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Public Works Act 1981

Schedule 2: Statutory declaration

You could also call this:

"A special promise about taking land for public use"

This schedule outlines the content of a statutory declaration that a local authority must make when it wants to take land for a public work. You need to understand that a statutory declaration is a formal written statement that someone swears is true.

The declaration must be made by the chairperson, mayor, or chief executive of the local authority. They have to state that their organisation is allowed to do the public work, that they've followed all the rules in the Public Works Act 1981, and that they've told the landowners about their plans. They also need to say when they published a notice in the official government newsletter called the Gazette.

The person making the declaration has to say if anyone objected to the land being taken. They must also state that the local authority believes the land should be used for the public work and that anyone who might be affected will get fair compensation. The declaration ends with the person swearing that everything they've said is true, and it needs to be signed in front of someone like a Justice of the Peace.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48616.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Schedule 1: Notice of intention to take land for [description of public work] in [name of district], or

"A message about plans to use your land for a public project in your area"

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Schedule 3:, or

"List of forms you use to ask for money when the government takes or affects your land"

2Statutory declaration Empowered by s 26(1)(e)(iii)

I, [full name] chairperson or mayor or chief executive of the [name of local authority] of [address], do solemnly and sincerely declare that—

  • The [name of local authority] is a local authority authorised by [specify statutory authority] to carry out the public work for which the land described in the request of the [name of local authority] dated [date] is required.
    1. That all the provisions of the Public Works Act 1981 as to taking the land have been complied with.
      1. That the notice of intention was served on the owner and persons with a registered interest in the land on [date].
        1. That notice of intention to take the land was published in the Gazette of [date] at page [page number].
          1. That an objection or (no objection) to the taking of the land was made to the Environment Court.
            1. That the [name of local authority] is of the opinion that the land should be used for the said work and that no private injury will be done for which due compensation is not provided by the Public Works Act 1981.

                1. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

                Declared at [place, date], before me: [name]

                Signature of Justice of the Peace:

                (or other person authorised to take a statutory declaration)