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Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects - Compensation payable under this Part

39AAM: Adjustment of compensation payable under this Part

You could also call this:

"Changing the rules for paying compensation to people affected by public works"

Illustration for Public Works Act 1981

The Governor-General can change the compensation rules by Order in Council. You can find these rules in section 39AAK. The Minister must recommend these changes and can increase or decrease the percentages or compensation limits in section 39AAK(3) and (4) or section 39AAK(3)(b) and (4)(b) and (c).

The Minister will only recommend changes if they think it is necessary, considering the purposes of the compensation in section 39AAK, matters in section 72E(2)(b) to (e), affordability for departments and local authorities, and public comments. Before making changes, the Minister must consult with the public about the proposed changes.

An Order in Council can only be made every 5 years, and it is a type of secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1498112.

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39AAL: Circumstances in which compensation must not be paid under section 39AAK(2)(b) and (c), or

"When you won't get money for land the government takes"

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39AAN: Adjustment to critical infrastructure project descriptions, or

"The Governor-General can change details of important infrastructure projects, like their description or location."

Part 2AAcquisition or taking of land for critical infrastructure projects
Compensation payable under this Part

39AAMAdjustment of compensation payable under this Part

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend section 39AAK by doing 1 or more of the following:

  2. increasing or decreasing the percentages in section 39AAK(3) and (4):
    1. increasing or decreasing the compensation limits in section 39AAK(3)(b) and (4)(b) and (c).

      1. The Minister must not recommend the making of an Order in Council under this section unless the Minister is of the opinion that it is necessary or desirable to do so having regard to the following:

      2. the purposes of the compensation payable under section 39AAK; and
        1. the matters in section 72E(2)(b) to (e); and
          1. the affordability of the compensation for the relevant departments, Crown bodies, and local authorities; and
            1. comments received in response to public consultation under subsection (3).

              1. Before recommending the making of an Order in Council under this section, the Minister must publicly consult about the proposed changes.

              2. An Order in Council cannot be made under this section more than once every 5 years irrespective of whether amendments are made to only some of the relevant provisions in the order.

              3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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