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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 the government can use land for big projects”

This schedule explains how the process of taking land for public works is changed when it’s part of a fast-track project. If someone objects to their land being taken, the Environment Court must look at what the project panel has decided about alternative sites.

The court has to accept the panel’s decision about whether other sites were considered and if the proposed site is reasonable. This is true even if the people involved don’t agree. However, if there’s new important information about other possible sites, the court can still look at that.

These rules apply when the land is part of a project that’s using the fast-track approvals process, the project has been given to a panel to look at, and someone has complained to the Environment Court about their land being taken.

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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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Schedule 13: Amendments to other legislation, or

"Other laws that will change because of this new law"

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.