Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - Additional compensation

72F: Additional compensation for protected Māori land acquired or taken for critical infrastructure project

You could also call this:

"Extra money for Māori land owners if the government takes their land for a big project"

Illustration for Public Works Act 1981

If you own protected Māori land, you might get extra compensation if the government takes your land for a critical infrastructure project. The government must pay you this extra compensation if they ask you to sell your land for the project and you agree. You will get compensation for the land being taken and for agreeing to sell it before the government takes it by force.

The amount of compensation you get is calculated according to section 39AAK(3) and section 39AAK(4), and it cannot be more than the amount specified in section 39AAK(5)(a) and section 39AAK(5)(b). If you own the land with others, you will all get a share of the compensation based on how much of the land you each own.

In some cases, the government might still pay you compensation even if they take your land by force, but only if they think it is fair to do so. The government will look at things like how hard it was for you to decide to sell the land and whether you had any say in the matter. If you get this compensation, you will not be able to get any other compensation for the same land under section 72A(1)(b) or (c).

A critical infrastructure project is defined in section 39AAB. Your individual value in the land is the part of the total land value that you get, based on the type of interest or estate you have in the land. You can find more information about this in section 39AAP.

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 It might be out of date or be missing some parts.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=LMS1498187.

Topics:
Housing and property > Land useMāori affairs > Māori land
Previous

72E: Adjustment of compensation payable under section 72 or 72C, or

"The government can change how much money people get when their land is taken"

Next

72G: Circumstances in which compensation must not be paid under section 72F(2) or (7), or

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

Part 5Compensation
Additional compensation

72FAdditional compensation for protected Māori land acquired or taken for critical infrastructure project

  1. The compensation specified in subsection (2) must be paid to an owner of protected Māori land if—

  2. the Minister or a local authority, as the case may be, has sought agreement with them to acquire their land for a critical infrastructure project; and
    1. the land is acquired or taken under Part 2; and
      1. except for any other protected Māori land, all other land acquired or taken, or to be acquired or taken, for the project (if any) has been, or will be, acquired or taken under Part 2A; and
        1. the payment of compensation is not excluded by section 72G.

          1. The compensation to be paid is—

          2. compensation in recognition of the land being acquired or taken for a critical infrastructure project; and
            1. compensation in recognition of the benefit to the Crown or local authority in not having to take the land compulsorily if the owner is party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23.

              1. The compensation paid under subsection (2)(a)—

              2. must be the amount calculated in accordance with section 39AAK(3); and
                1. must not exceed the amount specified in section 39AAK(5)(a) regardless of—
                  1. the number of owners of the land; or
                    1. the nature of the estate or interest each owner has in the land.

                    2. The compensation paid under subsection (2)(b)—

                    3. must be the amount calculated in accordance with section 39AAK(4); and
                      1. must not exceed the amount specified in section 39AAK(5)(b) regardless of—
                        1. the number of owners of the land; or
                          1. the nature of the estate or interest each owner has in the land.

                          2. If compensation is payable under subsection (2)(a) or (b) for land that is owned by more than 1 person, the compensation must be—

                          3. paid only to owners who qualify under subsection (1); and
                            1. apportioned between those qualifying owners in proportion to the individual value each owner has in the land.

                              1. Subsection (7) applies to an owner of protected Māori land if—

                              2. the circumstances in subsection (1)(a) to (c) apply to the owner and their land; but
                                1. the owner is not entitled to the compensation payable under subsection (2)(b) because the land is acquired or taken after a notice of intention to take the land is given or served under section 23.

                                  1. The Minister or local authority, as the case may be, may, in their or its discretion, pay compensation to the owner if—

                                  2. the Minister or local authority has had regard to—
                                    1. the legal and practical constraints on the owner in reaching a decision to sell the land; and
                                      1. any other matters relating to the nature of the landholding or its ownership structure that affect the practicality of selling the land; and
                                        1. whether, because of constraints or matters referred to in paragraph (i) or (ii),—
                                          1. the land was acquired by agreement to which the owner was a party after a notice of intention to take the land was given or served under section 23; or
                                            1. the owner supported the taking of the land by Proclamation as the most practical means of executing the acquisition; and
                                          2. the payment of compensation is not excluded by section 72G.

                                            1. Compensation paid under subsection (7) must be equivalent to the amount that would be paid if it were payable under subsection (2)(b).

                                            2. If compensation is paid under subsection (7) for land that is owned by more than 1 person, the compensation must be—

                                            3. paid only to the owners who qualify under subsection (6); and
                                              1. apportioned between the owners in proportion to the individual value each owner has in the land.

                                                1. If an owner of land is paid compensation under subsection (2)(b) or (7), the owner is not entitled to any compensation under section 72A(1)(b) or (c) for the land.

                                                2. For the purposes of this section, an owner of protected Māori land who is an owner of land referred to in section 18(7)(c), (d), or (e) must be treated as if they were a party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23.

                                                3. In this section, critical infrastructure project has the meaning given in section 39AAB.

                                                4. In subsections (5)(b) and (9)(b), individual value means the portion of total land value for each category of interest or estate in land (for example, all leasehold interests in land) that is payable to an owner described in subsection (5)(a) or (9)(a), as the case may be, determined by the percentage of the relevant category of interest or estate that the owner holds.

                                                5. See section 39AAP in relation to the Minister for Land Information’s obligation to review this section.

                                                Notes
                                                • Section 72F: inserted, on , by section 7 of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).