Plain language law

New Zealand law explained for everyone

Public Works Act 1981

General provisions

233: Notice of entry to be given

You could also call this:

“You should get a letter before people come onto your land for public work”

If someone needs to enter your land to build, fix, or run something for the public, they usually need to tell you first. This rule applies unless there’s a special reason not to, which is explained in another part of the law called section 234.

The government or your local council must let you know in writing at least 10 working days before they plan to come onto your land. They need to try their best to find out who owns the land and who lives there, so they can give this notice to the right people.

This rule is there to make sure you’re not surprised when people come onto your land for public work. It gives you time to prepare and know what’s happening.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48363.

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Part 21 General provisions

233Notice of entry to be given

  1. Except as provided in section 234, in every case where, under this Act or any other Act which relates to the construction, maintenance, or operation of any public work, authority is given to enter on any land and construct, maintain, or operate a public work before the land has been acquired and vested in the Crown or the local authority, as the case may be, and no other provision is made as to the giving of notice of entry, a Minister of the Crown or the local authority, as the case may be, shall give to the owner and occupier of the land, so far as they can be ascertained, not less than 10 working days' notice in writing of the intention to enter on the land.

Compare
  • 1928 No 21 s 10(3)
  • 1955 No 59 s 2
Notes
  • Section 233: amended, on , by section 77 of the Public Works Amendment Act 1988 (1988 No 43).