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Public Works Act 1981

Schedule 2: Statutory declaration

You could also call this:

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

This schedule describes a statutory declaration that must be made when a local authority wants to take land for a public work. You need to fill in details like your name, the local authority’s name, and the date when you gave notice to the landowner.

In the declaration, you have to state that your local authority can legally do the public work, that you’ve followed all the rules in the Public Works Act 1981, and that you’ve told the landowner about your plans. You also need to say when you published a notice in the official government newspaper, called the Gazette.

You must declare if anyone objected to taking the land, and state that your local authority believes the land should be used for the public work. You have to say that any harm done will be paid for as required by law. Finally, you sign this declaration in front of a Justice of the Peace or someone else who is allowed to witness it.

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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.

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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)