Public Works Act 1981

Compensation - Additional compensation

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

You could also call this:

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

Illustration for Public Works Act 1981

If you own land that the Minister or local authority wants to acquire, you might get compensation. But you will not get compensation under section 72F(2) or (7) unless you give them vacant possession of the land and all buildings on it. You have to do this on or before a certain date, or a later date they allow.

You will not get compensation under section 72F(2)(a) unless you did not want to sell the land, or you only wanted to sell it because the Minister or local authority asked you to so they could build something important. The same rule applies if you get compensation under section 72F(2)(b) or section 72F(7), you must have sold the land because the Minister or local authority asked you to so they could build something important.

If the Minister or local authority serves you a notice saying they need vacant possession, you have to give it to them within one month, or a longer time they allow. This is if there was no agreement on when you would leave the land, or if the land was taken by Proclamation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1499539.


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


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Part 5Compensation
Additional compensation

72GCircumstances in which compensation must not be paid under section 72F(2) or (7)

  1. Compensation must not be paid to an owner of land under section 72F(2)(a) and (b) or (7) unless the owner gives vacant possession of the land and all buildings and structures on the land to the Minister or local authority, as the case may be,—

  2. on or before the vacant possession date, or any later date that the Minister or local authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
    1. within 1 month after the date on which the Minister or local authority serves notice on the vendor or person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the Minister or local authority allows, if—
      1. the land is acquired under an agreement that does not specify a vacant possession date; or
        1. no agreement for sale is entered into and the land is taken by Proclamation.
        2. Compensation must not be paid to an owner of land under section 72F(2)(a) unless the owner—

        3. is not a willing party to the acquisition of the land; or
          1. is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
            1. Compensation must not be paid to an owner of land under section 72F(2)(b) unless the owner is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.

            2. Compensation must not be paid to an owner of land under section 72F(7) unless the owner is a willing party to the taking principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.

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