Waikato Raupatu Claims Settlement Act 1995

Schedule 3
Modifications of provisions of Public Works Act 1981 applicable to acquisition of settlement property

s 16(1)

1
2

  • For the purposes of section 16 of this Act, section 23(1)(b) of the Public Works Act 1981 shall have effect as if, for subparagraphs (ii) and (iii), there were substituted the following subparagraph:

    • “(ii) a statement that the land is to be acquired under section 16 of the Waikato Raupatu Claims Settlement Act 1995; and”.

3

  • For the purposes of section 16 of this Act, section 26 of the Public Works Act 1981 shall have effect as if, for subsection (1), there were substituted the following subsection:

    • “(1) After the expiration of the period of 20 working days specified in the notice served under section 23(1)(c), the land intended to be taken shall 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) the Minister shall recommend the Governor-General to issue a Proclamation taking the land.”

4

  • For the purposes of section 16 of this Act, Schedule 1 of the Public Works Act 1981 shall have effect as if, for the form set out in that schedule, there were substituted the following form:

“Notice of intention to take land in [insert name of city or district] for the purpose of giving effect to the Waikato Raupatu Claims Settlement

To [full name] of [address]

  • 1 Take notice that the Minister of Lands proposes to take under the Public Works Act 1981 your interest in the land described in the Schedule of this notice.

  • 2 The land is to be acquired under section 16 of the Waikato Raupatu Claims Settlement Act 1995.

  • 3 A plan of the land intended to be taken is attached.

    [May be deleted if all the land is in a surveyed lot.]

  • 4 Your interest in the land will not be acquired until at least 20 working days after the service of this notice on you.

Your right to compensation

  • 5 This notice relates to the taking of your interest in the land and not to your right to compensation. Under the Public Works Act 1981 you are entitled to full compensation for your interest in the land. If this compensation cannot be agreed between you and the Minister of Lands, it can be determined in separate proceedings before the Land Valuation Tribunal.

Warning

This notice concerns your rights over the land referred to. If you are in any doubt about its effect, you should obtain legal advice immediately.

Do not delay.

[Insert name] Land District

[Give general description of the land required to be taken, including the postal address or some other readily identifiable description of the place where the land is situated.]

[Add legal description of land]

 

 

Dated at [place, date]

 

Minister of Lands: [signature]”

5

  • For the purposes of section 16 of this Act, form A in Schedule 3 of the Public Works Act 1981 shall have effect as if—

    • (a) for the words “or [name of local authority] for the purpose of [insert name of public work mentioned in Proclamation or declaration]”, there were substituted the words “so that it can be transferred to Waikato pursuant to the Waikato Raupatu claims settlement”; and

    • (b) for the words “said work”, there were substituted the words “taking of the land described in Table A below”; and

    • (c) for the words “said land and the construction of the said public work” there were substituted the words “land described in Table A below”.