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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 the rules for taking land for projects under the Public Works Act"

Illustration for Fast-track Approvals Act 2024

You are looking at a schedule about how to take or deal with land under the Public Works Act 1981. This schedule is part of the Fast-track Approvals Act 2024. It explains how some things work when land is being taken for a project. When a project is using the fast-track approvals process, this schedule applies if the project needs to acquire land and someone has objected to taking that land. The project must have been referred to a panel for this schedule to apply. You can object to the taking of land under section 23 of the Public Works Act 1981. The court must accept what the panel decides about certain things, like considering alternative sites. This is when the court is making enquiries under section 24(7)(b) of the Public Works Act 1981. However, the court can still look at new evidence about these matters if it is provided to the court.

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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.

Topics:
Housing and property > Land useGovernment and voting > Local councils
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Schedule 11: Approvals relating to Crown Minerals Act 1991, or

"Rules for mining and using land under the Crown Minerals Act"

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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.