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 takes your land"

Illustration for Public Works Act 1981

If you own land that the government wants to take, you might get some money as compensation. You will get $35,000 if you qualify for compensation under section 72(1). You might get more money, $10,000, if you and the government agree to sell the land within six months.

You can get this extra $10,000 if you agree to give the government the land, including any buildings, by a certain date. The government will decide if you should get another $5,000, depending on your personal situation or the circumstances of taking your home. This extra $5,000 is only paid if you are not getting any other compensation for the same reason.

The amount of money you get is also affected by other parts of the law, like section 39AAK(2)(a) and section 72F(10). When the government decides to take your land, there is a start date for negotiations, which is when they tell you they want to take the land or serve you a notice. This start date is important for working out when you might get the extra $10,000.

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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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72: Additional compensation for acquisition of notified dwelling, or

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72B: Definitions of terms used in sections 72C and 72D, or

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Part 5Compensation
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).
                1. The amount of compensation determined under subsection (1) is subject to—

                2. section 39AAK(2)(a) in relation to a person described in section 39AAK(1):
                  1. section 72F(10) in relation to a person described in section 72F(1) or (6).
                    Notes
                    • Section 72A: inserted, on , by section 195 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                    • Section 72A(3): inserted, on , by section 6 of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).