Part 5 Compensation

Preliminary

59 Interpretation

In this Part and in Part 6, unless the context otherwise requires,—

claimant means any person claiming compensation under this Act

Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the expression Land Valuation Tribunal or Tribunal, when used in relation to any land transaction, means the particular Land Valuation Tribunal to which any application or matter arising under this Act and relating to that land or transaction has been made or referred

Minister means the Minister of Lands

notified, in relation to any land, means—

(a)

made the subject of a requirement by a Minister of the Crown, a local authority, or a network utility operator under section 168 of the Resource Management Act 1991, or by a heritage protection authority under section 189 of that Act, or by any such body or person under clause 4 of Part 1 of Schedule 1 of that Act or under the corresponding provisions of any former enactment; or

(b)

designated for a public work or a project or work, or made the subject of a heritage order, included in an operative or proposed district plan under the Resource Management Act 1991; or

(c)

made subject to a notice of intention to take, or to the powers conferred by a middle line notice, issued under this Act; or

(d)
[Repealed]

(e)

made the subject of negotiations under section 17 or a notice under section 18(1), in which case the date of notification shall be the date on which the negotiations commenced or the date of the service of the notice, as the case may be

notifying authority means any person or local authority who or which has the financial responsibility for any public work in respect of which any land has been notified

owner, in relation to land, includes—

(a)

a person who occupies the land under a lease, sublease, or licence, or a renewal of a lease, sublease, or licence, that—

(i)

is granted by the owner of the fee simple of the land or by the lessee of the land; and

(ii)

is not—

(A)

a weekly tenancy agreement; or

(B)

a monthly tenancy agreement; or

(C)

a tenancy to which the Residential Tenancies Act 1986 applies; or

(D)

a statutory tenancy (as defined in section 207 of the Property Law Act 2007):

(b)

a tenant for life of the land:

(c)

a beneficial owner of the land

respondent means the Minister in the case of Government works and the local authority in the case of local works.

Compare: 1928 No 21 s 101A; 1970 No 145 s 6; 1975 No 138 s 30(1)

Section 59 Minister: inserted, on 1 April 1988, by section 17(1) of the Public Works Amendment Act 1988 (1988 No 43).

Section 59 notified paragraph (a): substituted, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 59 notified paragraph (b): substituted, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 59 notified paragraph (d): repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 59 owner: replaced, on 19 April 2017, by section 193 of the Resource Legislation Amendment Act 2017 (2017 No 15).