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Public Works Act 1981

Compensation - Additional compensation

72A: Amount of compensation to be paid under section 72

You could also call this:

“How much money you get if the government needs your land for a project”

If the government needs to take your land for a public project, they will pay you some money to make up for it. This is called compensation. Here’s how much you might get:

You will get $35,000 if you qualify for compensation.

You can get an extra $10,000 if you and the government agree to sell your land within 6 months of when they first told you about it. This agreement needs to say when you will move out and give them the empty land and buildings.

You might get another $5,000 if the government decides that:

  1. Your personal situation needs it and you’re not getting this money any other way, or
  2. There’s something special about taking your main home and you’re not getting this money any other way.

The government will start counting the 6 months from the day they first tell you in writing that they want to buy your land, or from the day they give you an official notice about taking your land, whichever comes first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7237216.

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Part 5 Compensation
Additional compensation

72AAmount of compensation to be paid under section 72

  1. The amount of compensation paid under section 72(1) must be determined as follows:

  2. $35,000 must be paid to the owner of the land if the owner qualifies for compensation under section 72(1); and
    1. a further $10,000 must be paid to the owner if—
      1. the Minister or local authority, as applicable, and the owner, within 6 months after the negotiation start date, execute an agreement for the sale and purchase of the land under section 17; and
        1. the agreement specifies a date on which vacant possession of the land, and all buildings and structures on the land, will be given to the notifying authority; and
        2. a further $5,000 may be paid to the owner if the Minister (if the land is taken or acquired for a Government work) or local authority (if the land is taken or acquired for a local work) decides, in his, her, or its discretion, that—
          1. the personal circumstances of the owner warrant such a payment and compensation is not otherwise paid under this Act for this purpose; or
            1. the circumstances concerning the acquisition of the owner's principal place of residence warrant such a payment and compensation is not otherwise paid under this Act for this purpose.

            2. In this section, negotiation start date means the earlier of the following:

            3. the date on which the notifying authority notifies the owner of land in writing that it intends to acquire the land under section 17:
              1. the date on which the notifying authority serves notice in relation to land in accordance with section 18(1)(a).

                Notes
                • Section 72A: inserted, on , by section 195 of the Resource Legislation Amendment Act 2017 (2017 No 15).