Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Acquisition of land for public works - Land required under Infrastructure Funding and Financing Act 2020

27A: Transfer of land taken for construction of eligible infrastructure

You could also call this:

“Land bought for important community projects can be given to special builders”

This law is about what can happen to land that a local authority (like a council) buys for building important things in your area, such as roads or water pipes. These important things are called “eligible infrastructure”.

When the local authority buys this land, they can give it to a special company (called an SPV) that’s in charge of doing the work. This is allowed even if the land was originally bought for a different reason.

Usually, there are rules about what to do with land the government doesn’t need anymore. But in this case, those rules don’t apply when the land is given to the special company or when it’s given back to the local authority.

If the local authority or the special company doesn’t need the land anymore for the important infrastructure, they have to sell it following the normal rules for selling government land.

Remember, all of this is to help build things that your community needs, like better roads or water systems.

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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=LMS399365.

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27: Natural material on land may be acquired or taken for public work, or

"The government can use natural materials from your land for public projects, but they need to ask first and might pay you"

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28: Particular estates in land may be acquired or taken, or

"The government can take land with existing rights or just take some rights"

Part 2 Acquisition of land for public works
Land required under Infrastructure Funding and Financing Act 2020

27ATransfer of land taken for construction of eligible infrastructure

  1. This section applies to land acquired under this Part by a local authority—

  2. using the power conferred by section 16(3); or
    1. using the power conferred by section 16(2) in relation to land that is later required for the purpose set out in section 16(3).

      1. The local authority (that is a responsible infrastructure authority) may transfer the land to the responsible SPV for the purpose of a local SPV work.

      2. Sections 40 to 42A do not apply to—

      3. a transfer under subsection (2); or
        1. a transfer of the land back to the local authority under section 90 of the Infrastructure Funding and Financing Act 2020.

          1. If the local authority or the SPV that owns the acquired land no longer requires any of that land for eligible infrastructure, the authority or SPV must dispose of the land in accordance with sections 40 to 42A.

          Notes
          • Section 27A: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).