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Public Works Act 1981

General provisions

234: Emergency entry on land

You could also call this:

“Government can enter private land quickly to fix big problems that might hurt people or damage public works”

If there’s a big danger to people or property, or if something might badly damage or get in the way of a public work, the government can act fast. A Minister or someone in charge of the public work can go onto someone’s land right away to fix the problem. They only need to tell the person living there, or the owner if no one lives there, what they’re doing.

If they have to go onto the land without telling anyone first, they need to let the owner or person living there know as soon as they can afterwards. If they can’t find anyone to tell, they’ll put up a notice on the land.

If the work they do is the same as work that could have been done under section 133, the Minister or person in charge can ask the person who would have had to pay under that section to pay for this work too.

No one can sue the government, Ministers, local councils, or anyone else who helps fix the problem, as long as they were trying to do the right thing when following these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48365.

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233: Notice of entry to be given, or

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

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Part 21 General provisions

234Emergency entry on land

  1. Where there is imminent danger to life or property or a likelihood of serious interference with or damage to any public work arising from any cause whatever and which requires immediate remedial measures, any Minister of the Crown or other authority having control of the public work may, on giving to the occupier or, if there is no occupier, to the owner of any land, such oral notice as may be practicable in the circumstances, enter on that land and do such work as is necessary and sufficient to remove the danger or the cause of the likelihood of serious interference.

  2. If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the occupier or, as the case may require, the owner of the land as soon thereafter as is practicable, and if the occupier or owner cannot be found, the notice shall be displayed in a prominent place on the land.

  3. Where the work done under this section includes work that could have been done under section 133, all costs and expenses incurred by any Minister of the Crown or other authority in respect of the latter work may be recovered as a debt due to that Minister or other authority from the person who would have been liable to pay if the work had been done under that section.

  4. No action or proceedings shall be brought against the Crown, any Minister of the Crown, or any local authority, or any officer or servant of any of them, or any member of a local authority, or against any other person whatever, to recover damages for any damage to property occasioned by any person in the exercise or performance in good faith of his powers, duties, or obligations under this section.

Compare
  • 1928 No 21 s 10(3)
  • 1955 No 59 s 2
Notes
  • Section 234(1): amended, on , by section 78(1) of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 234(3): amended, on , by section 78(2)(a) of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 234(3): amended, on , by section 78(2)(b) of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 234(4): amended, on , by section 78(3) of the Public Works Amendment Act 1988 (1988 No 43).