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Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects

39AA: How this Part works

You could also call this:

"What happens when the government needs land for a big project like a new road or hospital"

Illustration for Public Works Act 1981

This Part of the law applies when the Minister or a local authority needs land for a critical infrastructure project, which is explained in section 39AAC. You can think of a critical infrastructure project as something important for the community, like a new road or a hospital. The Minister or local authority must first try to buy the land from the owner, as explained in section 39AAF.

If they cannot agree on a price, the Minister or local authority may take the land using a special process outlined in Part 2 of this Act, which is modified by section 39AAG. This process has to follow the rules set out in the Act, with some modifications, as explained in section 39AAO.

In some cases, the owner of the land may get extra compensation, as explained in section 39AAK, when the Minister or local authority takes their land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1498069.

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Part 2AAcquisition or taking of land for critical infrastructure projects

39AAHow this Part works

  1. This Part applies (with some exceptions) if the Minister or a local authority requires land for a public work that is a critical infrastructure project (see section 39AAC).

  2. The Minister or local authority, as the case may be, must attempt to acquire the land by agreement with the owner of the land (see section 39AAF).

  3. If unsuccessful, the Minister or local authority may proceed to take the land using a modified form of the process set out in Part 2 of this Act (see section 39AAG).

  4. In all other aspects, the acquiring or taking of land under this Part must be undertaken in accordance with the provisions of this Act as modified expressly or by necessary implication (see section 39AAO).

  5. In certain circumstances, additional compensation is payable to owners of land for the acquiring or taking of their land under this Part (see section 39AAK).

  6. This section is only a guide. It does not affect the provisions to which it refers.

Notes
  • Section 39AA: inserted, on , by section 5 of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).