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Public Works Act 1981

Schedule 2: Statutory declaration

You could also call this:

"A promise that the council can do a public work on someone's land, following the rules"

Illustration for Public Works Act 1981

You are making a statutory declaration about a public work. You are saying that your local authority is allowed to do the work. You are declaring this under the Oaths and Declarations Act 1957. You are stating that your local authority has followed the rules of the Public Works Act 1981. You have served notice to the land owner and people with an interest in the land. You have also published a notice in the Gazette. You believe the land should be used for the public work and that no one will be unfairly affected. You are making this declaration honestly and conscientiously. It must be witnessed by a Justice of the Peace or someone else authorised to take a statutory declaration, as empowered by s 26(1)(e)(iii) of the Public Works Act 1981.

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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 councils
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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)