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Fast-track Approvals Bill

Amendments and repeals

Schedule 11: Modifications to process under Public Works Act 1981 to take or deal with land

You could also call this:

“Changes to rules for taking land for fast-track projects”

This schedule explains changes to how land can be taken or dealt with under the Public Works Act 1981 for fast-track approval projects. It applies when someone objects to their land being taken for a project that’s going through the fast-track process.

The schedule says that if a project has been sent to a panel and someone objects to their land being taken, the Environment Court has to accept what the panel decides about looking at other options for the project. This means the court can’t disagree with the panel’s decision about whether other sites or methods were considered for the project.

However, the court can still look at new evidence about other options for the project if someone brings it to them. This gives people a chance to share new information that the panel might not have seen before.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Transport and travel > Public transport
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Schedule 10: Process under Approvals relating to Crown Minerals Act 1991, or

“Rules for mining on protected land”

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Schedule 13: Amendments to other legislation, or

“Changes to other laws that the Fast-track Approvals Bill will make”

11Modifications to process under Public Works Act 1981 to take or deal with land Empowered by s 30A

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.