Plain language law

New Zealand law explained for everyone

Public Works Act 1981

General provisions

236: Imposition of building and other restrictions on land held for Government work

You could also call this:

“Rules for building and planting on land for Government projects”

The Minister in charge of land for a Government project or the Minister of Lands for Crown land can make rules about what you can build or grow on that land. They can decide how tall things can be or where you can put them. This includes trees, buildings, fences, and other structures.

If someone else is using the land, the Minister needs to ask them first before making these rules.

Once the rules are made, they stay with the land even if the Government sells it to someone else.

The Minister must tell the Registrar-General of Land about these rules. The Registrar-General will then make a note about the rules on the land’s official records.

The Minister can change or cancel these rules anytime they want, using the same process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48372.

Previous

235: Power to alter or divert rivers, etc, for safety or maintenance of public work, or

"The government no longer has the power to change rivers for public works"

Next

237: Excavations near public works, or

"Rules for digging safely near electric poles, towers, and other public structures"

Part 21 General provisions

236Imposition of building and other restrictions on land held for Government work

  1. Subject to subsection (2), the Minister having control of any land held for a Government work or the Minister of Lands in respect of any Crown land, may, by notice in the Gazette, impose on any such land any restriction, prohibition, or requirement relating to the height or siting of any tree, shrub, hedge, building, tower, hoarding, fence, or other structure on the whole or any specified part of the land.

  2. If any such land is occupied otherwise than by the Crown, no such restriction, prohibition, or requirement shall be imposed except with the consent of the occupier.

  3. Any such restriction, prohibition, or requirement shall run with the land notwithstanding that the land may be subsequently disposed of by the Crown.

  4. The Minister shall lodge a copy of every notice made under this section with the Registrar-General of Land who shall without fee deposit it in his office and register against the title to all land affected by it a memorial that the land described in the notice is subject to the restriction, prohibition, or requirement imposed by the notice.

  5. Any such restriction, prohibition, or requirement may at any time in the same manner be revoked or varied.

Notes
  • Section 236(1): amended, on , by section 79 of the Public Works Amendment Act 1988 (1988 No 43).
  • Section 236(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).