New Zealand Legislation: Acts

61 Exceptions to right to compensation

• (1) Compensation shall not be payable in respect of—

  • (a) any land taken for a road, motorway, or railway under this Act where the right to make a road over the land is otherwise reserved to the Crown, and has not lapsed or become barred:

  • (b) any road, service lane, or access way vested in a territorial authority by section 316 of the Local Government Act 1974.

  (2) If—

  • (a) any road or service lane or access way, or a reserve for any such purpose; or

  • (b) any other land—

  has been declared Government road or motorway or acquired by the Crown for any purpose, and the land comprising it was originally taken, purchased, or otherwise acquired by a territorial authority with the assistance of a subsidy, grant, or other payment paid or made by the Crown or the New Zealand Transport Agency, the compensation payable shall be reduced by the same proportion as the amount of that subsidy, grant, or payment bore to the full purchase price or compensation paid by the territorial authority.

  Compare: 1928 No 21 s 42(2); 1972 No 132 s 8(1)

  Section 61(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).