Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects - Exceptions to when this Part applies

39AAE: Exception if Part 2 process preferable in circumstances

You could also call this:

"Using a different process to acquire land for a big project if it's faster or cheaper"

Illustration for Public Works Act 1981

If you are working on a critical infrastructure project, the Minister might use a different process to acquire the land you need. This happens if the department in charge tells the Minister it would be better to use the process under Part 2. The department must think about how long the project will take and how much it will cost when making this decision. They can also think about other things that might be important.

If a local authority is in charge of the project, they can also ask to use the Part 2 process. They must think about the time and cost of the project, and can think about other important things. If the Minister agrees, they will make a public announcement that the Part 2 process will be used.

When the Minister makes this decision, it cannot be changed. The decision can only be made before any official notices are sent out about taking the land. The decision starts from the date of the public announcement. You can find the public announcement on a government website.

The Minister will use the Part 2 process as described in the Part 2 link if they receive a notification. Any decision to use Part 2 is final and is made before any notice is served under section 18.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS1498090.

Topics:
Housing and property > Land useEnvironment and resources > Town planningGovernment and voting > Local councils
Previous

39AAD: Exception for protected Māori land, or

"Some Māori land is protected and can't be taken for projects, even if they're really important."

Next

39AAF: Minister or local authority must attempt to acquire land by agreement, or

"The government must try to buy land from owners in a fair way before taking it for important projects."

Part 2AAcquisition or taking of land for critical infrastructure projects
Exceptions to when this Part applies

39AAEException if Part 2 process preferable in circumstances

  1. The Minister must use Part 2 (instead of this Part) to acquire or take under this Act land required for a critical infrastructure project if the responsible department or Crown body informs the Minister in writing that, in its opinion, it would be preferable to use the process under that Part.

  2. In forming an opinion for the purposes of subsection (1), the responsible department or Crown body—

  3. must consider the time frames and costs of the project; and
    1. may consider any other matters that it considers relevant.

      1. A local authority must use Part 2 (instead of this Part) to acquire or take under this Act land required for a critical infrastructure project if it informs the Minister in writing that, in its opinion, it would be preferable to use the process under that Part.

      2. In forming an opinion for the purposes of subsection (3), the local authority—

      3. must consider the time frames and costs of the project; and
        1. may consider any other matters that it considers relevant.

          1. If the Minister receives a notification under subsection (1) or (3), 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 section to use Part 2 instead of this Part—

          3. is irreversible; and
            1. is only available if the Minister receives a notification under subsection (1) or (3) before any notice of desire to acquire any land required for the project is served under section 18; and
              1. takes effect from the date of the public notification under subsection (5).

                1. In this section, publicly notify means to publish a notice on an internet site maintained by or on behalf of the department responsible for the administration of this Act.

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