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Public Works Act 1981

Schedule 2: Statutory declaration

You could also call this:

"A promise to tell the truth about following the rules to take land for a public work"

Illustration for Public Works Act 1981

You are making a statutory declaration about a public work. You must declare that your local authority is allowed to do the work. You have to say that you followed all the rules in the Public Works Act 1981 to take the land. You need to tell the date you served notice to the land owner and others with an interest in the land. You also need to say when you published the notice in the Gazette.

You have to declare that you told the Environment Court about any objections to taking the land. You must believe that the land is needed for the work and that anyone who is affected will get fair compensation as stated in the Public Works Act 1981. You are making this declaration because of the Oaths and Declarations Act 1957.

You make this declaration in front of a Justice of the Peace or someone else who is allowed to take a statutory declaration. They will witness your signature at the place and date you make the declaration.

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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:
Housing and property > Land useGovernment and voting > Local councilsEnvironment and resources > Town planning
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Schedule 1: Notice of intention to take land for [description of public work] in [name of district], or

"Government Notice: We Want to Use Your Land for a Public Project"

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Schedule 2A: Critical infrastructure projects, or

"Important building projects for New Zealand's roads, bridges, and transport"

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)