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Public Works Act 1981

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

“Rules for switching to the new version of the Public Works Act”

This schedule outlines transitional, savings, and related provisions for the Public Works Act 1981. It explains how the amendments made by Part 3 of the Resource Legislation Amendment Act 2017 will be applied.

The schedule defines key terms and specifies when the new rules will take effect. For example, a new rule on evidence won’t apply to Environment Court hearings that started before the changes came into force. It also describes situations where the old version of the Act will still apply, such as when land sale agreements were made before the changes.

The schedule clarifies that the ‘negotiation start date’ can include dates before the amendments took effect. It also provides extra time for some landowners to comply with new requirements, depending on when negotiations about their land began. In some cases, no compensation will be paid if certain conditions are met.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7237276.

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1AATransitional, savings, and related provisions Empowered by s 2A

1Provisions relating to Part 3 of Resource Legislation Amendment Act 2017

1Interpretation

  1. In this schedule,—

    amendment Act means Part 3 of the Resource Legislation Amendment Act 2017

      commencement date means the date on which the amendment Act comes into force.

      2New rule on evidence does not apply to hearings that have begun

      1. Section 24(6A) does not apply to any hearing of the Environment Court under section 24 that begins on or before the commencement date.

      3Circumstances in which this Act applies as if unamended

      1. If the Minister or a local authority, as applicable, and the owner of land have, before the commencement date, executed an agreement for the sale and purchase of the land under section 17, this Act continues to apply to the agreement, and to any claim for compensation for or in respect of the land, as if the amendments referred to in subclause (3) had not come into force.

      2. If a Proclamation taking land has been issued in accordance with section 26 before the commencement date, this Act continues to apply to the Proclamation, and to any claim for compensation for or in respect of the land, as if the amendments referred to in subclause (3) had not come into force.

      3. The amendments referred to in subclauses (1) and (2) are the amendments, made by the amendment Act, that repeal, amend, replace, or insert the following provisions:

      4. section 4C(2):
        1. section 24:
          1. section 59:
            1. section 72:
              1. sections 72A to 72E:
                1. section 75.

                  4Negotiation start date includes dates before commencement of amendment Act

                  1. To avoid doubt, the dates specified in paragraphs (a) and (b) of the definition of negotiation start date in section 72A(2) include dates that occur before the commencement date.

                  5Extended time to comply with section 72A(1)(b) in certain circumstances

                  1. If the negotiation start date that applies to the owner of land under section 72A(1)(b)(i) is 4 months or more before the commencement date, section 72A must be read as if—

                  2. it requires the agreement referred to in that section to be executed within 2 months after the commencement date; and
                    1. the deadline referred to in that section (within 6 months after the negotiation start date) does not apply.

                      1. However, no compensation must be paid to the owner of land under section 72A(1)(b) if—

                      2. the negotiation start date that applies to the owner under section 72A(1)(b)(i) is 6 months or more before the commencement date; and
                        1. the notifying authority serves notice in relation to the owner's land in accordance with section 18(1)(a) within 2 months after the commencement date.