Entitlement

60 Basic entitlement to compensation

(1)

Where under this Act any land—

(a)

is acquired or taken for any public work; or

(b)

suffers any injurious affection resulting from the acquisition or taking of any other land of the owner for any public work; or

(c)

suffers any damage from the exercise (whether proper or improper and whether normal or excessive) of—

(i)

any power under this Act; or

(ii)

any power which relates to a public work and is contained in any other Act—

and no other provision is made under this or any other Act for compensation for that acquisition, taking, injurious affection, or damage, the owner of that land shall be entitled to full compensation from the Crown (acting through the Minister) or local authority, as the case may be, for such acquisition, taking, injurious affection, or damage.

(2)

Where any compensation is payable under subsection (1) to any person who is the lessee under any lease granted by the Crown or the local authority that acquired or took any land that is subject to the lease, that person shall not be entitled to any damages arising from the breach of any express or implied—

(a)

covenant for quiet enjoyment; or

(b)

covenant not to derogate from the grant contained in that lease.

Compare: 1928 No 21 s 42(1)

Section 60(1): amended, on 1 April 1988, by section 18 of the Public Works Amendment Act 1988 (1988 No 43).

Section 60(1)(a): amended, on 31 March 1987, by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 60(1)(b): amended, on 31 March 1987, by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).