Plain language law

New Zealand law explained for everyone

Public Works Act 1981

General provisions

240: Recovery of land from persons holding illegal possession

You could also call this:

“Getting land back from people who shouldn't be there”

If you’re on land that’s meant for public work and you’re not supposed to be there, the government can take action to make you leave. This applies if you never had permission to be there, or if your permission has ended.

The Minister of Lands or the local authority can go to the nearest District Court to try to get the land back. They can also ask for money to cover the time you’ve been using the land. The court can decide on this even if it’s about who owns the land or if the value of the land is more than the court usually deals with.

When the court looks at the case, if you don’t show up or if the court finds that your claim to be there isn’t valid anymore, they can say you have to leave. They’ll tell you when you need to go and might make you pay for using the land.

If you don’t leave when you’re told to, the court can send someone, like a bailiff or a police officer, to make you leave.

The rules for how this all works are similar to other court cases, as long as they don’t clash with what’s written here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48381.

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

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Part 21 General provisions

240Recovery of land from persons holding illegal possession

  1. Where any person is in occupation of any land held for, or to be taken, purchased, or acquired for, any public work, without any right, title, or licence, or whose right, title, or licence has expired or been forfeited, cancelled, or extinguished, the Minister of Lands, or the local authority, in the case of a local work, or any person appointed in writing by any of them, may commence proceedings in the District Court nearest to the place where the land is situated to recover possession of the land and damages for use and occupation; and in any such case the jurisdiction of that court shall not be ousted on the plea that a question of title is involved, or that the value of the premises possession of which is sought to be recovered is above the jurisdiction of the court.

  2. If, on the hearing of any such action,—

  3. the defendant does not appear; or
    1. it is shown to the satisfaction of the court that the title under which the defendant claims has, as between himself and the Crown or the local authority, as the case may be, expired or become liable to forfeiture or cancellation—
        1. the court shall declare such title to be extinguished, and may order that possession of the land be given by the defendant to the plaintiff, either forthwith or on or before such day as the court thinks fit to name; and that the defendant pay damages for use and occupation and the costs of the action.

      1. If delivery of the land is not made pursuant to such order the court may issue a warrant authorising and requiring the bailiff of the court or any constable to give possession of the land to the plaintiff.

      2. The provisions of sections 194 to 199 of the District Court Act 2016 shall, so far as they are not repugnant to or inconsistent with this section, apply to any proceedings taken under this section.

      Compare
      • 1928 No 21 s 334
      Notes
      • Section 240(1): amended, on , by section 82 of the Public Works Amendment Act 1988 (1988 No 43).
      • Section 240(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 240(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).