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Public Works Act 1981
Schedule 6: Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 106 of that Act

Preliminary

2Interpretation 2ATransitional, savings, and related provisions 3Power to declare specific public work to be essential work 4Service and content of notices 4APowers of Minister of Lands 4BExecution of contracts for public works, etc 4CDelegation of Minister's powers

Part 1:
Establishment and functions of Ministry of Works and Development

5Ministry of Works and Development 6Functions of Ministry 7Powers of Minister 8Other powers and functions not affected 9Execution of contracts for Government works, etc 10Annual report 11Committees 12Commissioner of Works and Assistant Commissioners of Works 13Other officers and employees of Ministry 14Delegation of Minister's powers 15Delegation of powers by Commissioner of Works

Part 2:
Acquisition of land for public works

15AInterpretation 16Empowering acquisition of land

Part 2A:
Acquisition or taking of land for critical infrastructure projects

39AAHow this Part works 39AABInterpretation

When this Part applies

39AACWhen this Part applies

Exceptions to when this Part applies

39AADException for protected Māori land 39AAEException if Part 2 process preferable in circumstances

Acquisition by agreement

39AAFMinister or local authority must attempt to acquire land by agreement

Compulsory acquisition

39AAGMinister or local authority may proceed to take land if negotiations unsuccessful 39AAHNotice of intention to take land 39AAISubmission process 39AAJWhen Proclamation may issue

Compensation payable under this Part

39AAKCompensation payable under this Part 39AALCircumstances in which compensation must not be paid under section 39AAK(2)(b) and (c)39AAMAdjustment of compensation payable under this Part

Other matters

39AANAdjustment to critical infrastructure project descriptions 39AAOModifications to this Act for purposes of this Part 39AAPReview of this Part and sections 72F and 72G

Part 3:
Dealing with land held for public works

39AInterpretation 40Disposal to former owner of land not required for public work 41Disposal of former Maori land when no longer required 42Disposal in other cases of land not required for public work 42ASolatium payment for loss of opportunity to purchase 42BNotice of right to apply for solatium payment 43Land may be sold on deferred payments 44Application of purchase money 45Land held for public work may be leased, etc 46Sale and removal of timber and coal from land held for public work 47Issue of record of title to land held for public work 48Easement may be granted over land held for public work 49Dealing with strata 50Transfer of existing public works 51Prohibiting acquisition of rights by adverse user of land held for public work 52Setting apart Crown land, public reserve, etc, for public work

Part 4:
Gazetting, revocation, amendment, and registration of documents

52AInterpretation 53Proclamations and declarations not to take effect until gazetted 54Revocation of Proclamation or declaration taking land 55Amending or revoking documents 56Minor misdescription not to invalidate documents 57Plan and Proclamation or declaration to be registered 58Proclamation or declaration not registrable to be lodged with Chief Surveyor

Part 5:
Compensation

Preliminary

59Interpretation

Entitlement

60Basic entitlement to compensation 61Exceptions to right to compensation 62Assessment of compensation 63Compensation for injurious affection where no land taken 64Compensation for injurious affection to be assessed by reference to whole work 65Compensation for land for which no general demand exists 66Disturbance payments 67Compensation for loss on repayment of mortgage 68Compensation for business loss 69Offer of compensation when entry made 70Offer of compensation when land taken 71Claimant's acts making execution of work more costly

Additional compensation

72Additional compensation for acquisition of notified dwelling 72AAmount of compensation to be paid under section 72 72BDefinitions of terms used in sections 72C and 72D 72CAdditional compensation for acquisition of notified land 72DCircumstances in which compensation must not be paid under section 72C 72EAdjustment of compensation payable under section 72 or 72C 72FAdditional compensation for protected Māori land acquired or taken for critical infrastructure project 72GCircumstances in which compensation must not be paid under section 72F(2) or (7)73Assistance to purchase dwelling 74Assistance to purchase farm, commercial, or industrial property 75Compensation for tenants of residential and business premises 76Refund of expenses where acquisition of land abandoned

The claim

77By whom compensation may be claimed 78Limitation of time for claiming compensation 79Minister or local authority may take proceedings to determine compensation if person entitled fails to make claim 80Accelerating hearing of compensation claims 81Public Trust may be ordered to represent infants, absentee owners, etc 82Particulars to be inserted in claim 83Serving of claims 84Filing claims in District Court 85Tribunal may require claimant or respondent to state particulars 86Third party notice 87Amendment of claim

The award

88Award to be in writing 89Separate sums to be awarded for items of claim 90Costs in claims for compensation 91Costs may be deducted from compensation awarded 92Costs in claims beyond jurisdiction of Land Valuation Tribunal 93Costs in claims withdrawn or abandoned 94Interest on compensation money 95Finality of award and enforcement 96When title doubtful compensation, etc, to be paid to Public Trust 97Compensation in case of limited interests, etc 98Public Trust may invest compensation money 99Mortgaged land 100Land subject to rent charge 101Land on which rent payable 102Funds from which compensation to be paid

Part 6:
Grants of land, etc, in lieu of compensation

103Minister or local authority may grant easements, etc, in lieu of compensation 104Tribunal may award easements as compensation 105Granting of land as compensation where equivalent land not readily available 106Granting of land as compensation in other cases 107Provisions relating to grants of land in exchange 107AGrant of lease or licence as compensation 108Execution of certificates 109Execution of certificates on behalf of local authority

Part 7:
Surveys and investigations

109AInterpretation 110Powers of entry for certain survey purposes 111Powers of entry for other survey and investigation purposes 111APowers of entry for survey and investigation purposes other than by Minister or local authority 112Offence to destroy survey marks

Part 8:
Legalisation, stopping, and exchanging of roads

113Interpretation 114Declaring land to be road 115Certificate of consent may be registered 116Stopping roads 117Dealing with stopped roads 118Application of other Acts to stopped roads 119Taking severances 120Registration

Part 9:
Roads

121Interpretation 122Certain roads vested in Crown 123Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line 124Minister may make roads and declare Government or district roads 125Roads in areas where no territorial authority exists, etc 126Powers of Minister over roads under his control 127Powers of Minister in regard to swing gates and cattlestops on roads

Damage to and nuisances on roads

128Owner or occupier of land not to cause damage to bridge by removal of stone, etc 129Penalties for damage to roads, bridges, etc 130Notice to be given of local authority works 131Poles, etc, on roads to be adjacent to boundaries 132Removal of roadside structures 133Removal of trees, hedges, etc, that obscure visibility or interfere with a public work 134Service of notice 135Emergency work on trees, etc

Part 10:
Access ways and service lanes

136Minister may construct access ways and service lanes 137Control and management may be vested in Council

Part 11:
Motorways

137AInterpretation 138Governor-General may authorise and declare motorways 139Middle line procedures 140Power to make motorways 141Land may be temporarily occupied 142Compensation where road interfered with or wholly closed 143Access to land cut off from road or separated by motorway 144Alterations to roads, drains, etc 145Restrictions on poles, etc, on motorways 146Availability for traffic 147Maintenance and control of motorways 148Restrictions on use of motorways 148AVehicles which may be operated on motorways 148BRestrictions on access to motorways 149Construction of buildings and facilities on, over, under, or adjacent to motorways 150Motorway deemed to be road 151Application of Impounding Act 1955 152Offences

Part 12:
Limited access roads

152AInterpretation 153Creation and revocation of limited access roads 154Provisions of Acts relating to roads to apply to limited access roads 155Access to and from land 156Authorisation of crossing places 157Restricting movement to or from a limited access road 158Limited access road not a road for certain purposes 159Requirements relating to declaration of limited access road 160Certificate of land affected to be forwarded to District Land Registrar 161Administration of limited access roads 162Offences 163Compensation

Part 13:
Railways

163AInterpretation 164Railways to be authorised by Order in Council 165Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc 166Power to make railways, railway stations, etc 167Rights of way where railway along or across road on level 168Compensation where road interfered with or wholly closed 169Access to land cut off from road or separated by railway 170Alterations to roads, drains, etc 171Agreement as to use of railway bridge for combined traffic 172Right of way on joint railway and common bridges 173Land may be temporarily occupied 174Application of Impounding Act 1955

Part 14:
Railways and tramways regulation and inspection

New Zealand Railways Corporation railways

175Inspection of railways

Local railways and tramways

176Interpretation 177General Manager to be appointed for every local railway 178Appointment of Inspector 179Notice of intended opening 180Minister may postpone opening or working of local railway 181Notice to Minister of accidents 182Inquiry as to accidents 183Returns of accidents

Part 15:
Defence works

184Crown may construct defence works 185Destroying or altering defence works

Part 16:
Protection of public works (including aerodromes)

185AInterpretation 186This Part not to derogate from Town and Country Planning Act 1977 187Control of use of land in vicinity of essential works 187AControl of use of land transferred to State enterprises 188Removal of trees, buildings, etc, interfering with use of aerodrome 189Minister may direct local authority or airport authority to serve notice under this Part and in default may serve notice on its behalf

Part 17:
Artificial lakes and secondary use of public works land

Artificial lakes

189AInterpretation 190Regulations as to use of lake formed by construction of Government work

Secondary use

191Secondary use of land held for public work 192Compensation under this Part 193Revenue and expenditure under this Part

Part 18:
Government drains

194Minister to have powers of territorial authority 195Government drains

Part 19:
Irrigation

195AApplication of Part 19 of Public Works Act 1981 196Interpretation 197Minister may construct and maintain water supply works 198Minister may appoint territorial authority or catchment board as his agent 199Minister may supply water to any person from water supply works 200Notification of investigation of proposed irrigation scheme 201Report of National Authority on proposed irrigation scheme 202Notification of proposed irrigation scheme 203Poll for proposed irrigation scheme 204Preparation of rolls 205Voting 206Publication of proposal to take a poll 207When and how poll to be taken 208Constitution of district, etc 208AReduction in size and abolition of irrigation district 209Basic charge 210Adjustment of basic charge 211Water availability charge 212Adjustment of water availability charge 212AAlternative to basic and water availability charges 213Determination of interest 214Liability of occupier for annual charge 215Determination of irrigable area 216Water availability agreements 217Supply of water 218Diminished supply 219Penalty for late payment 220Irrigation notice 221Charge on land 222Application of this Part to existing schemes 223Minister not bound to acquire land

Part 20:
National and local works

224Government and local authority may combine in works of both national and local importance

Part 21:
General provisions

225Licences and authorities may be held by the Crown 225AInventions, etc, by employees 226Shares in building-unit companies 227Advances for purchase of plant and equipment 228Authorising Government to construct public works outside New Zealand 229Improvement of farm land 230Minister of Crown may appoint person to sell stores, etc, by auction 231Money due by local authority may be deducted from money payable by Government 232Minister may execute instruments 233Notice of entry to be given 234Emergency entry on land 235Power to alter or divert rivers, etc, for safety or maintenance of public work 236Imposition of building and other restrictions on land held for Government work 237Excavations near public works 238Controlling authority may bring action for damage to public work 239Removal and disposal of abandoned property from public works land 240Recovery of land from persons holding illegal possession 241Obstructing employees 242Offences and penalties 243Regulations 244Amendments to Town and Country Planning Act 1977 245Requirements for certain public works to be removed 246Requirements and designations for certain public works to be removed 247Amendments to other Acts 248Repeals, revocation, and savings 249Transitional provision

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Notice of intention to take land for [description of public work] in [name of district]

Schedule 2:
Statutory declaration

Schedule 2A:
Critical infrastructure projects

Schedule 2B:
Notice of intention to take land for critical infrastructure project

Schedule 3:

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

Schedule 5:
Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 105 or section 106 of that Act

Schedule 6:
Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 106 of that Act

Schedule 7:
Act administered by Ministry of Works and Development

Schedule 8:
Enactments repealed

Summary of changes

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6Certificate under section 107(7) of the Public Works Act 1981 for grant of land under section 106 of that Act (Repealed) Empowered by s 107(7)