Public Works Act 1981

Schedule 3:

You could also call this:

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

You can make a claim for compensation if the government takes your land or if a public work affects your land. There are two types of forms you can use.

If the government takes your land, you use Form A. You need to describe the land they took, what interest you had in it, and how much money you want as compensation. You can ask for money for the land itself, for any disturbance or damage, and for how it affects your other nearby land.

If a public work affects your land but doesn't take any of it, you use Form B. You need to describe the public work, your land that's affected, and what interest you have in the land. You can ask for money for how the work affects your land, any damage it causes, and any disturbance to you.

For both forms, you need to give details about why you're asking for compensation and how much you want. You also need to provide your name, address, and signature when you submit the claim.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48622.

Topics:

Housing and property > Land useGovernment and voting > Government departments

Schedule 2: Statutory declaration, or

"A special promise about taking land for public use"

Schedule 4: Notice requiring claim to be heard by Land Valuation Tribunal, or

"Notice to ask a special court to review your claim for compensation"

3 Empowered by s 82(1)

A[For cases where land is taken]

Claim to compensation under the Public Works Act 1981

To [insert either the Minister of Lands or the name of the local authority, as the case may be]

By a Proclamation or (declaration) dated [date], the land mentioned in table A below, in which I have an interest as described in table B below, has been taken and vested in the Crown or [name of local authority] for the purpose of [name of public work mentioned in Proclamation or declaration]:

[For cases where injurious affection also claimed add following paragraph]

And the land mentioned in table C below, adjacent to the land so taken in which I have an interest as described in table D below, will be injuriously affected by the said work because [state items of claim, with a reference number to each, and give in each case full particulars of the nature and extent of the claim]: I hereby claim the sum of $[amount] as compensation for all loss arising out of the taking of the said land and the construction of the said public work (which sum is supported by the valuation attached) [delete if not applicable] and which is made up as follows:


$

Sum claimed as compensation for land taken:

[Give full particulars of nature and extent of claim and how compensation has been calculated with, where applicable, reference to supporting valuation.]

Sum claimed for disturbance:

[Give full particulars of nature and extent of claim.]

Sum claimed for damage:

[Give full particulars of nature and extent of claim.]

Sum claimed for injurious affection:

[Give full particulars.]

Total claim:

Dated at [place, date].

Claimant: [full name]

Address for service:

Signature:

Table A

Description of land taken

[Describe the area and situation of the land taken, giving name of survey district, and number of block and section as in the Proclamation or declaration and the Gazette reference or other reference to the document taking title.]

Table B

Nature of interest in land taken

[State in full the nature of the interest; and if the land is leased or encumbered, or subject to any easement, give particulars of the lease or encumbrance or easement.]

Table C

Description of land injuriously affected

[Describe the area and situation of the land injuriously affected, giving name of survey district, and number of block and section, or other means of identification.]

Table D

Nature of interest in land injuriously affected

[State in full the nature of the interest; and if the land is leased or encumbered or subject to any easement, give particulars of the lease or encumbrance or easement.]

Notes

Schedule 3 form A: amended, on 1 April 1988, by section 84(2)(a) of the Public Works Amendment Act 1988 (1988 No 43).

B[For cases where land is injuriously affected or damaged, but where no land is taken]

Claim to compensation under the Public Works Act 1981

To [insert either the Minister of Lands or the name of the local authority, as the case may be]. The public work described in table A below has been or is about to be executed by your authority, and the land described in table B below, in which I have an interest as described in table C below, has been or will be injuriously affected or damaged by the work because [state items of claim with a reference number to each, and give in each case full particulars of the nature and extent of each item].

I claim the sum of $[amount] as compensation for all loss arising out of the execution of the said work, which sum is made up as follows:


$

Sum claimed for injurious affection:

Sum claimed for damage:

Sum claimed for disturbance:

[State reference number and short heading of each item of claim previously detailed, and the amount claimed in respect of each item separately.]

Total claim:

Dated at [place, date].

Claimant: [full name]

Address for service:

Signature:

Table A

Description of public work

[State description and location of public work.]

Table B

Description of land injuriously affected

[Describe the area and situation of the land injuriously affected, giving name of survey district, and number of block and section, or other means of identification.]

Table C

Nature of interest in land injuriously affected

[State in full the nature of the interest; and if the land is leased or encumbered or subject to any easement, give particulars of the lease or encumbrance or easement.]