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Public Works Act 1981

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Changes to the Public Works Act and how they affect taking land for projects"

Illustration for Public Works Act 1981

You are reading about the Public Works Act 1981. This Act has a schedule called Transitional, savings, and related provisions. It explains how some changes to the Act work. These changes are about how the government takes land for public projects. You need to know what some words mean. The "amendment Act" refers to changes made to the Public Works Act. The "commencement date" is when these changes start. If the government wants to take land, it must follow certain rules. These rules are in the Act. Sometimes, the government can use new rules or old rules to take land. The government must pay people for their land. It must also tell people why it needs their land. This is called a "notice of desire to acquire land". There are special rules for "critical infrastructure projects". These are big projects that are important for the country. The government can use special rules to take land for these projects. You can find more information about these rules in other parts of the Act, such as section 18, section 23, and Part 2A. Remember, the government must always follow the rules when taking land. It must be fair and honest with people. This is called "good faith". The government will tell people about its plans. It will also pay people for their land. This is how the government takes land for public projects.

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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.

                          2Provisions relating to Public Works (Critical Infrastructure) Amendment Act 2025

                          6Definitions

                          1. In this Part,—

                            amendment Act means the Public Works (Critical Infrastructure) Amendment Act 2025

                              critical infrastructure project has the meaning given in section 39AAB

                                responsible department or Crown body has the meaning given in section 39AAB.

                                Notes
                                • Schedule 1AA clause 6: inserted, on , by section 8(a) of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).

                                7Application of Part 2A if section 18 notice served before amendment Act commences

                                1. This clause applies if, before the amendment Act commences,—

                                2. the Minister or a local authority, as the case may be, has served a notice under section 18 of the Minister’s or local authority’s desire to acquire land for a public work that falls within the definition of a critical infrastructure project but has not yet given or served a notice of intention under section 23 to take that land; and
                                  1. no notice of intention under section 23 has been given or served for any other land required for that public work.

                                    1. The Minister must proceed with any subsequent acquiring or taking of the land in accordance with Part 2A unless—

                                    2. the land is protected Māori land; or
                                      1. the responsible department or Crown body informs the Minister in writing that, in its opinion, taking into account the time frames and costs of the project and any other matters that it considers relevant, it would be preferable to complete the process under Part 2.

                                        1. The local authority must proceed with any subsequent acquiring or taking of the land in accordance with Part 2A unless—

                                        2. the land is protected Māori land; or
                                          1. it informs the Minister in writing that, in its opinion, taking into account the time frames and costs of the project and any other matters that it considers relevant, it would be preferable to complete the process under Part 2.

                                            1. If the Minister receives a notification under subclause (2)(b) or (3)(b), the acquiring or taking under this Act of all land required for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.

                                            2. A decision under this clause to use Part 2 instead of Part 2A—

                                            3. is irreversible; and
                                              1. is only available if, after the amendment Act commences, the Minister receives a notification under subclause (2)(b) or (3)(b)—
                                                1. before any other notice of desire to acquire land for the project is served under section 18; and
                                                  1. before any notice of intention under section 23 is given or served for any land required for the project; and
                                                  2. takes effect from the date of the public notification under subclause (4).

                                                    1. To avoid doubt, if this clause applies (and the option under subclause (2)(b) or (3)(b) to proceed in accordance with Part 2 is not exercised),—

                                                    2. the Minister or local authority, as the case may be, must comply with section 39AAG in relation to taking the land compulsorily; and
                                                      1. no person has a right to object to the Environment Court to the taking of the land under section 23(3) (as that section read before the amendment Act commenced), but every person with an estate or interest in the land is entitled to make a submission to the Minister or local authority in accordance with section 39AAI; and
                                                        1. the owner of the land from whom the Minister or local authority sought agreement to acquire the land is entitled to the compensation described in section 39AAK(2).

                                                          1. Any estimated amount of compensation previously provided to an owner of land affected by this clause must be adjusted to take account of the compensation to which the owner of land is entitled under section 39AAK(2), and written notice of the adjusted estimate must be given to the owner together with an explanation of why the estimate has been adjusted, including that the land is required for a critical infrastructure project.

                                                          2. The adjusted estimate does not affect the validity of the relevant notice of desire to acquire land previously served on the owner under section 18.

                                                          3. In subclause (4) and clause 8(2), publicly notify has the same meaning as in section 39AAE(7).

                                                          Notes
                                                          • Schedule 1AA clause 7: inserted, on , by section 8(a) of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).

                                                          8Application of Part 2A if section 23 notice given or served before amendment Act commences

                                                          1. Subclause (2) applies if, before the amendment Act commences, the Minister or a local authority, as the case may be, has given or served a notice under section 23 of the Minister’s or local authority’s intention to take land for a public work that falls within the definition of a critical infrastructure project.

                                                          2. The acquiring or taking of all land for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.

                                                          Notes
                                                          • Schedule 1AA clause 8: inserted, on , by section 8(a) of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).

                                                          9No breach of good faith

                                                          1. The following apply if the Minister or a local authority proceeds to acquire or take land described in clause 7(1)(a) in accordance with Part 2A:

                                                          2. of itself, the acquiring or taking of the land is not a breach of the good faith obligation referred to in section 18(1):
                                                            1. the Minister or local authority is not required to repeat any of the prior negotiations required by that section before giving or serving notices of intention to take the land under section 23 (as modified by section 39AAH).

                                                              Notes
                                                              • Schedule 1AA clause 9: inserted, on , by section 8(a) of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).