Plain language law

New Zealand law explained for everyone

Public Works Act 1981

General provisions

239: Removal and disposal of abandoned property from public works land

You could also call this:

“Rules for removing and getting rid of stuff people leave behind on government land”

If someone leaves their property on land used for public works, the government or local authority can remove it. They will take the property to a special place. If you own the property, you have 10 working days to get it back and pay for its removal.

If no one claims the property after 10 working days, the government or local authority can sell or destroy it. They will usually put a notice in the newspaper first, unless the property isn’t worth much. For cars with current registration, they will try to contact the last registered owner.

The government or local authority won’t be responsible if anything happens to the property when they remove it. If you want your property back, you need to pay for its removal and any newspaper notices, then take it away. If you don’t do this in time, they can sell or destroy it without getting in trouble.

Any money from selling the property goes to the government or local authority. A vehicle is considered abandoned if it’s left unused for more than a month without permission. In this law, a vehicle means anything with wheels or runners that can move, even if the wheels have been taken off.

The meaning of words about motor vehicles in this law comes from the Land Transport Act 1998.

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 It might be out of date or be missing some parts.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=DLM48377.

Previous

238: Controlling authority may bring action for damage to public work, or

"People in charge of public property can sue if it gets damaged"

Next

240: Recovery of land from persons holding illegal possession, or

"Getting land back from people who shouldn't be there"

Part 21 General provisions

239Removal and disposal of abandoned property from public works land

  1. Any person authorised in that behalf by a Minister of the Crown in the case of a Government work, or by the local authority in the case of a local work, who has reason to believe that any property has been abandoned on land held for a public work may remove it or cause it to be removed to any place authorised for that purpose by the Minister or, as the case may be, by the local authority.

  2. Unless within 10 working days after the date on which any property is removed pursuant to subsection (1), the owner or some other person on his behalf takes away the property from the place to which it was so removed, and pays to the Minister or to the local authority, as the case may be, the cost of removing it pursuant to subsection (1)—

  3. if the property—the Minister or the local authority, as the case may be, may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the land held for the public work is situated, of his or its intention to sell or destroy the property, but if the Minister or the local authority is satisfied that the condition of the property is such that it is of little or no value, he or it may dispense with the giving of such notice:
    1. is not a motor vehicle; or
      1. is a motor vehicle and has no registration plate affixed to it or is unregistered; or
        1. is a motor vehicle and no licence to use it issued for the current licensing year is affixed to it—
        2. if the property is a motor vehicle to which is affixed a licence to use the vehicle for the current licensing year, the Minister or the local authority may give not less than 10 working days' notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle of his or its intention to sell or destroy the vehicle.

          1. The Minister or the local authority, or any other person, shall not be liable for any loss or damage occasioned by or following upon the removal of the property pursuant to subsection (1).

          2. Unless, before the expiry of the notice given under subsection (2), the owner of the property—

          3. pays to the Minister or the local authority the cost of removing the property pursuant to subsection (1), and the cost of the said advertisements; and
            1. takes away the property from the place to which it was removed—
                1. the Minister or the local authority, at any time after the expiry of the notice, may sell the property to any person, who shall thereupon become the lawful owner of it, or the Minister or local authority may cause the property to be destroyed, and in neither case shall any liability attach to the Minister or to the local authority or to any other person for any loss or damage occasioned thereby.

              1. The proceeds of the sale of any property sold in accordance with this section shall be paid into a Crown Bank Account or the general revenues of the local authority, as the case may be.

              2. For the purposes of this section, a vehicle shall be deemed to have been abandoned if it is left unused for a period of more than 1 month without the approval of the Minister or local authority, as the case may be.

              3. For the purposes of this section, vehicle means a contrivance equipped with wheels or revolving runners upon which it moves or is moved; and includes a contrivance from which the road wheels or revolving runners have been removed.

              4. In this section, expressions defined in the Land Transport Act 1998 have, in relation to any motor vehicle, the meanings so defined.

              Notes
              • Section 239(1): amended, on , by section 81 of the Public Works Amendment Act 1988 (1988 No 43).
              • Section 239(2)(b): amended, on , by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
              • Section 239(5): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
              • Section 239(8): amended, on , by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).