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Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects - Compulsory acquisition

39AAG: Minister or local authority may proceed to take land if negotiations unsuccessful

You could also call this:

"The government can take land if they can't agree with the owner"

Illustration for Public Works Act 1981

If the Minister or a local authority is trying to get land for a critical infrastructure project under section 39AAF but can't come to an agreement with the owner, they can take the next step. This happens when no agreement is reached with the owner or when section 18(7) applies. The Minister or local authority may then proceed to take the land.

The Minister or local authority can take the land if negotiations are unsuccessful. They follow the rules set out in sections 23 to 26 of Part 2, but with some changes outlined in sections 39AAH to 39AAJ. You can find more information about these rules in these sections.

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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=LMS1498094.

Topics:
Housing and property > Land useGovernment and voting > Local councilsEnvironment and resources > Town planning
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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."

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39AAH: Notice of intention to take land, or

"Government Must Notify You Before Taking Your Land"

Part 2AAcquisition or taking of land for critical infrastructure projects
Compulsory acquisition

39AAGMinister or local authority may proceed to take land if negotiations unsuccessful

  1. This section applies if the Minister or a local authority, as the case may be, is unsuccessful in acquiring land required for a critical infrastructure project under section 39AAF because—

  2. no agreement has been reached with the owner; or
    1. section 18(7) applies.

      1. The Minister or local authority may proceed to take the land.

      2. For that purpose, sections 23 to 26 of Part 2 apply with the modifications set out in sections 39AAH to 39AAJ.

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