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Public Works Act 1981

Schedule 1: Notice of intention to take land for [description of public work] in [name of district]

You could also call this:

“A note saying the government wants to use your land for a big project and how you can respond”

This notice tells you that the government or a local authority wants to take your land for a public project. They will explain why they need your land and what they plan to use it for. They must give you a plan of the land they want to take, unless it’s already clearly defined.

You have the right to object to this decision. If you want to object, you need to write to the Environment Court within 20 working days after you receive this notice. You can have a public hearing for your objection, or you can ask for a private one. If you object, you’ll be told when and where the hearing is, and you can speak for yourself or have someone represent you.

Even if your land is taken, you have the right to be paid for it. If you and the government or local authority can’t agree on how much your land is worth, the Land Valuation Tribunal can decide. This notice is important, so if you’re not sure what it means, you should get legal advice right away. Don’t wait to take action.

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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=DLM48607.

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Schedule 1AA: Transitional, savings, and related provisions, or

"Rules for switching to the new version of the Public Works Act"

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Schedule 2: Statutory declaration, or

"A form you fill out to promise you're following the rules when the government wants to use someone's land"

1Notice of intention to take land for [description of public work] in [name of district] Empowered by s 23(1)(c)

To [full name] of [address]

  • Take notice that the [insert Minister or name of local authority] proposes to take under the Public Works Act 1981 your interest in the land described in the Schedule of this notice.
    1. The land is required for [insert description of public work] and it is intended to use the land for [describe the purposes for which the land is to be used].
      1. A plan of the land intended to be taken is attached. [May be deleted if all the land is in a surveyed lot.]

          1. Reasons for taking land

        1. The reasons why the [insert Minister or name of local authority] considers it essential to take your interest in the land are as follows: [give reasons].

            1. Your right to object

          1. Your interest in the land has not yet been taken.
            1. You have a right to object to the taking of your interest in the land.
              1. If you wish to object, you must send a written objection to the Registrar, Environment Court, Tribunals Division, Justice Department, Private Bag, Postal Centre, Wellington, within 20 working days after the service of this notice on you.
                1. If you make an objection, a public hearing of the objection will be held unless you give written notice to the Environment Court that you want the hearing to be held in private.
                  1. If you make an objection,—
                    1. you will be advised of the time and place of the hearing; and
                      1. you will have the right to appear and be heard personally or to be represented by a barrister and solicitor or any other person you authorise.

                        2. Your right to compensation

                      2. This notice, and the right to object described above, relate to the taking of your interest in the land and not to your right to compensation. Under the Public Works Act 1981 you are entitled to full compensation, if your interest in the land is taken. If this compensation cannot be agreed between you and [Minister or local authority], it can be determined in separate proceedings before the Land Valuation Tribunal.

                          1. WARNING

                          This notice concerns your rights over the land referred to. If you are in any doubt about its effect you should obtain legal advice immediately.

                          Do not delay.

                          [Insert name ] Land District

                          [Describe in general terms the land required to be taken, including the postal address or some other readily identifiable description of the place where the land is situated.]

                          [Add legal description of land]

                          Dated at [place, date]

                          Signature:

                          for Minister of Lands or chief executive of local authority