In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

(1) The Minister is hereby empowered to acquire under this Act any land required for a Government work.

(2) Every local authority is hereby empowered to acquire under this Act any land required for a local work for which it has financial responsibility.

(1) The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.

(2) Any agreement to sell land to the Crown or a local authority for public work under this section may be implemented by a declaration under section 20 or by a memorandum of transfer under the Land Transfer Act 1952 for the stated public work.

(3) [Repealed]

(4) If the land sought is—

• (a) Maori freehold land as defined in section 2 of Te Ture Whenua Maori Act 1993; and

• (b) beneficially owned by more than 4 persons; and

• (c) not vested in any trustee or trustees—

the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 9 of the Maori Affairs Amendment Act 1974. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.

(5) If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of entering into an agreement under this section and of executing any transfer or conveyance.

(6) Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to so represent the owner for the purposes of this section and may execute any transfer or conveyance.

(7) Any agreement to sell the land to the Crown or to a local authority under this section may—

• (a) specify the method of acquiring title to the land; and

• (b) [Repealed]

(1) Where any land is required for any public work the Minister or local authority, as the case may be, shall, before proceeding to take the land under this Act—

• (a) serve notice of his or its desire to acquire the land on every person having a registered interest in the land; and

• (b) lodge a notice of desire to acquire the land with the District Land Registrar who shall register it, without fee, against the certificate of title affected; and

• (c) invite the owner to sell the land to him or it, and, following a valuation carried out by a registered valuer, advise the owner of the estimated amount of compensation to which he would be entitled under this Act or the betterment that he may be liable to pay; and

• (d) make every endeavour to negotiate in good faith with the owner in an attempt to reach an agreement for the acquisition of the land.

(2) If, after a period of 3 months,—

• (a) the owner fails to respond to any invitation issued under subsection (1); or

• (b) the owner refuses to negotiate with the Minister or the local authority, as the case may be; or

• (c) an agreement for the sale and purchase of the land is not made with the owner under section 17,—

the Minister or local authority may, within 1 year after notifying the owner under subsection (1), proceed to take the land under this Act.

(3) Any notice under subsection (1)—

• (a) may be withdrawn by the Minister or local authority at any time; and

• (b) shall, in relation to any person and his interest in the land, be deemed to have been withdrawn at the expiration of the period of 1 year beginning on the day after the date on which the notice was served on that person unless, before the expiration of that period,—

  • (i) proceedings have been commenced under subsection (2); and

  • (ii) notice of the commencement of those proceedings has been given to that person.

(4) Where any notice under subsection (1)—

• (a) has been withdrawn by the Minister or local authority under subsection (3)(a); or

• (b) has been deemed to be withdrawn by virtue of subsection (3)(b)—

the Minister or local authority, as the case may require, shall give notice to that effect to the District Land Registrar who shall register it, without fee, against the title to the land.

(5) If the land required is—

• (a) Maori freehold land as defined in section 4 of Te Ture Whenua Maori Act 1993; and

• (b) beneficially owned by more than 4 persons; and

• (c) not vested in any trustee or trustees—

the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, before complying with the provisions of subsection (1), may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Maori Act 1993. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.

(6) If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of this section.

(7) Where—

• (a) after reasonable inquiry the owner of the land cannot be found or is absent from New Zealand without appearing to have appointed an attorney with power to act on his behalf, and a period of 3 months has elapsed since notification was attempted to be given under subsection (1); or

• (b) in the case of land to which subsection (5) relates, an order has not been made within 6 months after the application to the court under that subsection; or

• (c) the owner of the land has indicated that he does not object to the acquisition but he has no power to sell the land; or

• (d) the owner of the land is under a legal disability and he has no person to represent him; or

• (e) the land is subject to a right of way by virtue of section 168 of the Land Transfer Act 1952 and the owner of the land has consented to the acquisition—

the Minister or local authority, as the case may be, may, without complying with the provisions of subsection (1) or subsection (2), proceed to take the land under this Act.

(8) Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to represent the owner for the purposes of this section.

(1) Where the Minister or any local authority has entered into an agreement under section 17, or entered into an agreement for the payment of compensation under this or any other Act for damaging or injuriously affecting any land, or for the temporary occupation of any land, or for any condition or restriction to be applied in respect of any land, the Minister or local authority may forward a compensation certificate in accordance with this section to the District Land Registrar who shall, without fee, register it against the certificate of title to all land affected by it.

(2) Every compensation certificate under this section shall set out—

• (a) the description of land affected by the certificate:

• (b) brief particulars of the agreement which the Minister or local authority has entered into in respect of the land:

• (c) the name and the address (if any) mentioned in the agreement of each person, other than the Minister or local authority, who is a party to the agreement:

• (d) the place where, and the hours during which, a copy of the agreement may be inspected, and a reference by which the agreement may be identified.

(3) Notwithstanding anything contained in this section, where the land affected by an agreement comprises or includes part of the land in a certificate of title, and the part is not accurately defined in the agreement, a compensation certificate in respect of the agreement may be registered against the whole of the land in the certificate of title, and it shall not be necessary for the purpose of registering the compensation certificate to define accurately the land affected by the agreement.

(4) The validity of a compensation certificate shall not be affected by any misdescription in it of the land if sufficient information appears on the face of the compensation certificate to enable the District Land Registrar to satisfy himself of the identity of the land intended to be affected.

(5) Every person who acquires an estate or interest in any land in respect of which a compensation certificate under this section has been registered shall be bound by the agreement to which it relates to the same extent as the person from whom he acquired the estate or interest.

(6) Every person who applies at the place and within the hours specified in a compensation certificate for permission to inspect the copy of the agreement shall be shown the copy and any annexed plan, and, if the agreement requires payment of any money or the vesting of any land or the execution of any work, shall if he so requests be advised as soon as possible of the extent to which the agreement has been performed.

(7) Where the Minister or local authority is satisfied—

• (a) that any land against which a compensation certificate is registered is not affected or no longer affected by the agreement to which the compensation certificate refers; or

• (b) in any other case, as soon as all the requirements of the agreement have been performed or otherwise discharged so far as they affect any piece of land and that piece of land has ceased to be injuriously affected by the agreement and by any act done under the agreement—

the Minister or local authority shall notify the District Land Registrar to that effect who shall, without fee, note that the compensation certificate is discharged against the title to the land.

(8) Every compensation certificate, and every notice under subsection (7), shall be signed by the Minister or by some person authorised by the Minister in that behalf or, in the case of a local authority, shall be signed by the chief executive of the local authority.

(1) Where under this or any other Act, power is given to acquire land under this Act, the Minister, upon being satisfied—

• (a) that the owner of the land has agreed to his land being acquired; and

• (b) that no private injury will be done by the acquisition, or that compensation is provided by this Act for any private injury that will be done by the acquisition—

may issue a declaration in writing that, an agreement to that effect having been entered into, the land is thereby acquired for the purpose for which it is authorised to be acquired.

(2) Every declaration issued under subsection (1) shall have the effect of and be deemed to be a Proclamation under section 26, and the provisions of this or any other Act relating to Proclamations shall apply to any such declaration as if it were a Proclamation issued under that section, except that it shall not be necessary to publicly notify the declaration.

(3) Where an agreement for the purchase of any land has been entered into, title to the land, if not otherwise acquired, shall be transferred or surrendered to the Crown or to the local authority, as the case may be.

(4) Any land purchased and transferred or surrendered under this section shall be deemed to be land acquired under the authority of this Act.

Any notifying authority, as defined in section 59, may acquire any land under section 17 and develop and construct buildings on such land or on any other land owned by the notifying authority for the purpose of granting the land or any part of it in payment or satisfaction or in part payment or part satisfaction of the compensation payable to the person entitled for any land taken, purchased, or acquired for or in connection with a public work.

(1) When land (other than land owned by the Crown) is required to be taken for any public work, the Minister in the case of a Government work, and the local authority in the case of a local work, shall—

• (a) cause a survey to be made and a plan to be prepared, and lodged with the Chief Surveyor, showing the land required to be taken and the names of the owners of the land so far as they can be ascertained; and

• (b) cause a notice to be published in the Gazette and twice publicly notified giving—

  • (i) a general description of the land required to be taken (including the name of and number in the road or some other readily identifiable description of the place where the land is situated); and

  • (ii) a description of the purpose for which the land is to be used; and

  • (iii) the reasons why the taking of the land is considered reasonably necessary; and

  • (iv) a period within which objections, other than objections by persons who are served with a copy of the notice under subsection (1)(c), may be made; and

• (c) serve a notice on the owner of, and persons with a registered interest in, the land of the intention to take the land in the form set out in Schedule 1.

(2) The provisions of this section requiring the names of the owners of the land to be shown on the plan of the land shall have no application in respect of any Maori land unless title to the land is registered under the Land Transfer Act 1952, but instead the plan shall be endorsed with the advice that the names of the owners may be obtained at the appropriate Maori Land Court. Entry on the Provisional Register shall not be deemed to be registration within the meaning of this subsection.

(3) Every person having any estate or interest in the land intended to be taken may object to the taking of the land to the Environment Court in accordance with the provisions of the notice.

(4) Every notice of intention to take land given under this section shall, on the expiration of 1 year after the date of the publication in the Gazette of the notice, cease to have effect unless, on or before the expiration of that year,—

• (a) a Proclamation taking the land has been published in the Gazette; or

• (b) the Minister or the local authority has, by a further notice in writing served on the owner of the land, and persons with a registered interest in the land, intended to be taken, so far as they have been ascertained, confirmed the intention, subject to the provisions of this Act, of taking the land; or

• (c) the intention to take is the subject of any inquiry by the Environment Court or an Ombudsman, or of any application for a judicial review, in which case the notice of intention shall remain valid for 3 months after the date of the Environment Court's report or the date on which the Environment Court received written notice of the withdrawal of the objection, or the date of the completion of any inquiry by an Ombudsman, or the judicial decision, as the case may be.

(5) Where the Minister or local authority has confirmed the intention of taking the land, the notice of intention so confirmed shall cease to have effect unless, on or before the expiration of 2 years after the date of such confirmation, a Proclamation taking the land has been published in the Gazette.

(6) Where any such notice of intention given by the Minister or a local authority has so ceased to have effect, the notice shall not be repeated until at least 6 months after the date on which the original notice or the confirming notice, as the case may require, ceased to have effect.

(7) A copy of the notice under subsection (1)(b) shall be lodged with the District Land Registrar and he shall register it without fee against the certificate of title affected.

(8) Any notice under this section may be withdrawn by the Minister or local authority and, if it is withdrawn, a notice to that effect shall be lodged with the District Land Registrar who shall register it without fee against the title to the land.

(1) On receiving a written objection under section 23, the Environment Court shall, as soon as practicable, send a copy of the objection to the Minister or local authority, as the case may require.

(2) Within 1 month after receiving a copy of the objection or within such further period as the Environment Court may allow, the Minister or local authority, as the case may require, shall send to the Environment Court and serve on the objector a reply to the objection containing the following information:

• (a) the statutory or other authority under which it is proposed to take the land; and

• (b) the nature of the work to be constructed or the purpose for which the land is required; and

• (c) such other matters as may be appropriate having regard to the objections made and to any practice directions issued by the Environment Court.

(3) The Environment Court shall inquire into the objection and the intended taking and for that purpose shall conduct a hearing at such time and place as it may appoint.

(4) Not less than 15 working days' notice of the time and place so appointed shall be given to the objector and to the Minister or local authority, as the case may require.

(5) Every such hearing shall be held in public unless the objector gives written notice to the Environment Court before the date of the hearing that he requires the hearing to be held in private.

(6) At every such hearing the Minister or the local authority may be represented by counsel or by an officer of the Minister's department or local authority, as the case may require, and the objector may appear and act personally or by counsel or any duly authorised representative.

(7) The Environment Court shall—

• (a) ascertain the objectives of the Minister or local authority, as the case may require:

• (b) enquire into the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives:

• (c) in its discretion, send the matter back to the Minister or local authority for further consideration in the light of any directions given by the court:

• (d) decide whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the Minister or local authority, as the case may require, for the land of the objector to be taken:

• (e) prepare a written report on the objection and on the court's findings:

• (f) submit its report and findings to the Minister or local authority, as the case may require.

(8) [Repealed]

(9) At the same time as the Environment Court submits its report and findings to the Minister or local authority, it shall send a copy of the report and findings to the objector, and make copies of them available to the public.

(10) The report and findings of the Environment Court shall be binding on the Minister or, as the case may be, the local authority.

(11) Any objection filed under section 23 may be withdrawn by the objector at any time before the court makes its report and findings under this section.

(12) Where the objection is withdrawn by the objector pursuant to subsection (11), the court shall not be obliged to make a report and findings under this section.

(13) The Environment Court may award such costs as it considers just either in favour of or against the objector, the Crown, or the local authority.

(14) Subject to sections 299 and 308 of the Resource Management Act 1991, no appeal shall lie from any report or recommendation of the Environment Court under this section.

An Environment Judge or alternate Environment Judge, sitting alone or with any other member of the court shall, if both the Minister or local authority and the objector agree, have jurisdiction to conduct the inquiry under section 24 and to report on the inquiry and make recommendations in respect of it.

(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, 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—

  • (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 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, 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.

(1) In this section, natural material includes gravel, stone, clay, soil, sand, pumice, and limestone, or other similar material.

(2) Subject to subsection (3), where any work has been authorised to be carried out and any natural material is required in the construction or maintenance of the work, the Crown or the local authority by its employees, agents, or contractors may, subject to the conditions set out in this section,—

• (a) enter during daylight on any land and dig and remove any natural material from it; and

• (b) enter during daylight on any land for the purpose of gaining access to any river or stream, and, subject to the approval of the catchment authority, dig and remove natural material from the river or stream in such manner as will not divert or interrupt the course of the river or stream or damage any building, road, ford, or drain; and

• (c) enter during daylight on any land so as to gain access to other land for any purpose authorised under this section.

(3) Entry shall not be made under subsection (2) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.

(4) No natural material shall be dug or removed under subsection (2)(b) within 50 metres above or below any bridge, dam, or ford without the consent of the person or authority having control over the bridge, dam, or ford.

(5) Before entering on land under subsection (2), a Minister of the Crown or some officer acting on his behalf or the local authority, as the case may be, shall (except in the case of any earthquake, flood, landslide, or other emergency requiring immediate repair to or reconstruction of the work) give to the owner and the occupier of the land not less than 10 working days' notice in writing of the intention to enter and shall include in the notice—

• (a) a description of the land affected; and

• (b) the type of material required; and

• (c) the approximate quantity of material required; and

• (d) the use proposed to be made of the material to be removed; and

• (e) how and when entry is to be made; and

• (f) a statement of the owner or occupier's rights under subsection (6); and

• (g) a statement that the owner or occupier will be entitled to compensation under this Act.

(6) The owner or occupier may, within 10 working days after receiving the notice and after giving notice to the Minister or local authority, as the case may be, of his intention to do so, object to the District Court nearest to the land concerned, and the court may summon the Minister or local authority or his or its representative to appear before the court at a time and place named in the summons.

(7) If it appears to the court that the taking proposed is unreasonable or unnecessary, the court may order that natural material from the land in question shall not be taken, or shall not be taken in the manner proposed; or the court may order that natural material be taken from such land in such manner and to such extent only and subject to such limitations and restrictions as the court thinks fit; and all persons concerned shall be bound by any such order.

(8) Nothing in this section shall derogate from the provisions of Part 3 of the Resource Management Act 1991.

The power conferred by this or any other Act to acquire or take land for a public work shall include the power—

• (a) to acquire or take and to hold the land subject to any particular estate, interest, easement, profit à prendre, covenant, or encumbrance, whether for the time being subsisting or not:

• (b) to acquire or take and to hold separately—

  • (i) any particular estate or interest in the land, whether for the time being subsisting separately or not; or

  • (ii) any easement or profit à prendre over the land, whether for the time being subsisting or not.

Where there is power to acquire or take any land for a public work under this or any other Act, that power, unless otherwise specially provided,—

• (a) shall not include the power to acquire or take any part of a road:

• (b) shall include the power to acquire or take any land vested in any local authority or any land vested in trustees for any local or general public purpose.

Where any land is taken or set apart for a public work, any subsisting licence, permit, right, privilege, or authority in respect of the land may be taken by the same or a subsequent Proclamation; and on and after a day to be named in the Proclamation the licence, permit, right, privilege, or authority shall vest in the Crown, or the local authority, as the case may be, freed and discharged from all mortgages, charges, claims, liens, bills of sale, and interests of any kind whatsoever. The provisions of this Act shall, so far as they are applicable and with the necessary modifications, apply in every such case as if the licence, permit, right, privilege, or authority were an interest in land.

(1) The Minister or local authority may, in acquiring or taking land for a public work, acquire only the surface, together with such part of the subsoil or of the air space above the surface as is deemed necessary, or may acquire or take all or only such part of the subsoil or of the air space above the surface as is deemed necessary excluding the surface.

(2) Where any land is so acquired or taken and any or all of the subsoil beneath that land is not so acquired or taken, the land shall, except pursuant to any agreement to the contrary, have no right of support from the subjacent soil.

(3) Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken it shall not be lawful for any person to extract minerals or otherwise interfere with the subjacent land until 6 months' notice of his intention to do so has been given in writing to the Minister in the case of a Government work, or to the local authority in the case of a local work.

(4) Where any land is so acquired or taken and any or all of the subsoil beneath that land is not acquired or taken, the Crown or the local authority, as the case may be, may at any time thereafter acquire or take in accordance with this Act any part of the subsoil underlying the land so acquired or taken, where the acquisition or taking is necessary for the support or protection of the work on the surface or in the air space above that subsoil.

For the purposes of sections 20, 23, 26, 36, 37, 52, and 107—

• (a) where it is proposed to deal with the whole or the residue of the land comprised in any certificate of title issued under the Land Transfer Act 1952, it shall be a sufficient identification of the land to describe it as the whole or the residue of the land in the certificate of title:

• (b) where it is proposed to deal with land previously dealt with and separately described in any Proclamation, declaration, notice, or Order in Council issued, or deemed to have been issued, under any of those sections, the description there used shall be deemed to be a sufficient identification of the land:

• (c) where it is proposed to deal with the whole of the land comprised in a separate lot or other surveyed subdivision which is shown on a plan lodged in the office of the District Land Registrar in accordance with the provisions of the Land Transfer Act 1952, or lodged in the office of the Chief Surveyor of the land district in which the land is situated, it shall be sufficient to identify the land by reference to the lot or subdivision on the plan.

Nothing in this Act shall authorise any person to remove any fencing on or near the boundary of any land that has been or is intended to be acquired under this Act unless—

• (a) other fences have been erected so that all land adjacent to that land is as effectually protected against damage by trespass as it would be if the fences were not removed; or

• (b) the owner of the adjacent land has agreed in writing to the removal of the fencing.

(1) Where part of the landholding of any person is taken compulsorily under this Act, that person may require the Minister or local authority, as the case may be, to take as a public work for the purposes of this section any other part of the holding where by reason of the taking that other part would become significantly—

• (a) more costly to retain at the same standard as previously; or

• (b) less useful to that person.

(2) Should any dispute arise as to whether or not any of the circumstances set out in this section apply to the land, the owner of the land may apply to the Environment Court for a determination of the matter. The decision of the Environment Court shall be final and binding on both parties.

(3) The Minister or local authority may subdivide, develop, provide access to, set apart, or dispose of any land taken under this section.

The acquisition or taking of any land under this Act shall not operate as a merger of interests unless or until the Minister or local authority requests that such merger be noted against the title affected by the District Land Registrar and the merger is so noted.

Where a notice has been issued in the Gazette defining the middle line of a road or railway line under sections 36 to 39, that notice shall continue to have effect until its expiry or until the fifth anniversary of the date of commencement of the Resource Management Act 1991, whichever date first occurs, as if sections 36 to 39 had not been repealed.

In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

(1) Where any land held under this or any other Act or in any other manner for any public work—

• (a) is no longer required for that public work; and

• (b) is not required for any other public work; and

• (c) is not required for any exchange under section 105—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall endeavour to sell the land in accordance with subsection (2), if that subsection is applicable to that land.

(2) Except as provided in subsection (4), the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, unless—

• (a) he or it considers that it would be impracticable, unreasonable, or unfair to do so; or

• (b) there has been a significant change in the character of the land for the purposes of, or in connection with, the public work for which it was acquired or is held—

shall offer to sell the land by private contract to the person from whom it was acquired or to the successor of that person—

• (c) at the current market value of the land as determined by a valuation carried out by a registered valuer; or

• (d) if the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority considers it reasonable to do so, at any lesser price.

(2A) If the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority and the offeree are unable to agree on a price following an offer made under subsection (2), the parties may agree that the price be determined by the Land Valuation Tribunal.

(3) Subsection (2) shall not apply to land acquired after 31 January 1982 and before the date of commencement of the Public Works Amendment Act (No 2) 1987 for a public work that was not an essential work.

(4) Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority believes on reasonable grounds that, because of the size, shape, or situation of the land he or it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties.

(5) For the purposes of this section, the term successor, in relation to any person, means the person who would have been entitled to the land under the will or intestacy of that person had he owned the land at the date of his death; and, in any case where part of a person's land was acquired or taken, includes the successor in title of that person.

Notwithstanding anything in sections 40 and 42, where any land to which section 40(2) applies was, immediately before its taking or acquisition,—

• (a) Maori freehold land or General land owned by Maori (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993); and

• (b) beneficially owned by more than 4 persons; and

• (c) not vested in any trustee or trustees—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall—

• (d) comply with the requirements of section 40; or

• (e) apply to the Maori Land Court for the district in which the land is situated for an order under section 134 of Te Ture Whenua Maori Act 1993.

(1) Where—

• (a) any offer to sell land under section 40(2) has not been accepted within 40 working days or such further period as the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority considers reasonable; or

• (b) any land is no longer required for a public work and subsections (2) and (4) of section 40 do not apply,—

the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority may—

• (c) cause the land to be offered for sale to the owner of any adjacent land at a price fixed by a registered valuer; or

• (d) cause the land to be offered for sale by public auction, public tender, private treaty, or by public application at a specified price.

(2) The chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority shall ensure that public notice is given of every public auction or invitation for public tenders or applications under this section, and that written notice of it is served on the person from whom the land was acquired if he can be readily ascertained, and on every owner of land adjoining the land proposed to be sold, not later than 20 working days before the date fixed for the auction or for the closing of tenders or applications, as the case may be.

(3) Subject to section 40(2), where any land held for a Government work—

• (a) is not required for that work; or

• (b) for any other reason the Minister considers it expedient to do so—

the Minister, without complying with any other requirements of this section, may by notice in the Gazette declare the land to be Crown land subject to the Land Act 1948, and thereupon, or from such later date as may be specified in that behalf in the notice, the land shall vest in the Crown as Crown land subject to that Act, and may be administered and disposed of under that Act.

(4) Except in any case to which section 40(2) applies, where the Crown holds an interest in any land of the type referred to in subsection (3), and that interest is not a fee simple one in severalty, the Minister, without complying with any other requirements of this section, may—

• (a) in the case of any lease, tenancy, easement, or profit à prendre, transfer or surrender it in accordance with its terms; or

• (b) by notice in the Gazette declare that interest to be under the control and management of the department within the meaning of the Survey Act 1986.

(5) Where any such interest is declared to be under the control and management of the department within the meaning of the Survey Act 1986 it may thereupon—

• (a) in the case of any lease, tenancy, easement, or profit à prendre, be transferred or surrendered in accordance with its terms:

• (b) in any other case, be administered and disposed of under the Land Act 1948 as if it were Crown land subject to that Act.

(6) Any land disposed of under section 40 or under this section may be transferred by a memorandum of transfer under the Land Transfer Act 1952. Any such memorandum of transfer may contain a recital that the land being transferred shall be amalgamated with any other land in an existing certificate of title; and that recital shall be sufficient authority to the District Land Registrar to amend such certificate of title accordingly, without fee. On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the certificate of title.

(7) Within 1 month after the registration of the memorandum of transfer, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee.

(1) Where—

• (a) a recommendation made or deemed to have been made by the Waitangi Tribunal under section 8A of the Treaty of Waitangi Act 1975 for the return to Maori ownership of any land that is held for a public work takes effect as a final recommendation; or

• (b) any provision of an Act of Parliament returns to Maori ownership any land that immediately before being so returned was held for a public work,—

any person (being the person from whom that land was acquired or the successor of the person from whom that land was acquired) who would, but for section 8A(5) of the Treaty of Waitangi Act 1975 or the effect of the Act of Parliament by which the land was returned to Maori ownership, have received in respect of that land in the normal course of events an offer under section 40 or section 41 may, at the time at which the offer would have been made, apply to the Land Valuation Tribunal for a solatium payment from the Crown for the loss of the opportunity to purchase the land.

(2) Every person who makes an application to the Land Valuation Tribunal under subsection (1) shall, as soon as practicable after making that application, serve a copy of that application on the chief executive of the department within the meaning of section 2 of the Survey Act 1986.

(3) Subject to subsection (4), the Land Valuation Tribunal shall, in assessing the amount of any solatium payment payable under this section, take into account—

• (a) the fact that the person from whom the land was acquired was paid, at the time of acquisition, the then market price as agreed or assessed; and

• (b) any other payments made to the person from whom the land was acquired; and

• (c) the fact that the offer under section 40 or section 41 would, in most cases, have been an offer to sell the land at the current market value of the land as determined by a valuation carried out by a registered valuer; and

• (d) the reasonable likelihood of the offeree being financially capable of accepting the offer; and

• (e) the degree of attachment that the offeree has to the land, including, in particular, the degree of attachment that exists by reason of the offeree or members of the offeree's family or both having been associated with the land over a considerable period of time; and

• (f) the likely market value of the opportunity to purchase the land.

(4) No solatium payment payable under this section in respect of the loss of the opportunity to purchase any land shall exceed $20,000.

(1) Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 is advised by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 that any land held by that State enterprise for a public work is no longer required for a public work, that chief executive shall ascertain—

• (a) whether an offer under section 40 or section 41 is required to be made to any person in respect of that land; and

• (b) whether, in his or her opinion, any person is entitled to apply to the Land Valuation Tribunal under section 42A for a solatium payment for the loss of the opportunity to purchase that land.

(2) Where the chief executive of the department within the meaning of section 2 of the Survey Act 1986 ascertains, under subsection (1), that any person is, in the opinion of that chief executive, entitled to apply to the Land Valuation Tribunal under section 42A for a solatium payment in respect of the loss of the opportunity to purchase that land, that chief executive shall advise that person in writing of that person's entitlement.

Any land held for a public work and proposed to be sold pursuant to section 40 or section 42 may be sold on deferred payments extending over such period and on such terms and conditions, including a deposit, as the Minister or the local authority, as the case may be, may determine.

The purchase money or instalments of purchase money of land sold under section 40, section 42, or section 43 shall—

• (a) be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989; or

• (b) be paid into and form part of the general revenues of the local authority—

as the case may require.

(1) If any land is held for any public work under this or any other Act or in any other manner, the Minister or local authority, as the case may be, may grant a lease or tenancy of the land or a licence to occupy the land on such terms and conditions as he or it may think fit.

(2) [Repealed]

(3) [Repealed]

(4) [Repealed]

(5) All rents and profits derived from land under this section shall—

• (a) be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989; or

• (b) be paid into the bank account of the Crown agency (within the meaning of the Public Finance Act 1989) holding or managing the land; or

• (c) be paid into the general revenues of the local authority or controlling authority—

as the case may require.

(6) The Minister or local authority may at any time accept the surrender of any lease, tenancy, or licence to occupy granted under this section.

(1) The Minister may, by notice in the Gazette, authorise the sale and removal of timber or coal on or under any land vested in the Crown for a public work.

(2) Nothing in subsection (1) shall limit the liability of the Crown for any damage that may be caused by reason of the removal of any such timber or coal.

(3) Nothing in this section shall derogate from the provisions of the Resource Management Act 1991.

(1) Except as provided in subsection (4), where any land has become vested in the Crown or a local authority under this Act or any former Act relating to public works, the District Land Registrar, on the completion of such surveys (if any) as may be necessary, shall at the request of the Minister or local authority issue a certificate of title for the estate in the land or part of the land specified in the request in the name of the Crown or local authority, as the case may require, and that certificate of title shall include a reference to the purposes (if any) for which the land is held, and may be subject to any relevant encumbrances or restrictions.

(2) Any instrument which relates to the land in any such certificate of title and which is duly executed by a person having the necessary authority may thereafter be registered in accordance with the provisions of the Land Transfer Act 1952.

(3) Where any District Land Registrar issues any certificate of title under this section he shall not prepare any duplicate of the certificate of title unless the Minister or local authority so requests; and, where no request is made for the preparation of a duplicate of the certificate of title at the time when the request is made for the issue of the certificate of title—

• (a) the certificate of title shall be held in the register, and for all the purposes of the Land Transfer Act 1952 the certificate of title so held shall be deemed to be the duplicate certificate of title, and any duplicate of it thereafter prepared and issued at the request of the Minister or local authority shall be deemed to be the certificate of title:

• (b) while the held copy of the certificate of title is the only copy of the certificate of title which has been prepared it shall be endorsed to that effect.

(4) Nothing in this section shall apply to any land vested in the Crown in respect of which provision is made by any other Act for the issue of a certificate of title.

The Crown or the local authority having control of the public work, as the case may be, may from time to time grant to any person any easement in, through, over, or under any land held for a public work, subject to such conditions and payment of rent as the Crown or the local authority thinks fit, including, except where otherwise specifically agreed, revocation without compensation on 3 months' notice in writing.

Every power conferred by this Act on the Minister or a local authority, as the case may be, to sell or let or lease any land held for a public work, or to grant an easement in respect of any such land, shall include the power to sell or let or lease, or grant any easement in respect of, together with or separately from the surface of the land,—

• (a) the whole or any portion of the air space above the land:

• (b) the whole or any portion of the subsoil of the land.

(1) Notwithstanding anything to the contrary in this Act or in any other Act, but subject to section 40, any existing public work or part of any existing public work may be disposed of by the Minister to a local authority, or by a local authority to the Minister or another local authority, for a public work, whether of the same kind or not, if reasonable provision for satisfying the requirements of the public interest in that work will continue to exist.

(2) Any agreement relating to the sale and purchase of a public work pursuant to this section may contain such provisions as the Minister and the local authority, or the 2 or more local authorities, think fit.

(3) If any agreement under this section involves a change of the ownership of any land, the land may be taken by the local authority or the Minister, as the case may require, by declaration under section 20, and the provisions of this Act as to the disposal of land held for a public work shall not apply.

(1) No title to any land held for any public work, and no right, privilege, or easement in, upon, or over any such land, shall be acquired by possession or user adversely to or in derogation of the title of the Crown or of any local authority in which the land is vested.

(1A) Subsection (1) applies despite any enactment that prescribes a limitation period or other limitation defence.

(2) The provisions of subsection (1) shall be in addition to and not in derogation from the provisions of section 64 of the Land Transfer Act 1952.

(1) Subject to subsections (2) and (3), if the whole or any part of—

• (a) a public reserve is required for any public work; or

• (b) any Crown land, or common marine and coastal area, is required for any public work; or

• (c) any wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of the Wildlife Act 1953 is required for any public work; or

• (d) any land held for a Government work is required for another Government work—

the Minister may, by notice in the Gazette, declare the land to be set apart for that work without complying with any of the provisions of this Act in respect of the acquisition of other land for that purpose.

(2) The whole or any part of a public reserve shall not be set apart under subsection (1) without the consent of the Minister of Conservation, given after consultation with the administering body (if any) of the reserve.

(3) Land shall not be set apart under subsection (1) without the consent of—

• (a) the Minister of Conservation, if it is a conservation area within the meaning of the Conservation Act 1987 or is managed by the Department of Conservation under section 61 or section 62 of that Act:

• (aa) [Repealed]

• (ab) [Repealed]

• (b) the Minister of Transport or the Minister of Conservation, as may be appropriate, if it is part of the common marine and coastal area:

• (c) the Minister of Conservation, if it is a wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of the Wildlife Act 1953.

(4) Subject to subsections (6) to (8), if the whole or any part of any land held by a local authority (other than a road, access way, or service lane) is required for another local work to be undertaken by that local authority, the Minister, on receiving a written request by the local authority signed by its chief executive, may by notice in the Gazette declare the land to be set apart for that other local work.

(5) The whole or any part of a public reserve held by a local authority shall not be set apart under this Act for a public work to be undertaken by the same local authority unless the land is designated for the work in the district plan of the territorial authority.

(6) Every request by a local authority under subsection (4) shall contain particulars of the land affected, of the work for which it is held, and of the work for which it is proposed to set the land apart.

(7) A statutory declaration by the chairperson or mayor or the chief executive of the local authority to the effect that the local authority is authorised by law to undertake the work for which it is proposed to set the land apart may be accepted by the Minister as sufficient evidence of that fact.

(8) Where the provisions of section 32 are not applicable, the local authority shall attach to the request to the Minister a plan in triplicate of the survey of the land, approved by the Chief Surveyor, showing accurately the position and extent of the land proposed to be set apart.

In this Part, unless the context otherwise requires, Minister means the Minister of Lands.

Except as provided in section 55, a Proclamation or declaration issued under this Act or under any former Public Works Act shall not be held or deemed to have taken or to take effect until it was or is published in the Gazette or such later date as may be specified in the Proclamation or declaration.

(1) If at any time after the issue or making of any Proclamation or declaration taking or acquiring land for a public work under this Act, and before the payment or award of any compensation in respect of its taking, it is found that the land or any part of it is not required for the purpose for which it was taken, the Governor-General may by a subsequent Proclamation, or the Minister may by a subsequent declaration, published in the Gazette, revoke the former Proclamation or declaration either wholly or so far as he thinks necessary.

(2) The former Proclamation or declaration shall thereupon, to the extent to which it has been so revoked, be void and of no effect as from the date on which it was made.

(3) Any registration which in respect of the taking or acquisition of that land has been effected by the District Land Registrar or any other person pursuant to section 57, or pursuant to any other authority in that behalf, shall thereupon be cancelled and be deemed to have been of no effect as from the date on which it was made, to the same extent to which the said Proclamation or declaration has been so revoked.

(4) Any person who has or had any interest in the land so acquired or taken and who has, in respect of that interest suffered any loss or damage by reason of the Proclamation or declaration shall be entitled to recover compensation for that loss or damage under this Act in the same manner as if it were compensation payable under this Act.

(5) Compensation under subsection (4) shall be recovered from—

• (a) the Minister, in the case of any Proclamation or declaration relating to a Government work:

• (b) the local authority, in the case of any Proclamation or declaration relating to a local work.

(6) A Proclamation or declaration may be revoked under this section whether made before or after the commencement of this Act.

If any Proclamation, Order in Council, notice, declaration, or other document executed under this Act is found to contain any error in form or substance, or if any error in form or substance exists in or in relation to its making or gazetting, the Governor-General, Governor-General in Council, Minister, or other authorised person, as the case may require, may in a subsequent document of the same type amend or revoke the first-mentioned document to correct the error, and the subsequent document shall be deemed to have taken effect on the same date that the first-mentioned document took effect.

The validity of any Proclamation, Order in Council, or declaration under this Act shall not be affected by any misdescription in it of the land or of any interest in the land if sufficient information appears on the face of the Proclamation, Order in Council, or declaration, to enable the District Land Registrar to satisfy himself of the land intended to be affected.

(1) Except as provided in section 58, the Minister shall cause a copy of every Proclamation or declaration taking or acquiring or setting apart land and of any plan referred to in it not already held by the District Land Registrar, to be registered without fee in the office of the District Land Registrar.

(2) If the land is not subject to the Land Transfer Act 1952—

• (a) the District Land Registrar shall cause an entry of the Proclamation or declaration and plan to be made under the proper heading or title in the index book of the Deeds Register Office; and

• (b) upon such registration the land shall thereupon become subject to the Land Transfer Act 1952.

(3) An error in any Proclamation or declaration shall not of itself prevent its registration in respect of the titles to land validly affected.

(4) If the land is subject to the Land Transfer Act 1952—

• (a) the District Land Registrar shall register the Proclamation or declaration and plan against the land:

• (b) any person in possession of the Crown grant, certificate of title, or other instrument evidencing the title to the land shall, upon receiving notice from the District Land Registrar or the Minister or local authority in that behalf, deliver up to him such grant, certificate of title, or other instrument to be wholly or partially cancelled, as the case may require; and every person who refuses or neglects so to deliver up any such instrument commits an offence against this Act:

• (c) the District Land Registrar shall issue free of charge to the registered proprietor of the land not taken a certificate of title for such land, unless—

  • (i) in the circumstances the District Land Registrar considers such issue to be unwarranted; or

  • (ii) a Crown grant has not been issued for it.

(5) No person having in his possession any such Crown grant, certificate of title, or other instrument shall be entitled to receive any compensation under this Act until such instrument is delivered up to the District Land Registrar.

In the case of a Proclamation or declaration taking, acquiring, or setting apart any land which is not subject to the Land Transfer Act 1952, and dealings with which are not registrable under the Deeds Registration Act 1908, the Minister shall cause a copy of it to be lodged in the office of the Chief Surveyor, and the Chief Surveyor shall cause the land included in the Proclamation or declaration to be shown upon the proper plans and records of the district affected by the Proclamation or declaration in such manner as to prevent the land being disposed of in any manner at variance with the Proclamation or declaration.

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

(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.

(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.

(1) The amount of compensation payable under this Act, whether for land taken, land injuriously affected, or otherwise, shall be assessed in accordance with the following provisions:

• (a) subject to the provisions of sections 72 to 76, no allowance shall be made on account of the taking of any land being compulsory:

• (b) the value of land shall, except as otherwise provided, be taken to be that amount which the land if sold in the open market by a willing seller to a willing buyer on the specified date might be expected to realise, unless—

  • (i) the assessment of compensation relates to any matter which is not directly based on the value of land and in respect of which a right to compensation is conferred under this or any other Act; or

  • (ii) only part of the land of an owner is taken or acquired under this Act and that part is of a size, shape, or nature for which there is no general demand or market, in which case the compensation for such land and the injurious affection caused by such taking or acquisition may be assessed by determining the market value of the whole of the owner's land and deducting from it the market value of the balance of the owner's land after the taking or acquisition:

• (c) where the value of the land taken for any public work has, on or before the specified date, been increased or reduced by the work or the prospect of the work, the amount of that increase or reduction shall not be taken into account:

• (d) the special suitability or adaptability of the land, or of any natural material acquired or taken under section 27, for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only pursuant to statutory powers, or a purpose for which there is no market apart from the special needs of a particular purchaser or the requirements of any government department or of any local authority:

• (e) the Tribunal shall take into account by way of deduction from that part of the total amount of compensation that would otherwise be awarded on any claim in respect of a public work that comprises the market value of the land taken and any injurious affection to land arising out of the taking, any increase in the value of any land of the claimant that is injuriously affected, or in the value of any other land in which the claimant has an interest, caused before the specified date or likely to be caused after that date by the work or the prospect of the work:

• (f) the Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred as a result of the exercise by the New Zealand Transport Agency of any power under section 91 of the Government Roading Powers Act 1989.

(2) In this section, the term specified date means—

• (a) in the case of any claim in respect of land of the claimant which has been taken pursuant to section 26, the date on which the land became vested in the Crown or in the local authority, as the case may be:

• (b) where compensation is claimed under section 80 and the Minister or the local authority has (before the issue of the Proclamation) notified the Tribunal what land he or it proposes to take—

  • (i) the date of that notification; or

  • (ii) the date of the first entry upon the land for construction purposes; or

  • (iii) the date on which the land is first injuriously affected by the work; or

  • (iv) the date of any agreement made under section 80(1)(c) or any date specified in such an agreement—

  whichever is the earliest:

• (c) in the case of any other claim in respect of land of the claimant which has been or is proposed to be taken for any work, the date on which the land became by Proclamation or declaration vested in the Crown or in the local authority, as the case may be, or the date on which the land was first entered upon for the purpose of the construction or the carrying out of the work, whichever is the earliest:

• (d) in the case of any claim in respect of any work for which no land of the claimant has been taken and no land of the claimant is proposed to be taken, the date of the commencement of the execution of the portion of the work that causes damage to or injuriously affects the land of the claimant:

• (e) [Repealed]

(3) Where any lessor's or lessee's estate or interest in any land is taken or acquired under this Act, such estate or interest may, if required by its owner, for the purpose of assessing compensation under this Act, be valued separately from the freehold.

(1) Where—

• (a) substantial injurious affection to a person's land is caused by the construction (but not the maintenance or operation) of a public work; and

• (b) the injurious affection is not caused by changes of traffic flows arising out of the opening of any new road or motorway or the widening, upgrading, or deviation of an existing road; and

• (c) there would exist a right of action at common law in respect of the injurious affection by the owner of the land against the Crown or the local authority, as the case may require,—

the Crown (acting through the Minister) or local authority shall compensate that person to such extent as the injurious affection warrants.

(2) In determining the existence of any right of action for the purposes of subsection (1)(c), the existence of any statutory authority or immunity that may be available to the Crown or local authority shall be disregarded.

(3) The provisions of this section shall not apply where construction of that part of the public work which causes the injurious affection has been commenced before the claimant acquired the land that is injuriously affected.

Where land is taken or acquired from any person for the purpose of constructing any public work which is to be situated partly on that land and partly on other land, compensation for injurious affection of the land retained by that person shall be assessed by reference to the effect of the whole of the public work on the land so retained and not only to the part situated on the land taken or acquired from that person.

(1) Where land that is taken or acquired for a public work was devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, compensation may be assessed on the basis of the reasonable cost of equivalent reinstatement in some other place if the Land Valuation Tribunal or, in the case of any claim not before the Tribunal, the Minister or the local authority, is satisfied that such reinstatement is in good faith intended.

(2) No person shall be entitled to compensation under this section unless—

• (a) he was not a willing party to the taking or acquisition; or

• (b) he was a willing party to the taking or acquisition principally because the land had been notified.

(1) Subject to subsection (2), the owner of any land taken or acquired under this Act for a public work shall be entitled to recover compensation for any disturbance to his land and in particular to recover, where appropriate,—

• (a) all reasonable costs incurred by him in moving from the land taken or acquired to other land acquired by him in substitution for the land taken or acquired, including—

  • (i) [Repealed]

  • (ii) the reasonable valuation and legal fees or costs incurred in respect of the land taken or acquired:

  • (iii) the reasonable valuation and legal fees or costs incurred in respect of the land acquired in substitution, but not exceeding the reasonable valuation and legal fees or costs which would be incurred in respect of land with a market value equal to the land taken or acquired:

  • (iv) the actual and reasonable costs incurred by him in transporting his goods and chattels and those of his family from the land taken or acquired to the land acquired in substitution, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution:

• (b) an allowance for any improvements not readily removable from the land taken or acquired which are of particular use to a disabled owner or any disabled member of an owner's family and which are not reflected in the market value of the land.

(2) No person shall be entitled to compensation under this section unless—

• (a) he was not a willing party to the taking or acquisition; or

• (b) he was a willing party to the taking or acquisition principally because the land had been notified.

(1) If, as a direct result of land being taken or acquired under this Act for a public work, any mortgage of that land has to be repaid in whole or in part, the mortgagor whose land is taken or acquired shall be entitled to an amount to compensate him for any loss incurred by reason of any difference in the interest rate fixed under the mortgage of the land taken or acquired and the rate fixed under the mortgage of the land acquired in substitution, during the term for which the principal provided for in the previous mortgage had been advanced, but such difference shall not be calculated on a new interest rate any greater than interest rates prevailing in the locality for an equivalent mortgage up to the balance of the outstanding principal and for the balance of the term.

(2) No person shall be entitled to compensation under this section unless—

• (a) he was not a willing party to the taking or acquisition; or

• (b) he was a willing party to the taking or acquisition principally because the land had been notified.

(1) The owner of any land taken or acquired under this Act for a public work who has a business located on that land shall be entitled to compensation for—

• (a) business loss resulting from the relocation of the business made necessary by the taking or acquisition which loss, unless the owner and the Minister or local authority otherwise agree, shall not be determined until the business has moved and (if the circumstances so require) until sufficient time has elapsed since the relocation of the business to enable the extent of the loss to be quantified; or

• (b) loss of the goodwill of any such business, if—

  • (i) the land is valued on the basis of its existing use; and

  • (ii) the owner gives such assurances and undertakings not to dispose of the goodwill and not to engage in any similar trade or business as may be required by the Minister or local authority.

(2) No person shall be entitled to compensation under this section unless—

• (a) he was not a willing party to the taking or acquisition; or

• (b) he was a willing party to the taking or acquisition principally because the land had been notified.

(1) Subject to sections 99 to 101, where entry is made by the Crown on land pursuant to a notice defining the middle line of a road, limited access road, motorway, or railway, and no agreement for the payment or determination of compensation has been made, the owner of any estate or interest in the land entered on shall be entitled on application to the Minister to be made a formal offer of compensation for the taking of his estate or interest in the land entered upon.

(2) Subject to subsection (5), the amount of the offer shall be such as the Minister considers adequate to fairly compensate the owner for his estate or interest.

(3) Unless the Minister and the owner otherwise agree, the offer shall be subject to the owner, before settlement, giving vacant possession of the land (if applicable) and supplying such details as the Minister may reasonably require in order to comply with sections 99 to 101.

(4) The offer shall be made to the owner within 1 month after the date of receipt of the application by the Minister and shall be open for acceptance for a period of 3 months after the date of the offer.

(5) If the extent of land to be taken cannot be accurately defined when the offer is made, the offer shall be deemed to be an offer by way of compensation without prejudice to the right of the Minister to make an application under section 79, or the right of the owner to bring a claim for compensation under this Act upon the issue of a Proclamation or declaration under this Act, and if the compensation so assessed is less than the amount paid to the owner by way of compensation, then the award of the Tribunal shall be for the payment by the claimant to the respondent of the amount of the difference and the costs of the inquiry.

(6) Subject to subsection (5), the acceptance of any offer may at the option of the owner be in full and final settlement of compensation or without prejudice to the owner's right to have compensation determined under this Part.

(7) Nothing in this section shall inhibit or delay the bringing of a claim for compensation under section 80.

(1) Subject to sections 99 to 101, where any land is taken under this Act, and no agreement for the payment or determination of compensation has been made, the owner of any estate or interest in the land taken shall, notwithstanding the provisions of section 77, be entitled on application to the Minister or local authority to be made a formal offer of compensation for his estate or interest in the land taken.

(2) The provisions of subsections (2), (3), (4) and (6) of section 69 shall apply to the making of an offer under this section, and every reference in those subsections to the Minister shall be read as a reference to the Minister or the local authority, as the case may require.

(1) For the purposes of this section, the term relevant date means—

• (a) the date on which notification was given under section 18(1)(a); or

• (b) the date on which a requirement was notified under section 167 of the Resource Management Act 1991,—

as the case may be.

(2) If the Land Valuation Tribunal considers that the claimant in respect of any land taken or acquired for a public work has at any time after the relevant date done anything on or under the land with the purpose and effect of rendering the execution of the work more difficult or costly, the Tribunal shall take into account, by way of deduction from the amount of compensation to be awarded, any increase in the cost of executing the work caused or likely to be caused thereby; and if the Tribunal considers such increase in cost exceeds the value of the land taken, the award shall be for the payment by the claimant to the respondent of the amount of such excess and the costs of the inquiry.

(3) The carrying out of repairs or maintenance to any improvements on the land to a value not exceeding, in any 3-yearly period, 15% of the value of the improvements on that land as shown on the valuation roll for the district, shall for the purposes of this section be deemed not to have been done with the purpose and effect of rendering the execution of the work on that land more difficult or costly.

(4) Where any such claimant has at any time after the relevant date done anything on or under the land with the effect of rendering the execution of the work more difficult or costly he shall be presumed to have done so with that purpose unless he proves that in so doing he took reasonable precautions to avoid that effect.

(5) If the owner or occupier of any land wishes to do anything on or under the land which may cause the amount of compensation payable to him to be reduced under this section, he may apply for permission to do that thing on or under his land. Every such application shall specify what the applicant wishes to do, on what part of his land he proposes to do it, and the address to which any reply to him may be sent. Every such application shall be made in writing sent by post in a registered letter addressed in accordance with the following requirements:

• (a) in the case of any land that is affected by a notice or a Proclamation defining the middle line of a railway that has been made or attested by the Minister of Railways or that is affected by a notice of intention to take that has been issued under the hand of the Minister of Railways, it shall be addressed to the Railways District Engineer of the district in which the land is situated:

• (b) in the case of any land that is affected by any other Government work, it shall be addressed to the chief executive of the department within the meaning of section 2 of the Survey Act 1986 for the district in which the land is situated:

• (c) in the case of any land that is affected by any local work, it shall be addressed to the local authority.

(6) If on receiving any such application the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority so requires, the applicant shall—

• (a) supply plans to the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority, as the case may be, and place pegs in the ground, to show exactly what part of the land will be affected by the proposals; and

• (b) notify the Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority, as the case may be, when he has so placed the pegs in the ground—

and for the purposes of subsection (7), the period between the date of any such requirement and the date of compliance with it shall not be taken into account.

(7) The Railways District Engineer or the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or the local authority may decline any application so made to him or it; and every such application that is not declined by notice in writing given to the applicant within 3 months after the date of the receipt of the application (exclusive of any period which is not to be taken into account in accordance with subsection (6)) shall be deemed to have been granted, and anything done on or under the land after approval of that thing has been granted or is deemed to have been granted shall not be subject to the provisions of this section. Notice under this subsection may be given to any applicant by delivering it to him personally or by sending it to him by post in a registered letter addressed to him at the address specified in his application.

(8) Any person whose application is declined under subsection (7) may, within 15 working days after the receipt by him of the notice declining the application, appeal to the Environment Court against the declining of his application.

(9) Every such appeal shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and any regulations made under that Act.

(10) The decision of the Environment Court on any such appeal shall be final and binding.

(1) Subject to the provisions of this section, where any land that has been notified and that contains a dwelling used as a private residence is taken or acquired for the public work for which it was notified there shall be paid to the owner of the land the sum of $2,000 by way of solatium.

(2) Compensation shall not be paid under subsection (1) unless—

• (a) where the land has been acquired by an agreement which specifies a date for the giving of vacant possession, vacant possession of the land and all buildings and structures on the land has been given to the notifying authority on or before the specified date or such later date as the authority may in any case allow:

• (b) where—

  • (i) the land has been acquired by an agreement which does not specify a date for the giving of vacant possession; or

  • (ii) no agreement for sale has been entered into and the land has been taken by Proclamation—

  vacant possession of the land and all buildings and structures on the land has been given to the notifying authority within 1 month after the date on which the authority has served notice on the vendor or the person from whom the land was taken, as the case may be, that vacant possession is required, or within such longer period as the authority may in any case allow.

(3) Compensation shall not be payable under subsection (1) unless the person giving vacant possession—

• (a) was the owner, or the spouse, civil union partner, or de facto partner of the owner, of the land on the date on which it was notified, or, where the owner has died since that date, was the person beneficially interested in the land; and

• (b) was the owner of the land on the date on which vacant possession of the land and all buildings and structures on the land was given to the notifying authority; and

• (c) the dwelling on the land was the principal place of residence of that person for a substantial part of the period between the date of notification and the date of so giving vacant possession; and

• (d) was not a willing party to the taking or acquisition of the land, or was a willing party to the taking or acquisition principally because the land had been notified.

(4) If any payment of compensation under this section is to be made in respect of land that is owned by more than 1 person, the payment shall be made only to those owners who qualify for payment under subsection (3). If payment is to be made to more than 1 owner, the amount of the payment shall be apportioned between the owners in proportion to the shares in which they owned the land.

(5) Subject to subsection (6), if any compensation is payable under this section to a lessee or sublessee of land under a lease or sublease which, on the date on which vacant possession was given to the notifying authority, will expire less than 5 years after that date, the amount of compensation shall be reduced so that the amount to be paid bears the same proportion to the amount of compensation that would otherwise be payable as the period from the date on which vacant possession was given to the date of expiry of the lease or sublease bears to a period of 5 years.

(6) The amount of compensation under subsection (5) shall not be reduced under this subsection to less than the amount that the lessee or sublessee would have received under section 75 had he been a weekly or a monthly tenant.

(7) For the purposes of subsection (5), the date on which any lease or sublease containing a right of renewal will expire shall be deemed to be the date on which it would have expired if the right of renewal had been exercised.

(1) Subject to the provisions of this section, where any land that—

• (a) has been notified; and

• (b) contains a dwelling used as a private residence—

is taken or acquired for the public work for which it was notified and the market value of the owner's interest in the land is insufficient to enable the owner to acquire another private residence of a standard reasonably equivalent to the residence on the land so taken or acquired, there may, in the discretion of the notifying authority, be advanced to the owner by the authority, in addition to the compensation otherwise payable under this Act, such amount as the authority considers reasonable to assist the owner to acquire another private residence of a reasonably comparable standard.

(2) An advance shall not be made to an owner of land under subsection (1) unless—

• (a) the owner has given vacant possession of the land taken or acquired and all buildings and structures on the land to the notifying authority; and

• (b) the owner was the owner of the land on the date on which vacant possession was so given; and

• (c) the dwelling on the land was the principal place of residence of that person for a substantial part of the period between the date of notification and the date of so giving vacant possession; and

• (d) the person giving vacant possession—

  • (i) was not a willing party to the taking or acquisition of the land; or

  • (ii) was a willing party to the taking or acquisition principally because the land had been notified.

(3) Any money advanced under this section shall constitute a debt due by the person to whom it is paid to the notifying authority who or which paid it, and shall be a charge on the estate or interest of that person in the land acquired by him, or in the land on which a dwelling is constructed by him, with the assistance of such money, and notice of the charge may be registered against that land under the provisions of the Statutory Land Charges Registration Act 1928.

(4) Except with the consent of the chief executive of the department within the meaning of section 2 of the Survey Act 1986 (where the notifying authority is the Minister) or the notifying authority (in any other case), a dealing in connection with any such estate or interest (other than a dealing which is not required to be executed by the registered proprietor) shall not be registered while a charge under subsection (3) is registered against the land.

(5) For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under subsection (3) and any certificate releasing any such charge, and any consent under subsection (4), may be signed by the chief executive of the department within the meaning of section 2 of the Survey Act 1986, where the notifying authority is the Minister.

(6) Any money advanced under this section shall be repaid to the notifying authority at such reasonable times and on such reasonable terms and conditions (including interest) as may be specified by the notifying authority when making the advance.

(7) If the owner considers that any provision specified by the notifying authority under subsection (6) (other than as to the amount of money paid) is unreasonable he may within 20 working days after receiving advice of the provision apply to the Land Valuation Tribunal for a review of the provision.

(8) On receipt of such an application the Land Valuation Tribunal shall review the provision and may confirm or alter it or may omit it and substitute some other reasonable provision.

(1) Subject to the provisions of this section, where any land that—

• (a) has been notified; and

• (b) is used for a farm or for a commercial or industrial undertaking—

is taken or acquired for the public work for which it was notified, and the market value of the owner's interest is insufficient to enable the owner to acquire a similar interest in a farm or commercial or industrial property, as the case may be, of a standard reasonably equivalent to that so taken or acquired on which to continue to carry on farming or the commercial or industrial undertaking, as the case may be, there may, in the discretion of the notifying authority, be advanced to the owner, in addition to the compensation otherwise payable under this Act, such amount of money as the authority considers reasonable to assist him to acquire other land reasonably equivalent to that so acquired on which to continue to carry on farming or the commercial or industrial undertaking.

(2) No money shall be advanced under subsection (1) to any person unless that person—

• (a) was not a willing party to the taking or acquisition of the land; or

• (b) was a willing party to the taking or acquisition principally because the land had been notified.

(3) Any money advanced under this section shall constitute a debt due by the person to whom it is paid to the notifying authority who or which paid it, and shall be a charge on the estate or interest of that person in the land acquired by him with the assistance of such money, and notice of the charge may be registered against that land under the provisions of the Statutory Land Charges Registration Act 1928.

(4) Except with the consent of the chief executive of the department within the meaning of section 2 of the Survey Act 1986 (where the notifying authority is the Minister) or the notifying authority (in any other case) no dealing in connection with any such estate or interest (other than a dealing which is not required to be executed by the registered proprietor) shall be registered while a charge under this section is registered against the land.

(5) For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under this section and any certificate releasing any such charge, and any consent under this section, may be signed by the chief executive of the department within the meaning of section 2 of the Survey Act 1986, where the notifying authority is the Minister.

(6) Any money advanced under this section shall be repaid to the notifying authority at such reasonable times and on such reasonable terms and conditions (including interest) as may be specified by the notifying authority when making the advance.

(1) Subject to the provisions of this section, where—

• (a) any land has been notified; and

• (b) the land was, on the date on which it was notified, occupied by a weekly or monthly tenant; and

• (c) the tenant was on that date in occupation of the land under a tenancy agreement which commenced before the land was taken or otherwise acquired by the notifying authority; and

• (d) the tenant occupied the land continuously from that date to the date on which he vacated the land so that vacant possession could be given to the notifying authority—

there may, in the discretion of the notifying authority, be paid to the tenant by the authority such compensation as is provided for in subsection (2), on receiving an application in that behalf from the tenant.

(2) Subject to subsection (3), the amount of compensation payable under subsection (1) shall be—

• (a) in the case of a tenant who occupied the land for residential purposes, such sum of money as will fairly reimburse the tenant for—

  • (i) the actual and reasonable costs incurred by him in transporting his goods and chattels and those of his family to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution:

  • (ii) the value or loss in value of any floor coverings and soft furnishings that have been necessarily abandoned or spoilt or become less valuable as a result of moving to such other accommodation:

• (b) in the case of a tenant who occupied the land for other purposes, such sum of money as will fairly reimburse him for the actual and reasonable costs incurred by him in transporting his equipment, plant, and stock to other accommodation, but not exceeding the reasonable costs of such transport by road over a distance of 80 kilometres, or such greater distance as is necessary to reach the nearest land that reasonably could have been acquired in substitution.

(3) Compensation shall not be paid under this section unless—

• (a) not less than 10 working days' notice of the proposed move has been given by the tenant to the notifying authority; and

• (b) application for payment by the tenant is made to the notifying authority before the expiry of 2 months after the date on which the transport costs were incurred or on which the abandonment or spoiling of floor coverings or soft furnishings occurred, as the case may be.

(1) Subject to subsection (2), where—

• (a) land has been notified in any of the ways described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of the definition of the term notified in section 59, and the notification has subsequently been cancelled or withdrawn; or

• (b) a Proclamation or declaration has been revoked under section 54; or

• (c) the Minister or a local authority has initiated negotiations for the acquisition for a public work of any land not previously advertised or available for sale, and the Minister or local authority discontinues the negotiations—

the notifying authority, the Minister, or the local authority, as the case may be, shall, on receiving an application in that behalf from the owner of the land, pay to the owner such sum of money as will fairly reimburse him for the actual and reasonable costs and expenses incurred by him as a direct result of the notification, the issue of the Proclamation or declaration that has been revoked, or the initiation of the negotiations, as the case may be.

(2) Payment shall not be made under this section unless the application for payment is made by the owner of the land to the notifying authority, or to the Minister or local authority, before the expiry of 6 months after the date on which the notification was cancelled or withdrawn, the Proclamation or declaration was revoked, or the owner was advised that negotiations would be discontinued, as the case may be.

A claim for compensation may be made by the owner of any land who claims to be entitled to compensation under this Act whether such person has or has not the power to sell and convey the land, or by any executor or administrator of such person; and any such claim on behalf of any beneficiary, ward, or mentally disordered person may be made by his trustee, guardian, or manager, respectively.

(1) Subject to the provisions of this or any other Act, a claim for compensation under this Act or any former Act relating to public works shall not be made (in respect of any land taken) after a period of 2 years after the date of the Proclamation or declaration taking the land, or (in respect of any other claim under this Act) after a period of 2 years after the execution of the works or the exercise of the power out of which such claim has arisen or may arise.

(2) For the purposes of this section the term execution of the works means the completion of the construction of any portion of a work where that portion in itself (and without reference to any other part of the work) causes the damage or injurious affection; and that portion of the work shall be deemed to be completed when anything further that may be required to be done to finish it will have no effect either to increase or lessen the damage or injurious affection.

(3) Either period of 2 years referred to in subsection (1) may, on application made either before or after the expiration of that period, be extended by the Minister or local authority, as the case may be, upon or subject to such conditions as he or it thinks fit, to such period (not exceeding 6 years after the date of the Proclamation or declaration taking the land or the date of execution of the work or the exercise of the power, as the case may require) as the Minister or local authority thinks fit.

(4) The period of 2 years referred to in subsection (1) shall, in the case of a claim in respect of damage arising out of the execution or operation of any irrigation works, be deemed to be a period of 2 years after the day on which the race or dam or other part of the works which in itself causes the damage is first filled for irrigation purposes to the level intended to be normal.

(5) Any applicant under subsection (3) who is dissatisfied with any decision made by the Minister or local authority under that subsection may appeal to the Tribunal in respect of that matter and the decision of the Tribunal shall be final.

(1) At any time after the expiration of 3 months after the date on which any person has acquired any right to make a claim for compensation, if that person has failed to make the claim, the Minister or the local authority may give notice in writing to that person of his or its intention, after the expiration of 4 months after the date on which the notice is given, to apply to the Land Valuation Tribunal to determine what amount of compensation (if any) shall be paid to that person in respect of the matters and land specified in the notice, and in respect of all claims arising at or about the same time which the claimant may have.

(2) If after the expiration of that period of 4 months and of any extension of it which the Tribunal may allow on application made to it in that behalf within that period, the person to whom the notice has been given has failed to make the claim in accordance with section 82, the Minister or the local authority, as the case may be, may apply to the Land Valuation Tribunal to determine what amount of compensation (if any) shall be paid to that person in respect of the matters and land specified in the application, and to fix a suitable date for the hearing of the application.

(3) If application is made to the Tribunal under this section, notice of the application shall be given not less than 2 months before the date of the hearing of the application to the person whose rights are to be determined thereby, and that person may—

• (a) not less than 20 working days before the date fixed for the hearing of the application, file in the office of the Tribunal nearest to the place where the land is situated, and serve on the applicant, particulars of the claim (if any) which he makes in respect of the matters and land to which the application relates:

• (b) appear and be heard on the application or claim so filed.

(4) Subject to the provisions of this section, the Tribunal shall proceed to hear the parties and to examine the claim (if filed), or if no claim is filed to examine the application as if it were a claim duly made by the person to whom the application relates, but if no claim has been filed in accordance with subsection (3)(a), but the person whose rights are to be determined has appeared and been heard, the applicant shall be entitled to an adjournment for a reasonable period if he or it wishes to make any further investigation of any matter arising in the claimant's evidence.

(5) If the circumstances render it desirable to do so, the Tribunal may hear together 2 or more applications under this section.

(1) A claim for compensation in respect of the taking of any land of any person for any public work shall lie and may be enforced in accordance with the provisions of this Act notwithstanding that no Proclamation or declaration taking the land has issued if—

• (a) the Minister or the local authority has issued a notice under section 18(1)(a) in respect of the land; or

• (b) the execution has been completed of every portion of the work which will affect the amount of the land of that person which will have to be taken for the work or which will injuriously affect or damage the land of that person; or

• (c) the Minister or local authority and the owner of the land to be taken for any work have agreed to the land being taken and to the compensation being assessed in accordance with this Part.

(2) In any case to which subsection (1)(a) applies, the claimant shall by notice in writing require the Minister or local authority to indicate whether the Minister or local authority intends to proceed with the acquisition of the claimant's land.

(3) If the Minister or local authority confirms the intention to acquire the land or if paragraph (b) or paragraph (c) of subsection (1) applies, the claimant shall proceed with the claim under this section and the making of such a claim shall operate for the purposes of section 17 as an agreement by the claimant under section 17 to the claimant's estate or interest in that land being taken subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part.

(4) If at the expiration of a period of 3 months from the date on which the notice pursuant to subsection (2) was given to the Minister, or local authority—

• (a) the Minister or local authority has not indicated in writing the intention to proceed with the acquisition of the claimant's land; or

• (b) the notice given under section 18(1)(a) has not been withdrawn or has not lapsed,—

then the claimant may advise the Minister or local authority in writing that the notice given under subsection (2) is to constitute—

• (c) an agreement by the claimant to the claimant's estate or interest in that land being taken, subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part; or

• (d) a withdrawal of the notice given in respect of the claimant's land under section 18(1)(a).

(5) In any case to which subsection (1)(b) applies, the making of a claim under this section in respect of any land to be taken shall operate, for the purposes of section 17, as an agreement by the claimant to the claimant's estate or interest in that land being taken subject to subsection (7) and subject to the compensation to be paid being left to be determined under this Part.

(6) Any requirement or claim made under this section shall—

• (a) operate to automatically withdraw any objection made by the claimant under section 23 to the taking of the same land; and

• (b) prevent the commencement or prosecution of any proceedings by or on behalf of the claimant to prevent or delay the execution of the work or the taking of the land which is the subject of the requirement or claim made under this section.

(7) If a Proclamation or declaration taking or acquiring the land has not been issued when the Land Valuation Tribunal commences to hear any claim made under this section, the Minister or the local authority shall, at the commencement of the hearing, notify as nearly as may be what land (if any) is proposed to be taken; and the Tribunal shall hear the claim and assess compensation as if that land had been so taken.

(8) For the purpose of any claim made under this section the forms prescribed in Schedules 3 and 4 may be varied to such extent as may be necessary to express the circumstances of the claim.

(1) If any person with whom it is desired to enter into an agreement under section 17 or section 18, or if any person who has or will have any right or title to claim compensation under this Act, is—

• (a) an infant, a mentally disordered person, a person under some other legal disability, or a beneficiary under a trust, not having a guardian, manager, or trustee; or

• (b) of unknown whereabouts and has no known agent; or

• (c) unknown—

and in the absence of steps taken to appoint a person to represent that person, the Minister or the local authority may, after notifying Public Trust, apply to a District Court for an order authorising Public Trust to act as if it were the legal guardian, manager, trustee, or agent, as the case may require, of that person.

(2) On the making of such an order Public Trust shall for the purposes of this Act be deemed to be the legal guardian, manager, trustee, or agent of the person in respect of whom the order was made and, notwithstanding the provisions of any Act, rule of law, deed, or other instrument, may enter into an agreement with the Minister or local authority for the acquisition of the land under section 17 or section 18 or for the payment of the purchase price or compensation.

(3) If Public Trust is unable to reach agreement with the Minister or local authority on the compensation to be paid it may, on behalf of any person referred to in subsection (1), make and pursue a claim in accordance with the provisions of this Part for any compensation payable under this Act.

(4) In any case to which subsection (3) applies, any period of time prescribed by or under this Act in respect of any such claim shall not commence to run before the date on which the order was made under subsection (1).

(5) Any compensation payable pursuant to any such agreement with or claim by Public Trust shall be paid to Public Trust and shall become subject to the provisions of section 96.

(1) In order to obtain compensation the claimant shall serve upon the respondent a claim in writing, in one of the forms in Schedule 3, stating—

• (a) the several areas and descriptions of the land taken or to be taken or injuriously affected or damaged in respect of which he makes his claim, and the nature and particulars of his interest therein; and if he claims as owner and the land is encumbered, leased, or subject to any easement, he shall give particulars of that encumbrance, lease, or easement:

• (b) the reference to any Gazette or other notice of taking of the land:

• (c) each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim:

• (d) the total amount claimed:

• (e) the amount and date of any advance payment:

• (f) his full name, together with his address, which address shall be deemed to be his address for service unless he gives written notice to the respondent of a change of address.

(2) The claim shall, if it relates to the value of land and is for a sum of compensation in excess of $1,000, be accompanied by a valuation report signed by a registered valuer.

(1) Claims for compensation under this Act shall be served as follows:

• (a) where the Minister is the respondent, by being sent by registered letter addressed to the chief executive of the department within the meaning of the Survey Act 1986 at the chief executive's office in Wellington or by being delivered at the office of the solicitor to the department within the meaning of the Survey Act 1986 in the office of the chief executive:

• (b) where the Minister of Railways is the respondent, by being sent by registered letter addressed to the General Manager of Railways at the New Zealand Railways Corporation office at Wellington, or by being delivered at that office:

• (c) where a local authority is the respondent, by being sent by registered letter addressed to the local authority at its principal office, or by being delivered at that office.

(2) In any such case, the claimant shall be entitled on demand to receive from the officer for the time being in charge of any such office a receipt stating the day on which the claim was delivered or received.

At any time after the expiration of 30 working days after the service of any claim under section 83, either the claimant or the respondent may file in the District Court nearest to where the land is situated a copy of the claim together with a notice in the form set out in Schedule 4 that he requires the claim to be heard by the Tribunal; and unless both the claimant and the respondent consent, the Tribunal shall not hear the claim earlier than 45 working days after the date of filing in the court of that notice.

(1) If the claimant does not give full particulars of his claim, or does not specify in his claim the amount claimed for each matter on account of which he claims compensation, the respondent may by notice in writing require him to furnish those particulars.

(2) The claimant may, at any time after service of his claim on the respondent, by notice in writing require the respondent to furnish a reply to the claim, giving the reasons for not admitting the claim or any part of it.

(3) If the particulars or reasons referred to in subsection (1) or subsection (2) are not supplied at least 15 working days before the date appointed for the sitting of the Land Valuation Tribunal to hear the claim, the Tribunal may, if it thinks fit, on the application of either party made before or at the hearing—

• (a) order the party in default to furnish the particulars:

• (b) adjourn the hearing of the claim until the particulars are supplied and the party making application has had reasonable time to consider them:

• (c) order that the costs occasioned by the adjournment shall be borne by the party in default.

(1) If the respondent considers that he or it is entitled to an indemnity from a third party in respect of the whole or any part of the claim, the respondent may serve upon that party a notice setting out the grounds of the claim to the indemnity and shall file a copy of it in the District Court nearest to where the land is situated.

(2) The third party shall, as from the time of the service of the third party notice upon him, be a party to the action with the same rights, powers, obligations, and duties as the respondent.

(1) On the hearing of any claim for compensation under this Act, it shall not be lawful for the claimant to adduce evidence in relation to any matter not disclosed in the claim but he may, with the leave of the Land Valuation Tribunal, amend his claim in any particular.

(2) Such leave shall be granted only on such terms and conditions as to notice to parties, payments of costs, or otherwise as the Tribunal thinks fit.

The Land Valuation Tribunal shall make its award in writing, which shall be drawn up and signed by the District Court Judge constituting the Tribunal or, as the case may be, who is the chairman of the Tribunal, as soon as practicable after its making; and the District Court Judge shall deliver or transmit the award to the Registrar of the High Court in the district in which the land is situated who shall file it in that court.

The Land Valuation Tribunal may not award a gross sum in respect of 2 or more items of any claim for compensation, but the Tribunal shall in respect of each item of the claim award a particular sum as compensation to be paid to the claimant, subject to such conditions as it may think equitable, or determine that no compensation is payable in respect of it.

(1) Subject to the provisions of this section, the costs of a hearing by the Land Valuation Tribunal under this Part shall be in the discretion of the Tribunal, which may direct to and by whom and in what manner those costs or any part of them shall be paid.

(2) Where the respondent has made an offer of any amount for compensation and the compensation awarded is less than the amount so offered, the Tribunal may order the claimant to bear his own costs and to pay the costs of the respondent in so far as the costs of either party are incurred after the making of the offer.

(3) If costs are not awarded in accordance with the provisions of subsection (2), the Tribunal shall, unless for special reasons it thinks it proper not to do so, order the respondent to bear his own costs and to pay the reasonable costs of the claimant.

(4) Without limiting the generality of the provisions of subsection (3), it is hereby declared that the fact that the Tribunal in any case considers that the amount claimed was unreasonably high having regard to the compensation awarded or the evidence before the Tribunal, shall be a special reason that the Tribunal may take into consideration for the purposes of that subsection.

Costs payable by the claimant may be deducted from the compensation payable to the claimant under the award; and if such costs exceed the compensation payable, the award shall be for the payment by the claimant of the amount of the excess.

The power of awarding costs conferred upon the Land Valuation Tribunal by section 90 shall extend to cases in which it is determined that the Tribunal has no jurisdiction to hear and determine the claim for compensation or any particular portion of it, and any such award of costs in respect of such claim or part shall be dealt with and enforced in the same manner as an award of compensation.

When any claim for compensation is at any time after its making withdrawn or abandoned, whether wholly or in part, costs may be awarded by the Land Valuation Tribunal in respect of that claim or that part of it in the same manner as if the claim or part had been heard and determined by the Tribunal; and any such award of costs shall be dealt with and enforced in the same manner as an award of compensation.

The Land Valuation Tribunal may, if it thinks fit, order that there be included in the sum of any award interest at such rate as it thinks fit on the whole or any part of the award for the whole or any part of the period between the specified date or, where appropriate, the date on which the claimant gives vacant possession of the land (whichever is later) and the date of making of the award.

(1) Subject to section 26 of the Land Valuation Proceedings Act 1948, the award shall be final as regards the amount awarded, but shall not be final as regards the right or title of the claimant or any other person to receive the amount awarded or any part of it.

(2) If the sum awarded is not paid to Public Trust under section 96(a) within 45 working days after the filing of the award in the High Court, the award so made and filed shall have the effect of a judgment of the High Court, and may be enforced accordingly, subject to the provisions of this Act.

If any doubt or dispute arises as to the right of any person to receive any compensation awarded under this Act, or any purchase money or compensation agreed to be paid by the Minister or a local authority under this Act,—

• (a) in the case of compensation exceeding $1,000 awarded by the Land Valuation Tribunal, the respondent may, within the period of 45 working days after the award has been filed in the High Court, cause the sum awarded to be paid to Public Trust; and Public Trust shall deal with and apply the money in such manner and shall pay it to such persons as the High Court, upon the application of any of the parties interested, may order:

• (b) in the case of purchase money or compensation exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay the money to Public Trust; and the High Court may make such order in relation to it, upon the application of any of the parties interested, as it thinks just and proper; and Public Trust shall deal with and pay such purchase money or compensation in accordance with that order:

• (c) in any case which may be heard or disposed of by the High Court under this section, that court may order that all or any costs incurred in or in relation to the case, either before the Tribunal or the High Court, shall be paid by such of the parties, whether claimant, respondent, or a person so interested, or that such costs be apportioned between such parties in such manner respectively as the High Court may order; and that court may vary or revoke any order previously made by the Tribunal as to costs:

• (d) in the case of compensation not exceeding $1,000 awarded by the Tribunal, or purchase money, or compensation not exceeding $1,000 agreed to be paid, the Minister or local authority, as the case may be, may pay it to the parties entitled to the rents and profits of the land or to Public Trust to be disbursed by it as it thinks fit.

(1) If compensation is awarded or compensation or purchase money has been agreed to be paid by the Minister or a local authority in respect of—

• (a) any land taken or purchased from any person having a partial or qualified interest only in the land and not entitled to sell or convey it; or

• (b) any permanent injury done to any land in respect of which a person has a partial or qualified interest only and does not have the right or capacity to sell it—

the compensation or purchase money shall be dealt with as follows:

• (c) if the compensation or purchase money amounts to $5,000 or more it shall be paid to Public Trust; and Public Trust shall apply it, upon an order of the High Court made on the petition of any person claiming any estate or interest in the money, to 1 or more of the following purposes:

  • (i) to the discharge of any debt or encumbrance affecting the land, or affecting any land settled therewith, or to the same or like uses, trusts, or purposes:

  • (ii) in the purchase of other land to be conveyed, limited, and settled upon the like uses, trusts, or purposes:

  • (iii) in removing any buildings on the land, or substituting others in their place:

  • (iv) in the purchase of such securities as the High Court may direct, to be settled in the same manner as the land:

  • (v) in payment to any party becoming absolutely entitled to it:

• (d) if the compensation or purchase money is more than $250 but less than $5,000, it shall be paid to Public Trust, and Public Trust may apply it to any of the purposes referred to in paragraph (c) without an order of the High Court, but in any such case Public Trust may, if it thinks fit, apply to the High Court for directions as to the purposes for which the compensation or purchase money shall be applied:

• (e) if the compensation or purchase money is not more than $250 it shall be paid to the parties entitled to the rents and profits of the land; or, in the case of disability or incapacity of such parties, to their respective spouses, guardians, committees, or trustees, as the case may be.

(2) The provisions of this section shall not prevent any person who had a partial or other qualified interest in the land to which interest he is solely entitled, and which he may absolutely sell or dispose of, from receiving any compensation or purchase money in respect of any interest to which he may be declared entitled under any award, or which has been agreed to be paid to him.

(3) Notwithstanding the provisions of subsection (1), where the person having the partial or qualified interest in the land and not entitled to sell or convey it is a local authority, the compensation money or purchase money may be paid to the local authority.

(4) The local authority shall record any money paid to it under subsection (3) in a separate account and shall invest it separately; and shall expend it only for the permanent improvement of other land held for the same or like uses, trusts, and purposes or for all or any of the purposes set out in subparagraphs (i) and (ii) of subsection (1)(c), so that such application of the money will benefit persons substantially in the same locality.

Until any compensation or purchase money deposited with Public Trust under this Act is applied as provided by section 96 or section 97, Public Trust shall invest it in its common fund, or in such other investments as are authorised by law for the investment of trust funds, or partly in the Common Fund and partly in such other investments, as Public Trust thinks fit, and shall pay the annual proceeds of it to the party for the time being entitled to the rents and profits of the land in respect of which the compensation was awarded or compensation or purchase money was paid.

(1) If the land in respect of which compensation is awarded, or compensation or purchase money is agreed to be paid, is subject to a mortgage, the compensation or purchase money or so much of it as is required for the purpose shall, on the application of the mortgagee, be paid in discharge of the mortgage debt, or part of it, so far as the compensation or purchase money will go; and if the land is part of land subject to a mortgage debt, and the mortgagee requires a part of the debt to be discharged—

• (a) the mortgagor and mortgagee may agree; or

• (b) failing agreement, the Tribunal shall determine—

what part of the compensation or purchase money shall be paid in discharge of part of the mortgage debt, so that the remaining part of the mortgaged land constitutes as good security as before for the part of the mortgage debt remaining undischarged.

(2) Notwithstanding anything in this section, the Minister or local authority, as the case may be, shall have a discretion to pay the mortgagor the full amount of any compensation where the compensation does not exceed $250, without incurring any liability to the mortgagee.

(3) The expression mortgage debt in this section includes the interest payable on such mortgage up to 6 months beyond the day on which notice was received by the mortgagee of the land affected being taken under this Act.

(1) If the land in respect of which compensation is awarded or compensation or purchase money is paid is subject to any rent charge—

• (a) the owner of the land and the party entitled to the rent charge may agree; or

• (b) failing agreement, the Tribunal shall determine—

what part of the compensation or purchase money shall be paid to the party entitled to rent charge in redemption of it.

(2) If the land is part of land subject to any rent charge—

• (a) the owner of the land and the party entitled to the rent charge may agree; or

• (b) failing agreement, the Tribunal shall determine—

what part of the rent charge shall be redeemed and what part of the compensation or purchase money shall be paid in its redemption, so that the remaining part of the land subject to the rent charge shall be as good security as before for the part of the rent charge remaining unredeemed.

(3) Notwithstanding anything in this section, the Minister or local authority, as the case may be, shall have a discretion to pay the owner of the land the full amount of any compensation where the compensation does not exceed $250, without incurring any liability to the holder of the charge.

(4) In this section, the expression rent charge includes an annuity.

If the land in respect of which compensation is awarded or compensation or purchase money is paid is part of land in respect of which any rent is payable—

• (a) the lessor and lessee may agree; or

• (b) failing agreement, the Tribunal shall determine—

what part of that rent shall cease to be payable, so that the rent ceasing to be payable shall bear the same proportion to the whole rent as the value of the land in respect of which compensation is awarded or compensation or purchase money is paid bears to the value of the whole land.

Money payable as compensation or as costs under this Act shall—

• (a) if payable by the Crown, be paid out of money appropriated by Parliament for the works in respect of which the claim for compensation arises:

• (b) if payable by a local authority, be paid out of the funds of such local authority available for such purposes—

but no member of a local authority shall be personally liable for any compensation or costs payable under this Act.

In any case where the amount of compensation or purchase money to be paid to any person is determined by agreement between that person and the Minister or a local authority, the Minister or that local authority may agree to grant to that person, his executors, administrators, assigns, and successors, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work, in satisfaction or part satisfaction of the compensation claimed by that person.

In any case where the amount of compensation to be paid to any claimant is determined by the Land Valuation Tribunal, the respondent may offer and the Tribunal may award to the claimant, his executors, administrators, assigns, and successors, in satisfaction or part satisfaction of the compensation claimed, any easement, right of way, right of occupation, or any other right, privilege, or concession in, upon, over, or under any land taken or reserved for the purpose of any public work; and the Tribunal may by its award declare which (if any) of such easements, rights, privileges, or concessions so offered shall be granted to the claimant in satisfaction or part satisfaction of his claim to compensation.

(1) Notwithstanding anything in section 62, where any land which has been notified and which—

• (a) contains a dwelling which was occupied by the owner as a private residence for himself and his family (if any) immediately before the giving of vacant possession; or

• (b) was used by the owner personally for any purpose—

is taken or acquired for the public work for which it was notified, and land reasonably equivalent to that so taken or acquired is not readily available on the market for sale or other disposition to the owner at a reasonable price for the re-establishment in the same area of his place of residence or other activity, the notifying authority, with the agreement of the owner, shall take all reasonable steps to grant to the owner in payment or satisfaction or part payment or satisfaction (subject to payment by way of equality of exchange where appropriate) of the compensation to which the owner may otherwise be entitled—

• (c) Crown land or other land of the notifying authority not subject to any restriction on sale or other disposition; or

• (d) land held for any public work which is no longer required for any public work or which is no longer required for any purpose incidental to any public work; or

• (e) land acquired, and developed or built on under section 21.

(2) Subsection (1) shall not apply in respect of the owner of any land unless the owner—

• (a) was the owner, or the spouse of the owner, of the land so taken or acquired on the date on which it was notified, or where the owner has died since that date, was the person beneficially interested in the land; and

• (b) was the owner of the land on the date on which the land was so taken or acquired by the notifying authority; and

• (c) was not a willing party to the taking or acquisition of the land, or was a willing party to the taking or acquisition principally because the land had been notified.

(3) Any land granted under subsection (1) shall be reasonably equivalent to the land so taken or acquired.

(4) No Crown land shall be granted under subsection (1) without the consent of the Minister having control of that land.

(5) The owner of any land that has been notified may apply to the Tribunal for an order requiring the notifying authority to take action in accordance with subsection (1).

(6) If the Tribunal is satisfied that the owner is a person to whom subsection (1) applies, and that it would be just and proper to do so, it may order the notifying authority to act in accordance with that subsection.

(1) Notwithstanding anything in section 62 or section 105, there may be granted, with the agreement of the person entitled, in payment or satisfaction or in part payment or part satisfaction of the compensation payable to that person, for any land taken or acquired for a public work, or for any damage done or injurious affection caused by reason of the construction or use of a public work, any Crown land or any land held for any public work.

(2) No Crown land shall be granted under subsection (1) without the consent of the Minister having control of that land.

(1) In granting to the person so entitled any land under section 105 or section 106, the Minister or local authority may enter into an agreement with that person for the repayment to the Crown or the local authority of any money agreed to be due by way of equality of exchange on such terms and conditions (including interest) as may be agreed upon by the notifying authority and that person.

(2) If no agreement can be reached under subsection (1) in respect of land to be granted under section 105, as to the amount due by way of equality of exchange or as to the terms and conditions of repayment of any money due, the Minister or the local authority, or the person to whom the land is proposed to be granted, may apply to the Land Valuation Tribunal to fix the value of the property proposed to be so granted or the value of the land taken or acquired, or both, or to determine the terms and conditions of repayment.

(3) Every application under subsection (2) shall be made in accordance with Part 5 as if the application were a claim for compensation under that Part; and the said Part 5 shall, with the necessary modifications, apply in respect of every such application accordingly.

(4) Any money agreed under subsection (1) to be so due, or fixed by the Tribunal under subsection (2), shall constitute a debt due to the Crown or the local authority and shall be a charge on the estate or interest in the land so granted to that person, and an instrument of charge may be registered against that land under the provisions of the Statutory Land Charges Registration Act 1928.

(5) Except with the consent of the chief executive of the department within the meaning of the Survey Act 1986 or General Manager of Railways (where the money is due to the Crown) or the local authority (where the money is due to the local authority), no dealing in connection with any such estate or interest (other than a dealing which is not required to be executed by the registered proprietor) shall be registered while a charge under subsection (4) is registered against the land.

(6) For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under subsection (4) and any certificate releasing any such charge, and any consent under subsection (5), may be signed by the chief executive of the department within the meaning of the Survey Act 1986 or the General Manager of Railways, or local authority, as the case may require.

(7) On completion of such surveys (if any) as may be necessary, there shall be registered in the office of the District Land Registrar a certificate by the Minister, Minister of Railways, or the local authority, as the case may require, in the form set out in Schedule 5.

(8) If a certificate of title for the land has not been issued, the certificate issued under this section by the Minister or Minister of Railways shall have the same effect as a warrant issued under the hand of the Governor-General in accordance with section 12 of the Land Transfer Act 1952 and shall be deemed to be such a warrant; and the District Land Registrar shall without fee issue a certificate of title for the land in form 1 of Schedule 1 of that Act.

(8A) If a certificate of title for the land has been issued, the certificate issued under this section by the Minister or Minister of Railways shall be deemed to be a memorandum of transfer of the land described in it from the Crown to the person to whom the land is granted; and the District Land Registrar shall register it without fee.

(9) Every certificate issued under this section by a local authority shall be deemed to be a memorandum of transfer of the land described in it from the local authority to the person to whom the land is granted; and the District Land Registrar shall register it without fee.

(9A) Subject to subsection (9C), any certificate issued under this section may contain a recital that the land to which the certificate relates shall be amalgamated with any other land in an existing certificate of title; and that recital shall be sufficient authority to the District Land Registrar to amend such certificate of title accordingly, without fee. On such amendment the land granted shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the certificate of title.

(9B) Where any land is so amalgamated, the District Land Registrar may, if he thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a certificate of title under this section, and may issue a certificate of title limited as to parcels.

(9C) Before including a recital in a certificate under subsection (9A), the Minister, Minister of Railways, or local authority, as the case may be, shall consult with the District Land Registrar as to whether or not it is practicable to amalgamate the land in an existing certificate of title and, if the District Land Registrar advises that it is not practicable to do so, no such recital shall be included in the certificate.

(10) If the Chief Surveyor considers it necessary or expedient or if in any case the District Land Registrar so requests, before any land is granted to any person under this section the Chief Surveyor shall allocate a new description to the land, and shall forward to the District Land Registrar a copy of the description, and the Registrar shall amend his records accordingly.

(11) The land comprised in any certificate of title issued pursuant to any certificate issued under subsection (8), shall, if not already subject to the Land Transfer Act 1952, become subject to that Act as from the date fixed by the last-mentioned certificate as the date of acquisition of title to it, and that date shall for all purposes whatever be deemed the ante-vesting date in the same manner as if the ante-vesting date had been inserted in a Crown grant of the land.

(12) [Repealed]

(13) [Repealed]

(14) Where any land acquired under this Act is subject to or has the benefit of any encumbrance, lien, or interest, and land is to be granted in exchange under this section, any certificate of title issued under this section, with the consent of the person to whom the land is to be granted, may show that the land to which the certificate relates is to be subject to or is to have the benefit of any such encumbrance, lien, or interest that is specified in the certificate.

(15) Every instrument creating or evidencing or affecting any such encumbrance, lien, or interest, and all covenants and other provisions expressed or implied therein, shall be construed as if the land for which the certificate of title is issued were the land, or (as the case may be) part of the land, to which the instrument relates.

(16) On the issue of any such certificate of title so subject to any registered encumbrance, lien, or interest, the District Land Registrar shall enter in the appropriate register, and record on any relevant instrument, memorials showing that the land is affected by subsections (14) and (15) and the certificate.

(17) Where any land subject to any reservation or restriction is taken or acquired under this Act and land is to be granted under this section, the land so granted shall, unless the Minister or the Minister of Railways or the local authority otherwise directs, be issued subject to that reservation or restriction.

(18) Every certificate issued under this section shall be conclusive evidence to the District Land Registrar of the matters required or permitted by this section to be therein stated, and that all consents required under this section have been obtained.

(19) Within 1 month after the registration of a certificate under this section, the grantor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the grantee.

(1) Notwithstanding anything in section 62, where—

• (a) the interest of a lessee or licensee in land is taken or acquired for a public work; and

• (b) the lessee or licensee is entitled to compensation under section 105—

the notifying authority (unless the lessee or licensee is to be granted an estate in fee simple), with the agreement of the lessee or licensee, shall take all reasonable steps to grant to him a lease of any land, or a licence to occupy any land, described in paragraph (c), paragraph (d), or paragraph (e) of section 105(1), in payment or satisfaction or part payment or satisfaction of the compensation to which the lessee or licensee may otherwise be entitled, subject to payment by way of equality of exchange where appropriate.

(2) The provisions of subsections (3), (4), and (4A) of section 105, with the necessary modifications, shall apply in respect of any lease or licence granted under this section.

(3) The lessee or licensee of any land that has been notified may apply to the Tribunal for an order requiring the notifying authority to take action in accordance with subsection (1).

(4) If the Tribunal is satisfied that the lessee or licensee is a person to whom subsection (1) applies, and that it would be just and proper to do so, it may order the notifying authority to act in accordance with that subsection.

(5) Subject to subsection (6), all rents and profits derived from any lease or licence granted under this section shall be paid into—

• (a) a Crown Bank Account, where the notifying authority is a Minister of the Crown:

• (b) the appropriate revenue account of the notifying authority, in any other case.

(6) Any lease or licence granted in accordance with this section in respect of Crown land shall be granted by the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986, and shall be administered under the Land Act 1948.

(7) Nothing in this section shall oblige the notifying authority to grant a lease or licence on terms more favourable to the lessee or licensee than the lease or licence taken or acquired by the notifying authority.

Without affecting the authority of any other person to execute documents made or issued under this Act, the chief executive of the department within the meaning of the Survey Act 1986, and the General Manager of Railways in respect of railway land transactions, may on behalf of the Minister and the Minister of Railways, respectively, execute any certificate of grant of land under section 107.

Except as otherwise specially provided, any certificate of grant of land by a local authority under section 107 may be executed on its behalf by the chief executive of the local authority.

In this Part, unless the context otherwise requires, Minister means any Minister of the Crown.

(1) Subject to subsections (2) to (4), any person authorised either specifically or generally by the Minister or local authority, as the case may require, may, for the purposes of carrying out any public work or any proposed public work, and subject to the limitations of any authorisation so granted, enter and re-enter any land at reasonable times, with or without such assistance, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any survey in accordance with survey regulations made under the Survey Act 1986.

(2) Before exercising any of the powers conferred by subsection (1), the Minister or local authority shall, where practicable, give reasonable notice to the owner or occupier of the land, as the case may require, of the intention to exercise those powers.

(3) If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.

(4) Any person exercising any power under subsection (1) shall have with him, and shall produce if required to do so, evidence of—

• (a) his authority; and

• (b) his identity.

(1) Subject to subsections (2) to (5), any person authorised either specifically or generally by the Minister or local authority, as the case may require, may, for the purposes of carrying out any public work or any proposed public work, and subject to the limitations of any authorisation so granted—

• (a) enter and re-enter any land at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any kind of survey or investigation:

• (b) dig and bore into the land and remove samples of it:

• (c) erect temporary buildings on the land:

• (d) set out the lines of any works on the land.

(2) Unless the owner and occupier of the land otherwise agree, the powers conferred by subsection (1) shall not be exercised unless the owner and occupier of the land affected have been given 10 working days' notice in writing of—

• (a) how and when entry is to be made; and

• (b) the specific powers intended to be exercised; and

• (c) a statement of the owner's or occupier's rights under subsection (4); and

• (d) a statement that the owner or occupier may be entitled to compensation under this Act.

(3) Any person exercising any power under subsection (1) shall have with him, and shall produce if required to do so, evidence of—

• (a) his authority; and

• (b) his identity.

(4) The owner or occupier may, within 10 working days after receiving the notice and after giving notice to the Minister or local authority, as the case may be, of his intention to do so, object to the District Court nearest to the land concerned, and the court may summon the Minister or local authority, or his or its representative, to appear before the court at a time and place named in the summons.

(5) If it appears to the court that the proposed survey or investigation is unreasonable or unnecessary the court may—

• (a) order that the survey or investigation shall not be undertaken, or shall not be undertaken in the manner proposed; or

• (b) direct that the survey or investigation be undertaken in such manner and subject to such limitations and restrictions as the court thinks fit—

and all persons concerned shall be bound by any such order.

(1) In this section, developer means—

• (a) [Repealed]

• (b) a network operator within the meaning of section 5 of the Telecommunications Act 2001; or

• (ba) a network utility operator within the meaning of section 166 of the Resource Management Act 1991 which has approval as a requiring authority under section 167 of that Act; or

• (c) the Airways Corporation of New Zealand Limited, a company incorporated under the Companies Act 1955 pursuant to the State-Owned Enterprises Act 1986.

(2) Where a developer wishes to undertake a survey or other investigation on any land for the purpose of gathering information necessary for any application for any right, designation, consent, or permit, or for the preparation of any report, required for any proposed development, the developer may, upon giving the owner and occupier of the land not less than 10 working days' notice of its intention to do so, apply to the District Court for an order under this section.

(3) On being satisfied that the proposed survey or investigation is necessary for the purposes of the proposed development, that the proposed development may properly be undertaken by the developer, and that the developer has taken all reasonable steps to negotiate an agreement for entry, the court may make an order authorising the developer to:

• (a) enter and re-enter the land at reasonable times, with or without such assistants, aircraft, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for making any kind of survey or investigation:

• (b) dig and bore into the land and remove samples of it.

(4) Every order made under this section shall specify—

• (a) how and when entry is to be made; and

• (b) the specific powers intended to be exercised; and

• (c) such other conditions as the court thinks fit to impose.

(5) Before exercising any powers authorised by an order made under this section, the developer shall serve the order on the owner and occupier of the land to which the order relates.

(6) Every officer, employee, or agent of a developer acting in pursuance of an order made under this section shall have with him or her and shall produce on initial entry and if required to do so, evidence of his or her authority and identity.

(7) The developer shall fully compensate every person having any right, title, estate, or interest in any land or property injuriously affected by the exercise of any of the powers authorised by an order made under this section for all loss, injury, or damage suffered by that person.

(8) In default of agreement between the parties, claims for compensation under this section shall be made and determined within the time and in the manner provided by Part 5, and the provisions of that Part shall, as far as they are applicable and with the necessary modifications, apply with respect to claims under this section.

(1) Every person who, without lawful authority or excuse, wilfully destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, block, post, pole, or temporary building fixed or set up by any person under the authority of section 110 or section 111 commits an offence against this Act.

(2) Every person who wilfully obstructs any authorised person exercising any powers conferred on him by section 110 or section 111, or his assistants, in carrying out any such survey or investigation commits an offence against this Act.

(3) Where any person is convicted of an offence under subsection (1), the court may, in addition to imposing any penalty, order the person so convicted to pay the cost of repairing, restoring, or reinstating any trigonometrical station, survey peg, mark, block, post, pole, or temporary building so destroyed, mutilated, defaced, taken away, or altered as to position.

In this Part, unless the context otherwise requires,—

(1) Subject to subsection (2), the Minister may, by notice in the Gazette, declare any land, whether owned by the Crown or not, to be road.

(2) Land shall not be declared to be road without the written consent of—

• (a) the lessee or licensee, if the land is owned by the Crown and held under lease or licence:

• (b) the body or persons in whom the land or its control is vested, and the lessee or licensee (if any), if the land is a reserve or an endowment or is held in trust. Notwithstanding anything to the contrary in any Act or rule of law, the body or persons in whom any land or its control is so vested shall have authority to give any consent that may be required for the purposes of this section:

• (c) the owner or Minister in charge of the department of State that administers the land, if the land is not of a class referred to in paragraph (a) or paragraph (b):

• (d) the Minister of Railways, if the land is held for a railway:

• (e) the Minister of Conservation if the land is a public reserve, part of a public reserve, a conservation area within the meaning of the Conservation Act 1987, or is managed by the Department of Conservation under section 61 or section 62 of that Act:

• (f) [Repealed]

• (g) the New Zealand Transport Agency, in the case of a State highway or proposed State highway:

• (h) the territorial authority in whose district the land is situated, in the case of a road or proposed road, as defined in section 315 of the Local Government Act 1974:

• (i) all other persons who have any registered interest in the land, or any other interest disclosed by a register under the Land Transfer Act 1952 or the Deeds Registration Act 1908.

(3) On the date of the publication in the Gazette of a notice issued under subsection (1), or on such later date as may be specified in that notice as the date on which it shall take effect, all land to which the notice relates shall—

• (a) vest in the territorial authority named in that behalf in the notice; or

• (b) notwithstanding anything in section 316 of the Local Government Act 1974, vest in the Crown if no territorial authority is so named.

(1) Where it is proposed that land shall be declared to be road pursuant to section 114, and any consents required under subsection (2) of that section have been given in writing, the Minister or local authority may forward a certificate in accordance with this section to the District Land Registrar who shall, without fee, register it against the title to all land affected.

(2) Every certificate under this section shall set out—

• (a) the description of the land affected by the certificate and (unless the whole of the land comprised in a certificate of title or a surveyed lot is to be affected) the description of the portion to be declared to be road by reference to a plan approved by the Chief Surveyor:

• (b) the name of each person who has given his written consent to the declaring of the land to be road:

• (c) the total area of severed land and closed road that is to be vested in the registered proprietor in exchange or the fact that no such land is to be vested, as the case may require:

• (d) the place where, and the hours during which, the plans and consents (or copies of them) may be inspected, and a reference by which they may be identified.

(3) The validity of a certificate under this section shall not be affected by any misdescription in it of the land if sufficient information appears on the face of the certificate for the District Land Registrar to identify the land intended to be affected by it.

(4) Where, after the registration of such a certificate, any person registers an interest in any land affected by it, the consent of that person shall not be required to the Minister making a declaration under section 114(1).

(5) If, before the giving of any notice under section 114, any mortgage or charge is registered against the land after the registration of the certificate, and the registered proprietor and the mortgagee or chargeholder stipulate in writing that the land or closed road being vested in the registered proprietor in exchange for the land being declared to be road is to be subject to such new mortgage or charge, the original consents shall be deemed to be varied accordingly.

(6) If, after such a certificate is registered, a memorandum of transfer of the fee simple of the land affected by the certificate is registered, any consent that is given on the condition that land or closed road shall be vested in the registered proprietor as at the date of the certificate shall be deemed to be given on the condition that such land or closed road shall be vested in the registered proprietor as at the date of the notice declaring the land to be road.

(7) Every person who applies at the place and within the hours specified in a certificate under this section for permission to inspect the copy of the consent shall be shown the copy and any plan referred to in it, and shall if he so requests be advised of the extent to which effect has been given to the consents obtained.

(8) Where the Minister or local authority is satisfied—

• (a) that any land against which a certificate under this section is registered is not affected or is no longer affected by the proposal to which the certificate refers; or

• (b) in any other case, as soon as the consents have been acted upon so far as they affect the title or titles against which the certificate is registered—

the Minister or territorial authority may notify the District Land Registrar to that effect and the Registrar shall, without fee, note the discharge against the title to the land.

(9) Every certificate or notice of discharge under this section shall be signed by the Minister or by some person authorised by the Minister in that behalf or, in the case of a territorial authority, shall be signed by the chief executive.

(1) Subject to subsection (2), the Minister may, by notice in the Gazette, declare any road or part of a road to be stopped.

(2) A declaration shall not be made under subsection (1) unless—

• (a) at least 10 working days' prior notice has been given to every territorial authority whose district adjoins the road or part of the road that is the subject of the declaration; and

• (b) either—

  • (i) adequate road access to land adjoining the road is left or provided; or

  • (ii) the owners of the land adjoining the road or part of the road consent in writing to the stopping; and

• (c) if the road or part of the road proposed to be stopped is a State highway, the written consent of the New Zealand Transport Agency to the closing of the road or part of the road has been obtained; and

• (d) if the road or part of a road is under the control of a regional council or a territorial authority, the written consent of that council or authority has been obtained; and

• (e) [Repealed]

(1) Notwithstanding anything in section 40, if a road as defined in section 315 of the Local Government Act 1974 has been stopped under this Act, the land comprising the stopped road may be dealt with by the territorial authority in the same manner and in all respects as if the road had been stopped pursuant to the Local Government Act 1974.

(2) The land comprising any Government road or State highway or part thereof that has been stopped may under this Act be disposed of or dealt with as land no longer required for a public work.

(3) In the case of any stopped road that was, immediately before its stopping, a State highway, Government road, or part thereof, or if in the case of any other stopped road the territorial authority so consents, the land comprising the stopped road—

• (a) may, by the notice declaring the road to be stopped, or by a subsequent notice by the Minister, be vested or otherwise disposed of in exchange for any land required for any other road; or

• (b) if not required for the purpose of exchange, may be dealt with as Crown land under the Land Act 1948 or, if the Minister in the case of stopped Government road or State highway or the territorial authority in the case of any other stopped road certifies that he or it considers it equitable to do so, may be vested in or otherwise disposed of to the owner of any adjoining land.

(4) If the land to be vested pursuant to subsection (3) adjoins land that is settled as a joint family home under the Joint Family Homes Act 1964, and the land to be so vested is intended to be included in the land so settled, it may be vested in the settlor or settlors of the joint family home.

(5) Before any land is so vested or disposed of, the Chief Surveyor shall allocate a new description to the land comprising the stopped road, and shall forward to the District Land Registrar a copy of that description, and the Registrar shall amend his records accordingly.

(6) All land disposed of under this section by way of lease or licence in exchange for land held under lease or licence from the Crown shall be deemed to be incorporated in that lease or licence from the Crown, and shall, subject to any consequential adjustment of rent, be held on the same tenure and upon the same terms and conditions, and be subject to the same rights, titles, interests, and encumbrances, as the other land comprised in that lease or licence.

(7) Notwithstanding anything in subsections (1), (2), and (3), if the land comprising any stopped road or any part of that land intersects or is adjacent to any reserve, endowment, or land held for a public work, the Minister may, by the notice declaring the road to be stopped or by a subsequent notice, declare that land or part to be added to the reserve, endowment, or land held for a public work, as the case may be; and thereupon the land shall vest in the owner of the land to which it is added and be subject to the same reservations and trusts as the land to which it is added.

(8) If any reserve or endowment is vested in the Crown or, not being so vested, is lawfully administered by the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986, any land added to it under subsection (7), or any part of land so added, may be incorporated in any lease or licence of adjacent land within the reserve or endowment.

(9) Any land incorporated in a lease or licence under subsection (6) shall, subject to any consequential adjustment of rent, be held on the same tenure and on the same terms and conditions, and be subject to the same rights, titles, interests, and encumbrances, as the other land comprised in that lease or licence.

(1) Notwithstanding section 117, where any road or any portion of a road along the mark of mean high-water springs of the sea, or along the bank of any river, or the margin of any lake (as the case may be) is stopped under section 116—

• (a) section 345(3) of the Local Government Act 1974 (relating to esplanade reserves) shall apply to the land comprising the road or portion of the road so stopped if that land was formerly a road vested in a local authority (including a State highway vested in a local authority):

• (b) Part 4A of the Conservation Act 1987 (relating to marginal strips) shall apply to the land comprising the road or portion of the road so stopped if that land was formerly a Government road or a State highway or other road vested in the Crown.

(2) For the purpose of subsection (1), lake and river have the same meaning as in section 2(1) of the Resource Management Act 1991.

(1) If, as the result of any land being declared road by a notice under section 114, any adjacent land, whether owned by the Crown or not, would become significantly more costly to retain at the same standard as previously or significantly less useful to the owner, lessee, or licensee, the Minister may, by the same or a subsequent notice, declare such adjacent land to be taken under this subsection.

(2) On the declaration of the taking of any land under subsection (1), the land shall vest—

• (a) in the registered proprietor or proprietors of the land comprised in the certificate of title specified in the notice as that in which the land taken is to be incorporated; or

• (b) if no such title is specified, in the territorial authority specified in that behalf in the notice; or

• (c) if no such title or territorial authority is specified, in the Crown—

free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever, except so far as may be otherwise provided for in the notice.

(3) No land shall be declared taken under subsection (1) without the written consent of the owner, lessee, or licensee, and of every other person having a registered estate or interest in the land.

(4) Any land taken under subsection (1) and vested under subsection (2) in—

• (a) the territorial authority, may be dealt with by the territorial authority in all respects as if it had been comprised in a road stopped under section 116:

• (b) the Crown, shall be deemed to be stopped Government road.

(1) The provisions of sections 57 and 58 shall apply in respect of dealings in land under this Part.

(2) On the presentation to him of a copy of any notice stopping any road under this Part, together with a copy of the plan or plans referred to in it, the District Land Registrar shall note the stopping upon the appropriate folio of the proper register book.

(3) The recital in any notice under this Part of the certificate of title for any parcel of land with which any land referred to in the notice is to be amalgamated in one certificate of title shall have the effect of vesting that land in the registered proprietor or proprietors for the time being of the land comprised in that certificate of title for an estate in fee simple in possession, and shall be sufficient authority to the District Land Registrar to issue such certificate of title, without fee.

(4) Notwithstanding anything in the Joint Family Homes Act 1964, the recital in any notice under this Part that any registered proprietor to whom subsection (3) applies is the settlor of any adjoining land as a joint family home under that Act, shall be deemed to be a sufficient application to the District Land Registrar to settle the additional land acquired under the notice as part of the joint family home under section 4 of that Act, and the provisions of that Act shall apply accordingly.

(5) The recital in any notice under this Part, or a certificate under the hand of the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986, that any land is to be incorporated in any lease or licence pursuant to this Part shall be sufficient authority to the District Land Registrar to make an appropriate entry without fee in respect of the incorporation on the lease or licence or other instrument of title which is registered in his office, and also upon the outstanding duplicate of it.

(6) The publication in the Gazette of any notice purporting to be issued under this Part shall be conclusive evidence that all conditions precedent to the issue of the notice have been complied with, and no person shall be concerned to inquire whether any consent has been given or other condition attaching to the issue of the notice has been fulfilled.

(7) The consent of any person having a registered interest in any land in respect of which a notice is proposed to be issued under this Part or having an interest in it disclosed by a register under the Land Transfer Act 1952 or the Deeds Registration Act 1908, but not being the owner or the lessee or licensee of the land, may be dispensed with in any case if the Minister certifies that the interest of that person will not be prejudicially affected by the issue of such a notice.

(8) Where, in any case to which section 117(6) does not apply, any land that is subject to any registered encumbrance, lien, or interest is declared road with the consent under paragraph (b), or paragraph (c), or paragraph (i) of section 114(2) of the owner or body or persons in whom the land or its control is vested and with the consent of the person entitled to the registered encumbrance, lien, or interest, and other land is vested or otherwise disposed of in exchange for it, then, unless the notice otherwise directs, the other land shall be granted or disposed of subject to that registered encumbrance, lien, or interest.

(9) On the issue of a certificate of title for any land vested or otherwise disposed of in exchange so subject to any registered encumbrance, lien, or interest, every instrument creating or evidencing or affecting that encumbrance, lien, or interest, and all covenants and other provisions expressed or implied in it, shall be construed as if the land so granted or disposed of were the land or, as the case may be, part of the land to which the instrument relates.

(10) On the issue of a certificate of title for any land vested or otherwise disposed of in exchange so subject to any registered encumbrance, lien, or interest, the District Land Registrar shall enter in the appropriate register and record on any relevant instrument a memorial setting out the effect in the circumstances of subsection (9).

(11) Where any land that is subject to any reservation or restriction is declared road and any other land is vested or otherwise disposed of in exchange for it under this Part, then, unless in any case the Minister otherwise directs, the other land shall be vested or disposed of subject to that reservation or restriction or such other reservations or restrictions as the Minister directs.

(12) The provisions of subsections (8) to (11) shall apply in respect of consents under section 119(3) to the taking of any land under that section as if they were consents under paragraph (b) or paragraph (c) or paragraph (i) of section 114(2) to the declaration of the land as road.

(1) In this section and in sections 134 and 135, unless the context otherwise requires,—

(2) The authority may require the owner or occupier of any land adjoining a road or public work to do any of the following things:

• (a) to cut down, lower, or trim any tree, hedge, or shrub that is overhanging or overshadowing a road to such an extent as to damage the road, or to endanger or obstruct the lawful use of the road, or to be detrimental to the maintenance of the road and any associated drainage system:

• (b) to cut down, lower, or trim any tree, hedge, or shrub, or remove any debris, if parts of it may be blown on to any road or public work or if it may otherwise interfere with the lawful use of the road or any public work:

• (c) to cut down, lower, or trim any tree, hedge, or shrub on any land that is in such a position that it interferes with or is damaging, or is likely to interfere with or damage, any road or public work or the construction, operation, or maintenance of any road or public work:

• (d) to cut down or grub up, and remove any tree, hedge, or shrub that is obstructing a road or its drainage system owing to the growth of any vegetation or the spreading of roots upon or under the road up to its middle line:

• (e) to cut down, lower, or trim any tree, hedge, or shrub, or to lower or remove any wall, fence, or other structure, that in the opinion of the authority wholly or partially obscures visibility at any bend of a road, or at any road or railway crossing, or at any road intersection, or that causes any danger to the traffic on any road:

• (f) to remove any structure that encroaches either wholly or partially on to a road or on to any land used for a public work, unless the encroachment has been authorised under section 129 and notice of termination has not been issued.

(3) Within 10 working days after service of a notice under subsection (2), the owner or occupier may apply to the District Court nearest to the land for an order setting aside the notice.

(4) A copy of any such application shall be served on the authority either before or immediately after it is lodged with the court.

(5) The Registrar of the court shall give notice of the time and place fixed for the hearing of the application to the applicant and the authority, and they shall be entitled to be present and to be heard, either personally or by their counsel or by an officer of the authority.

(6) On hearing the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

(7) Every person on whom a notice has been served under this section commits an offence against this Act if he fails to comply with the requirement contained in the notice within 1 month after—

• (a) the expiry of the time in which application may be made to a court, if he has not exercised that right; or

• (b) the date of the court's order, if an application to set aside the notice has been made and it has not been set aside; or

• (c) the date on which any application to the court has been withdrawn by the applicant—

whichever is the later, and shall be liable on summary conviction to a fine not exceeding $5 for every day or part of a day during which the offence has continued; and the authority, by its employees or agents, may enter on the land in respect of which the requirement was made, carry out the required work, and recover the cost from the owner.

(8) All costs and expenses incurred by an authority in carrying out any work under subsection (7) may be recovered from the person who failed to comply with the requirement as a debt due to the authority.

(9) The power of entry conferred by subsection (7) may be exercised in addition to or instead of the laying of an information for an offence under that subsection.

(1) If, under the provisions of section 133, a requirement is made by an authority, the requirement shall be by notice in writing signed by any person appointed either generally or specially by the authority for the purpose of giving such notices and shall be served in accordance with section 4.

(2) If the notice is served by being published in a newspaper, the authority shall also affix a copy of the notice upon a conspicuous part of the property in respect of which the notice is issued, or on some public road adjacent to it.

(1) Notwithstanding anything in section 133, if there is imminent danger to life or property, or a likelihood of serious interference with any road or public work, arising from any tree, hedge, plant, or debris, the authority may, on giving such oral notice to the occupier or (if there is no occupier) the owner of the land on which the tree, hedge, plant, or debris is situated as is practicable in the circumstances, enter on the land and do such work as is necessary and sufficient to remove the danger or serious interference for such period as will be sufficient to enable the authority to take action under section 133 in respect of any further work that may be necessary.

(2) If any authority exceeds the powers conferred by this section or causes any unnecessary damage to be done, the work shall be deemed not to have been authorised by this section.

(3) If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.

(4) All costs and expenses incurred by an authority in lawfully carrying out any work under this section may be recovered as a debt due to the authority from the person who would have been liable to pay if the work had been done under section 133.

In this Part, unless the context otherwise requires, Minister means the Minister of Transport.

(1) If out of any Crown land or public reserve or any land situated in the common marine and coastal area on which any railway has been constructed, no definite area or part of the land or reserve has been or may be set apart or acquired for railway purposes, it shall be presumed that a width of 40 metres of the land or reserve (comprising 20 metres on each side of the centre line of the railway) has been set apart or acquired for the purposes of that railway, and shall be included within the limits of it and for all purposes be deemed to be part of the railway.

(2) If at any time it is desired that any portion of Crown land or reserve so presumed to be part of any railway, cease to be part of the railway, the Minister may from time to time, by notice in the Gazette defining accurately the portion desired to be retained as part of the railway, declare that the residue of it shall again become Crown land or a part of the public reserve from which it was originally taken; and such notice shall take effect accordingly, and the residue shall return to its original status as Crown land or public reserve, as the case may be.

(3) Nothing in this section shall affect or interfere with any public road on any Crown land or reserve within the area so included in the railway, and lying along, adjacent to, or crossed by any such railway, except under and subject to this Act.

Subject to the restrictions specified in this Part, the Minister may do the following things in respect of any railway authorised under this or any other Act:

• (a) construct works of every description and material necessary to the making of the railway:

• (b) take machinery and vehicles of any kind on to and across any land within the area set out in the notice defining the middle line of the railway, and use the machinery and vehicles on that land:

• (c) make any part of the railway on and along any part of any road, access way, or service lane:

• (d) make the railway on, across, over, or under any road, motorway, access way, service lane, railway, or tramway along the defined middle line; and alter the level of any road, access way, motorway, service lane, railway, or tramway for that purpose:

• (e) subject to compliance with the Resource Management Act 1991, make the railway across any arm of the sea or any river, stream, lake, or water (whether navigable or not) by means of a bridge, causeway, or tunnel:

• (f) subject to compliance with the Resource Management Act 1991, alter the course or the level of any river that is not navigable, or of any stream, watercourse, ditch, or drain:

• (g) subject to compliance with the Resource Management Act 1991, make drains or conduits on or under any land adjacent to the railway for the purpose of carrying water off the railway, and at all times maintain them in good repair:

• (h) remove or alter any drain or sewer or any pipes, wire, cable, or duct, together with any associated equipment, belonging to any person within or beyond the defined limits of the railway:

• (i) make or construct all such buildings, stations, machinery, bridges, roads, approaches, and other structures and works in connection with the railway as the Minister thinks necessary:

• (ia) make or construct all rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description used in connection with the railway:

• (j) construct such roads, service lanes, or access ways as the Minister thinks desirable for the purpose of giving access to any land whose access is severed by a railway:

• (k) do all such things as are necessary for making, maintaining, altering, repairing, and using the railway.

(1) Except as provided in section 63, compensation shall not be payable under this Act to any person in respect of—

• (a) any road being wholly closed under the powers conferred by section 37; or

• (b) the use or occupation of any road for any railway; or

• (c) any inconvenience to the users of any land fronting or adjoining any such road—

if reasonable and sufficient access to the nearest road crossing over or under the railway is available by some other road, whether it has been provided or constructed by the Minister or not.

(2) If any question arises as to whether other reasonable and sufficient access is so available, it shall be determined in such manner as is agreed upon between the owners and occupiers of the land, the territorial authority having the control of roads in the district, and the Minister; and every such determination shall be conclusive as to the rights or claims of all persons affected.

(3) If no such agreement is reached, all claims for compensation in respect of the matters referred to in subsection (1) shall be determined in the manner provided by this Act, but no compensation shall be awarded if in the opinion of the Land Valuation Tribunal other reasonable and sufficient access is so available.

(1) If the making of a railway has—

• (a) cut off all access by road to any land other than Crown land; or

• (b) separated one piece of the land of any person from another piece of land of that person—

and the Minister has not provided access to the land so cut off or between the pieces of land so separated, the Minister shall provide access to the land so cut off or between the pieces of land so separated—

• (c) by constructing a road, access way or service lane; or

• (d) by constructing a crossing between the pieces of land that have been separated.

(2) No access need be provided under this section as a consequence of the land having been subdivided after the construction of the railway.

(3) Where the Minister is satisfied that alternative access has become available to any land that has been granted an access under this section, the Minister may close any access provided under this section on giving not less than 3 months' notice in writing to the owner and occupier of the land affected.

(4) If the owner or occupier of any land to which subsection (1) applies objects to any decision of the Minister under this section, the Minister shall appoint a competent person to confer with the owner and, if possible, to agree with him as to the matter in dispute; and if no agreement can be reached between the parties the matter shall be referred to the nearest District Court, and the decision of the court thereon shall be final.

(1) Where it is found necessary for the construction of a railway to alter any road, tramway, watercourse, or drain, or any other public work, or any water supply pipe or gas supply pipe, or any power supply or telecommunications link, the alterations shall be made in such manner as will—

• (a) interfere as little as possible with the work altered; and

• (b) so far as practicable, provide the public and every person entitled to use the work altered with the equivalent use and convenience as they had before the alteration.

(2) Before commencing any such alteration, the Minister shall cause a plan of it to be prepared and to be submitted to the local authority having the control of the work proposed to be altered, or to the owner of the water supply pipe or gas supply pipe, power supply, or link, or other work, as the case may be.

(3) If the local authority or owner objects to the proposed alteration, the Minister shall appoint a competent person to confer with the authority or owner, and to agree with it or him as to the manner in which the alteration shall be made; and if no agreement can be reached between the parties, the matter shall be referred to the District Court nearest to the work in question, and the decision of the court thereon shall be final.

(4) The Minister may at any time interfere with any such road, public work, pipe, power supply, or link so far as is necessary to effect all necessary repairs on any railway lawfully constructed thereon, but shall give to such local authority or owner not less than 10 working days' notice of his intention to do so, except in the circumstances set out in subsection (5).

(5) In any emergency or danger the Minister may carry out forthwith all such works as appear to him to be necessary, and shall as soon as possible give notice of doing so to such local authority or owner.

(1) Subject to the conditions specified in this section, the Minister may temporarily occupy and use any land for the purpose of constructing, reconstructing, or repairing a railway, and may do the following things on the land:

• (a) take from the land stone, gravel, earth, and other materials:

• (b) deposit any construction materials:

• (c) deposit, permanently or temporarily, any material suitable for use in landscaping or restoration of that land or of the railway:

• (d) form and use drains and hard standings:

• (e) manufacture or fabricate materials and construct incidental works:

• (f) erect workshops, sheds, and other buildings of a temporary nature, and store or use any plant or equipment.

(2) The engineer or other person having the charge of the railway shall, before so occupying or using any land and, except in the case of accident to the railway requiring immediate repair, give to the owner and to the occupier of the land not less than 10 working days' notice in writing, and shall include in the notice—

• (a) a description of the land affected; and

• (b) the nature of any work to be carried out; and

• (c) the type of any material required; and

• (d) the approximate quantity of any material required; and

• (e) the use proposed to be made of any material to be removed; and

• (f) how and when entry is to be made; and

• (g) a statement of the owner or occupier's rights under subsection (3); and

• (h) the estimated amount of compensation to which the owner or occupier would be entitled under this Act.

(3) The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the engineer or other person of his intention to do so, apply to the District Court nearest to the land concerned, and the court may thereupon summon the engineer or other person to appear before the court at a time and place to be named in the summons.

(4) If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—

• (a) order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or

• (b) direct that the land be occupied and used or material taken from it in such manner and subject to such limitations and restrictions as it thinks fit—

and all persons concerned shall be bound by any such order.

The person in charge of any railway or part of a railway, whether vested in the Crown or not, shall be deemed to be the occupier of it for the purposes of the Impounding Act 1955; and any act, matter, or thing permitted or required to be performed or done by the occupier of land as defined in that Act may be performed or done in respect of any such railway or part by the person so in charge or by any person authorised generally or particularly by him for that purpose.

No part of any railway constructed by the Minister of Transport under this Act or under any other Act relating to the construction of public works or railways shall be opened for traffic until—

• (a) it has been inspected by some proper person appointed by the Minister of Transport for that purpose; and

• (b) that person has reported to the Minister of Transport that he has inspected—

  • (i) the whole of that part; and

  • (ii) except in the case of an extension of an existing railway, all the rolling stock to be used on it—

and that the railway and rolling stock are in good and efficient repair and may be safely and conveniently used for public traffic.

In sections 177 to 183—

There shall be for every local railway on which passengers are carried an officer called the General Manager, and the name and address of each General Manager shall be registered in the office of the Minister.

(1) The Minister may from time to time appoint any proper person to inspect any local railway, and that appointment may be—

• (a) general, authorising the appointed person to inspect all or any local railways as occasion may from time to time require; or

• (b) special, applying to any 1 or more specified sections of a local railway.

(2) Any person so appointed may at all reasonable times on producing his warrant of appointment, if required, enter on and examine any local railway, and the stations, works, and buildings, and the engines and carriages, and other rolling stock belonging to the railway.

(3) Every person who wilfully obstructs any person so appointed to inspect any local railway in the execution of his duty commits an offence against this Act.

(1) A local railway or a portion of a local railway shall not be opened for the public conveyance of passengers—

• (a) until 2 months after notice in writing of the intention of opening it has been given by its proprietors to the Minister; and

• (b) until 30 days after notice in writing has been given by such proprietors to the Minister of the time when the railway or portion of railway will be in their opinion sufficiently completed for the safe conveyance of passengers and ready for inspection; and

• (c) unless and until the Minister has given notice in writing to such proprietors that he has received from the person appointed under section 178 a certificate that the railway or the portion of it, as the case may be, is safe and fit for traffic.

(2) The proprietors of any local railway or portion of any local railway who open it or cause it to be opened without such notices having been duly given, commit an offence and shall be liable on summary conviction to a fine not exceeding $1,000 for every day or part of a day during which the railway or portion continues open until the said notices are duly given and the Minister has given his notice under subsection (1)(c) to the proprietors.

(1) If the person appointed to inspect any local railway or portion of local railway, after inspecting it, reports in writing to the Minister that in his opinion the opening or the continued working of it would be dangerous to the public or to the persons employed on the railway, owing to—

• (a) the incompleteness of the works or permanent way; or

• (b) the need for necessary repairs in any part of the railway; or

• (c) the insufficiency of the establishment for working the railway—

the Minister may from time to time—

• (d) order the proprietors of the railway to postpone its opening or discontinue working it, as the case may require, for any period not exceeding 1 month at any one time, until it appears to the Minister that the opening may take place or the working may be resumed without danger to the public; or

• (e) where an authorising order has been made under the Tramways Act 1908, direct that the works thereby authorised shall be completed in accordance with that order and any plan or documents mentioned in it, without suspending the traffic upon the tramway.

(2) The proprietors shall be entitled to a copy of the report on which any such order is founded.

(3) If any order made by the Minister under this section is not complied with by the proprietors of any local railway affected by it, they commit an offence and shall be liable on summary conviction to a fine not exceeding $1,000 for every day or part of a day during which the order is not complied with.

(1) The General Manager of every local railway shall, within 48 hours after the occurrence upon the railway under his management of any accident which causes serious personal injury to any member of the public or to any person employed on the railway or which causes serious damage to the line, appliances, rolling stock, or plant, give notice of the accident by telegram or telephone to the Minister.

(2) If any such General Manager wilfully omits to give such a notice he commits an offence and shall be liable on summary conviction to a fine not exceeding $100.

(1) The Minister may cause an inquiry to be held in such manner as he thinks fit into any accident referred to in section 181 and, for the purpose of preventing the recurrence of any such accident, may direct the proprietors of the local railway to—

• (a) make such alterations as are necessary in the construction or equipment of the railway or the rolling stock, plant, or machinery used on or in connection with it, or in the method of working it; and

• (b) discontinue the working of the railway, or the use of such rolling stock, plant, or machinery, or the method of working them, as the case may require, until such alteration has been made.

(2) If any such direction is not complied with, the proprietors of the local railway commit an offence and shall be liable on summary conviction to a fine not exceeding $1,000 for every day or part of a day during which the non-compliance continues.

(1) The Minister may order the General Manager of any local railway to make up and deliver to the Minister returns of serious accidents occurring in the course of the public traffic on the railway under his management, whether attended with personal injury or not.

(2) Such returns shall be made up in such form and manner as the Minister considers necessary with a view to the public safety.

(3) If any such returns are not so delivered within 14 days after they have been required, the General Manager commits an offence and shall be liable on summary conviction to a fine not exceeding $50 for every day or part of a day during which he neglects to deliver them.

The Crown is hereby empowered to construct and maintain any defence work in accordance with the Building Act 2004, where that Act applies to the work.