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Public Works Act 1981

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for changing from old to new land buying laws"

This part of the Public Works Act 1981 explains how some changes to the law will be put into place. It talks about what happens when the new rules come into effect. You need to know that some old rules will still apply in certain situations.

If someone agreed to sell their land to the government or a local council before the new rules started, the old rules will still apply to that agreement. The same goes for any land that was already taken by the government before the new rules began. This means that people involved in these situations will follow the old rules, not the new ones.

The new rules also mention a "negotiation start date." This is when talks about buying land began. Even if these talks started before the new rules came in, they still count. In some cases, people might get extra time to follow the new rules if the negotiations started a long time ago. However, if the negotiations started really early and the government tells the landowner about taking the land soon after the new rules begin, the landowner might not get any money for it.

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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.

Topics:
Housing and property > Land useGovernment and voting > Government departments
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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.