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Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects - When this Part applies

39AAC: When this Part applies

You could also call this:

"When the government needs land for a big project, this part of the law applies."

Illustration for Public Works Act 1981

This Part of the Public Works Act applies when the Minister needs to get land for a critical infrastructure project that is a Government work. You will use this Part instead of Part 2. A local authority will also use this Part to get land for a critical infrastructure project, but only for certain types of projects. You can find more information about when to use Part 2 by looking at the link to Part 2. This section has some exceptions that you can find in sections 39AAD and 39AAE.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1498086.

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Housing and property > Land useGovernment and voting > Local councilsEnvironment and resources > Town planning
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Part 2AAcquisition or taking of land for critical infrastructure projects
When this Part applies

39AACWhen this Part applies

  1. The Minister must use this Part (instead of Part 2) to acquire or take under this Act any land required for a critical infrastructure project that is a Government work.

  2. A local authority must use this Part (instead of Part 2) to acquire or take under this Act any land required for a critical infrastructure project that is—

  3. a local work for which it has financial responsibility:
    1. a local SPV work for which it is the responsible infrastructure authority.

      1. This section is subject to the exceptions in sections 39AAD and 39AAE.

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