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Fast-track Approvals Act 2024

Amendments

Schedule 12: Modifications to process under Public Works Act 1981 to take or deal with land

You could also call this:

"Changes to how land is taken or used under the Public Works Act"

Illustration for Fast-track Approvals Act 2024

You are looking at a schedule about how to deal with land under the Public Works Act 1981. This schedule is part of the Fast-track Approvals Act 2024. It explains how to take or deal with land. When you read this schedule, you will see it talks about what words mean, like "court" and "land". The "court" means the Environment Court and "land" has the same meaning as in the Public Works Act 1981, which you can find in section 2 of that Act. This schedule applies when a process is being used to get land for a project that is being fast-tracked, and someone has objected to the land being taken. The court must accept what a panel has decided about some matters, but it can also look at new evidence if it is given to the court, as stated in section 24(7)​(b) of the Public Works Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943522.

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Topics:
Housing and property > Land useEnvironment and resources > Town planning
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Schedule 13: Amendments to other legislation, or

"Changes to Other Laws by the Fast-track Approvals Act 2024"

12Modifications to process under Public Works Act 1981 to take or deal with land Empowered by s 115

1Interpretation

  1. In this schedule,—

    court means the Environment Court

      land has the meaning given to it in section 2 of the Public Works Act 1981.

      2Application of this schedule

      1. This schedule applies if—

      2. a process is being conducted under the Public Works Act 1981 to acquire land that is part of a project being dealt with using the fast-track approvals process; and
        1. the project has been referred to a panel; and
          1. a person has objected to the taking of the land to the court under section 23 of the Public Works Act 1981.

            3Court must accept determination of panel about consideration of alternative sites, etc

            1. The court must, whether or not the parties consent, accept any determination of a panel that relates to the matters in section 168A(3)(b) or 171(1)(b) of the Resource Management Act 1991 when making the enquiries required under section 24(7)(b) of the Public Works Act 1981.

            2. Despite subclause (1), the court may consider any material new evidence relating to the matters in section 24(7)(b) of the Public Works Act 1981 that is provided to the court.