New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) If no objection is made within the time allowed under this Act or, if made, is withdrawn by the objector or is disallowed by the Environment Court, and the Minister or, as the case may be, the local authority, is of the opinion that the land should be taken for the public work specified in the notice given under section 23 of this Act, and that no private injury will be done for which due compensation is not provided in this Act, the land intended to be taken may be taken in the following manner:
(a) Subject to the provisions of section 32 of this Act—
(i) A survey plan shall be prepared, in duplicate, showing accurately the position and extent of the land proposed to be taken; and
(ii) Such plan shall be signed by the Chief Surveyor as evidence of its accuracy; and
(iii) A duplicate print of the title plan shall be prepared; and
(b) In the case of any Government work, the Minister shall recommend the Governor-General to issue a Proclamation taking the land:
(c) In the case of any local work—
(i) The local authority shall submit to the Governor-General a request to take the land proposed to be taken, together with the plan in duplicate unless the provisions of section 32 of this Act apply:
(ii) Every such request shall be signed by the chief executive of the local authority, and need not be under seal:
(iii) A statutory declaration by the chairperson or mayor or the chief executive of the local authority, in the form set out in Schedule 2 to this Act, may be accepted by the Governor-General as sufficient without making further inquiry:
(iv) Every such declaration shall be accompanied, where applicable, by the relevant report of the Environment Court.
(2) The Governor-General may, if he thinks fit, by Proclamation declare that the land described in it is taken for the public work. Every such Proclamation shall be gazetted and publicly notified within 1 month after the date of its making; and every such public notification shall contain some readily identifiable description of the land taken, but a Proclamation shall not be invalidated by any error, defect, or delay in its gazetting or public notification.
(3) The land specified in the Proclamation shall, unless otherwise provided in the Proclamation or in this Act or in any other Act, become absolutely vested in fee simple in the Crown or in the local authority, as the case may require, freed and discharged from all mortgages, charges, claims, estates, or interests of whatever kind for the public work named in the Proclamation on the 14th day after the day on which the Proclamation is published in the Gazette.
Compare: 1928 No 21 s 23
Subsection (1) was amended, as from 31 March 1987, by section 2(7) Public Works Amendment Act (No 2) 1987 (1987 No 67) by substituting the word “public”
for the word “essential”
where it appears.
Subsection (1) was substituted, as from 31 March 1987, by section 9 Public Works Amendment Act (No 2) 1987 (1987 No 67).
The words “Environment Court”
in subsection (1) were substituted, as from 2 September 1996, for the words “Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Subsection (1)(c)(ii) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chief executive”
for the words “principal administrative officer”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (1)(c)(iii) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chairperson or mayor or the chief executive”
for the words “Chairman or Mayor or the principal administrative officer”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsections (2) and (3) were amended, as from 31 March 1987, by section 2(7) Public Works Amendment Act (No 2) 1987 (1987 No 67) by substituting the word “public”
for the word “essential”
where it appears.