such manner and subject to such limitations and restrictions as it thinks fit—
                                    1. and all persons concerned shall be bound by any such order.

                                  Compare
                                  • 1928 No 21 s 229