Public Works Act 1981

Schedule 2B: Notice of intention to take land for critical infrastructure project

You could also call this:

"Government Notice to Take Your Land for a Big Project"

You get a notice when the government wants to take your land for a critical infrastructure project. The notice tells you why they want to take your land and what it will be used for, as stated in the Schedule 2A. You can find more information about the project in the Schedule 2A. You have the right to make a submission about the taking of your land. You must send a written notice of your intention to make a submission within 10 working days. Then, you have 20 working days to make your submission. If your land is taken, you are entitled to full compensation under the Public Works Act 1981. You can get compensation for the land being taken for a critical infrastructure project. The government will consider your submission before making a decision about taking your land.

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This page was last updated on 28 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1499541.

Topics:

Housing and property > Land useGovernment and voting > Local councils

Schedule 2A: Critical infrastructure projects, or

"Important transport projects to help New Zealand"

Schedule 3:, or

"Claiming Compensation for Land Taken or Affected by Public Works"

2BNotice of intention to take land for critical infrastructure project Empowered by s 39AAH(1)

Notice of intention to take land for [name of project from first column of Schedule 2A] critical infrastructure project in [name of district]

To [full name] of [address]

The [name of Minister or local authority] proposes to take under the Public Works Act 1981 your interest in the land described in the Schedule of this notice.

The land is required for [insert name of project from first column of Schedule 2A.] critical infrastructure project and it is intended to use the land for [describe the purposes for which the land is to be used, which must include at least the description of the project in the second column of Schedule 2A].

A plan of the land intended to be taken is attached. [It is not necessary to include this paragraph if all the land is in a surveyed lot.]

Reasons for taking land

A summary of the reasons why the [name of Minister or local authority] considers that the land should be taken is as follows: [give a summary of the reasons with reference to matters in section 26(1B)(a) (as modified by section 39AAJ(1)) if the Minister, or section 26(1B)(b) (as modified by section 39AAJ(1)) if the local authority, based on the information available at the time the decision is made to serve this notice, including a statement that the land is required for a critical infrastructure project].

Your right to make submission

Your interest in the land has not yet been taken.

You have a right to make a submission on the taking of your interest in the land.

If you wish to make a submission, you must send a written indication of your intention to do so to [names and addresses of Minister and responsible department or Crown body, or name and address of local authority]. You must do this no later than 10 working days after this notice is served on you.

You have 20 working days to then submit your submission to [names of Minister and responsible department or Crown body, or name of local authority]. That 20-day period begins on the day after the last day on which you can send your written indication of your intention to make a submission.

You must include in your submission your reasons why the land should not be taken or why a different portion or interest in the land should be taken.

The [name of Minister or local authority] will consider your submission but there is no right to a hearing before the [name of Minister or local authority].

If, after you make your submission, [name of Minister or local authority] receives any information that you have not already been provided with in relation to the taking of your land, you will be provided with a copy of that information and you will have another 10 working days from the time that you receive the information to provide 1 further submission, should you wish to do so.

The [name of Minister or local authority] will then decide whether to recommend/request* the taking of the land. As part of the process of making that decision, the [name of Minister or local authority] will consider your submission, and, if you make one, your further submission.


*Select one.

The [name of Minister or local authority] may extend the time frame referred to in paragraphs 7, 8, and 11, 1 or more times, to a maximum of 20 working days in each case. If you want [name of Minister or local authority] to consider extending 1 or more of those time frames in relation to your submission or intended submission, you must make a written request to [name and address of Minister or name and address of local authority] and [name of Minister or local authority] must make a decision on your request no later than 3 working days after receiving it.

You will be provided with a copy of the decision of [name of Minister or local authority] on whether to recommend/request* the taking of the land.


*Select one.

Your right to compensation

This notice, and the right to make a submission described above, relate to the taking of your interest in the land and not to your right to compensation. Under the Public Works Act 1981 you are entitled to full compensation if your interest in the land is taken. If that compensation cannot be agreed between you and the [name of Minister or local authority], it can be determined in separate proceedings before the Land Valuation Tribunal.

Your right to compensation described in paragraph 15 includes a right to compensation in recognition of the land being taken for a critical infrastructure project.

WARNING

This notice concerns your rights over the land referred to. If you are in any doubt about its effect, you should obtain legal advice immediately.

Do not delay.

Schedule

[Describe in general terms the land required to be taken, including the name of the land district and the postal address or some other readily identifiable description of the place where the land is situated, and state the legal description of the land.]

Legal description of land

Dated at [place, date]

Signature:

for Minister for Land Information or chief executive of local authority