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Public Works Act 1981

Acquisition or taking of land for critical infrastructure projects - Other matters

39AAN: Adjustment to critical infrastructure project descriptions

You could also call this:

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

Illustration for Public Works Act 1981

The Governor-General can change the descriptions of critical infrastructure projects in Schedule 2A by Order in Council. You can find Schedule 2A at LMS1498210.html. The Governor-General can change the project description or the location description for any item.

The Minister must check that the changes will not make the project very different before recommending the changes. The Minister looks at the purpose of the project, and the location, scale, and nature of the works involved.

You cannot add new items to Schedule 2A using this process, you can only change the existing items. If an order is made under this section, it is secondary legislation, and you can learn more about publication requirements 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=LMS1498114.

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Part 2AAcquisition or taking of land for critical infrastructure projects
Other matters

39AANAdjustment to critical infrastructure project descriptions

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2A by doing either or both of the following:

  2. amending the project description in the second column of that schedule for any item:
    1. amending the location description in the third column of that schedule for any item.

      1. The Minister must not recommend the making of an Order in Council under this section unless the Minister is satisfied that the scope of each project concerned will not be substantially different as a result of the amendment, taking into account—

      2. the purpose of the project; and
        1. the location, scale, and nature of the works involved in the project.

          1. To avoid doubt, no new items may be inserted into Schedule 2A by an order made under this section.

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

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