Civil Aviation Act 2023

Airports - Airport operators

228: Acquisition or taking of land for airport

You could also call this:

"Building an airport: how the government helps get the needed land"

If you want to build an airport, you might need to get some land for it. The person running the airport can ask the Minister of Lands to get the land they need under Part 2 of the Public Works Act 1981. The Minister of Lands can then agree to take or buy the land.

When the Minister of Lands takes the land, it belongs to the airport operator, not the government. The airport operator can also get land from the government or a local council if they agree to it, using sections 50 and 52 of the Public Works Act 1981.

You need to agree on a price and terms for the land, and this is not subject to sections 40 and 41 of the Public Works Act 1981. The land then belongs to the airport operator.

If someone wants money because their land was taken, they need to ask the Minister of Lands, according to the Public Works Act 1981. The Minister of Lands can get back any money they spent from the airport operator. This includes buying the land and paying any compensation.

You can also get a lease or other interest in the land, not just the land itself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS826072.


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"Airports can be treated as Government projects, meaning the Crown builds or manages them."


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229: Holding and disposal of land, or

"Rules for airports about owning and selling land"

Part 7Airports
Airport operators

228Acquisition or taking of land for airport

  1. This section applies in respect of an airport operated by an airport operator that is not a local authority.

  2. The airport operator may apply to the Minister of Lands to have land required for the airport acquired or taken under Part 2 of the Public Works Act 1981 and, if the Minister of Lands agrees, that land may be taken or acquired.

  3. The effect of any Proclamation taking land for the purposes of subsection (2) is to vest the land in the airport operator instead of the Crown.

  4. Any land held under an enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority, be set apart for the airport in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications).

  5. The setting apart of land under subsection (4)—

  6. must be on the terms and conditions (including price) that may be agreed between the Crown or local authority and the airport operator; and
    1. is not subject to sections 40 and 41 of the Public Works Act 1981.
      1. Land set apart as described in subsections (4) and (5) vests in the airport operator.

      2. Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this section must be made against the Minister of Lands.

      3. All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) is recoverable from the airport operator as a debt due to the Crown.

      4. For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.