Public Works (Critical Infrastructure) Amendment Act 2025
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Public Works (Critical Infrastructure) Amendment Act 2025
Public Act |
2025 No 46 |
|
Date of assent |
26 August 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Public Works (Critical Infrastructure) Amendment Act 2025.
2 Commencement
This Act comes into force on 27 August 2025.
Section 2: editorial change made by the PCO, on 9 October 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Public Works Act 1981.
Part 1 Amendments relating to acquisition or taking of land for critical infrastructure projects
4 Section 2 amended (Interpretation)
In section 2, insert in its appropriate alphabetical order:
critical infrastructure project is defined in section 39AAB
5 New Part 2A inserted
After Part 2, insert:
Part 2A Acquisition or taking of land for critical infrastructure projects
39AA How this Part works
(1)
This Part applies (with some exceptions) if the Minister or a local authority requires land for a public work that is a critical infrastructure project (see section 39AAC).
(2)
The Minister or local authority, as the case may be, must attempt to acquire the land by agreement with the owner of the land (see section 39AAF).
(3)
If unsuccessful, the Minister or local authority may proceed to take the land using a modified form of the process set out in Part 2 of this Act (see section 39AAG).
(4)
In all other aspects, the acquiring or taking of land under this Part must be undertaken in accordance with the provisions of this Act as modified expressly or by necessary implication (see section 39AAO).
(5)
In certain circumstances, additional compensation is payable to owners of land for the acquiring or taking of their land under this Part (see section 39AAK).
(6)
This section is only a guide. It does not affect the provisions to which it refers.
39AAB Interpretation
In this Part, unless the context otherwise requires,—
critical infrastructure project means a project listed in Schedule 2A
Crown body has the meaning given in section 11(2) of the Infrastructure Funding and Financing Act 2020
department means—
(a)
an agency listed in Part 1 of Schedule 2 of the Public Service Act 2020:
(b)
the New Zealand Defence Force:
(c)
the New Zealand Police
Government work includes an undertaking described in section 224(1) if the Minister is responsible for acquiring the land for the undertaking
local work includes an undertaking described in section 224(1) if a local authority is responsible for acquiring the land for the undertaking
Minister means the Minister for Land Information
responsible department or Crown body means the department or Crown body responsible for the construction and execution of a Government work that is a critical infrastructure project.
When this Part applies
39AAC When this Part applies
(1)
The Minister must use this Part (instead of Part 2) to acquire or take under this Act any land required for a critical infrastructure project that is a Government work.
(2)
A local authority must use this Part (instead of Part 2) to acquire or take under this Act any land required for a critical infrastructure project that is—
(a)
a local work for which it has financial responsibility:
(b)
a local SPV work for which it is the responsible infrastructure authority.
(3)
This section is subject to the exceptions in sections 39AAD and 39AAE.
Exceptions to when this Part applies
39AAD Exception for protected Māori land
To the extent that any protected Māori land is required for a critical infrastructure project, this Part does not apply to the acquiring or taking of that land by the Minister or a local authority.
39AAE Exception if Part 2 process preferable in circumstances
(1)
The Minister must use Part 2 (instead of this Part) to acquire or take under this Act land required for a critical infrastructure project if the responsible department or Crown body informs the Minister in writing that, in its opinion, it would be preferable to use the process under that Part.
(2)
In forming an opinion for the purposes of subsection (1), the responsible department or Crown body—
(a)
must consider the time frames and costs of the project; and
(b)
may consider any other matters that it considers relevant.
(3)
A local authority must use Part 2 (instead of this Part) to acquire or take under this Act land required for a critical infrastructure project if it informs the Minister in writing that, in its opinion, it would be preferable to use the process under that Part.
(4)
In forming an opinion for the purposes of subsection (3), the local authority—
(a)
must consider the time frames and costs of the project; and
(b)
may consider any other matters that it considers relevant.
(5)
If the Minister receives a notification under subsection (1) or (3), the acquiring or taking under this Act of all land required for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.
(6)
A decision under this section to use Part 2 instead of this Part—
(a)
is irreversible; and
(b)
is only available if the Minister receives a notification under subsection (1) or (3) before any notice of desire to acquire any land required for the project is served under section 18; and
(c)
takes effect from the date of the public notification under subsection (5).
(7)
In this section, publicly notify means to publish a notice on an internet site maintained by or on behalf of the department responsible for the administration of this Act.
Acquisition by agreement
39AAF Minister or local authority must attempt to acquire land by agreement
(1)
The Minister or a local authority, as the case may be, must attempt to acquire land required for a critical infrastructure project by agreement with the owner of the land.
(2)
For that purpose, sections 17 and 18 of Part 2 apply with the following modifications:
(a)
any reference to a public work must be read as a reference to a critical infrastructure project; and
(b)
any notice served or lodged by the Minister or local authority under section 18(1)(a) or (b) must specify that the notice relates to a critical infrastructure project; and
(c)
the references in section 18(2) and (7) to proceeding to take the land under this Act must be read as references to proceeding to take the land under section 39AAG.
(3)
To avoid doubt, the estimated amount of compensation required to be provided to the owner under section 18(1)(c) must be an estimate of the compensation to which the owner would be entitled under section 39AAK.
Compulsory acquisition
39AAG Minister or local authority may proceed to take land if negotiations unsuccessful
(1)
This section applies if the Minister or a local authority, as the case may be, is unsuccessful in acquiring land required for a critical infrastructure project under section 39AAF because—
(a)
no agreement has been reached with the owner; or
(b)
section 18(7) applies.
(2)
The Minister or local authority may proceed to take the land.
(3)
For that purpose, sections 23 to 26 of Part 2 apply with the modifications set out in sections 39AAH to 39AAJ.
39AAH Notice of intention to take land
(1)
Section 23 must be read as if subsection (1) were replaced with the following subsections:
(1)
When land (other than land owned by the Crown) is required to be taken for a critical infrastructure project, the Minister or the local authority, as the case may be, must—
(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 that includes the information prescribed in subsection (1AAC); and
(c)
serve a notice in the form set out in Schedule 2B on the owner of, and persons with a registered interest in, the land of the intention to take the land; and
(d)
separately, but at the same time as serving the notice under paragraph (c), provide to the owner of, and persons with a registered interest in, the land the reasons on which their or its opinion referred to in subsection (1AA)(b) is based.
(1AA)
However, the Minister or local authority must not give or serve notice under subsection (1)(b) or (c) unless—
(a)
1 or more of the following apply:
(i)
the project is allowed under the Resource Management Act 1991:
(ii)
a designation (as defined in section 166(1) of the Resource Management Act 1991) is in place for the project:
(iii)
a notice of requirement for the project has been given under section 168 or 168A or clause 4 of Schedule 1 of the Resource Management Act 1991:
(iv)
a substantive application has been lodged under the Fast-track Approvals Act 2024 for a designation or an alteration to an existing designation and the project will be carried out under that designation or altered designation:
(v)
a notice of requirement was lodged under the Natural and Built Environment Act 2023 for a designation or an alteration to an existing designation and the project will be carried out under that designation or altered designation (see Part 1 of Schedule 1 of the Fast-track Approvals Act 2024, which continues a fast-track consenting process begun under the Natural and Built Environment Act 2023); and
(b)
in the Minister’s or local authority’s opinion, based on the information available to the Minister or local authority at the time the Minister or local authority decides to give or serve the notice under subsection (1)(b) or (c), the land is required to be taken for the project.
(1AAB)
In forming an opinion for the purposes of subsection (1AA)(b),—
(a)
the Minister must have regard to the matters in section 26(1B)(a)(i) to (iii) (as modified by section 39AAJ(1)):
(b)
the local authority must have regard to the matters in section 26(1B)(b)(i) to (iii) (as modified by section 39AAJ(1)).
(1AAC)
A notice for the purposes of subsection (1)(b) must include the following information:
(a)
a general description of the land required to be taken (including the street address or some other readily identifiable description of the place where the land is situated); and
(b)
a statement that the land is required for a critical infrastructure project (and that specifies the name of the project); and
(c)
a summary of the Minister’s or local authority’s reasons for the opinion the Minister or local authority is required to form under subsection (1AA)(b); and
(d)
the period within which a person (other than a person served with a notice under subsection (1)(c)) may—
(i)
provide a written indication of their intention to make a submission; and
(ii)
make a written submission; and
(e)
information about how a person may seek an extension to the period in which those indications and submissions may be submitted; and
(f)
the address or addresses to which those indications and submissions must be sent, which must be,—
(i)
in the case of indications and submissions provided or made to the Minister, the addresses of the Minister and the responsible department or Crown body; and
(ii)
in the case of indications and submissions provided or made to the local authority, its address.
(2)
Section 23 must be read as if subsection (3) were replaced with the following subsections:
(3)
Every person having an estate or interest in the land intended to be taken may make a submission on the taking of the land—
(a)
to the Minister if the land is required for a critical infrastructure project that is a Government work:
(b)
to the local authority if the land is required for a critical infrastructure project that is a local work.
(3A)
An indication of an intention to make a submission, and a submission, must be made in accordance with—
(a)
the notice given under subsection (1)(b); or
(b)
if the submitter is the owner of, or a person with a registered interest in, the land, the notice served under subsection (1)(c).
(3)
Section 23 must be read as if subsection (4)(c) were replaced with the following paragraph:
(c)
the intention to take the land is the subject of a submission to the Minister or local authority, or an inquiry by the Ombudsman, or any application for a judicial review, in which case the notice of intention remains valid for 3 months after, as the case may be,—
(i)
the date on which the Minister or local authority provided each submitter with a copy of their or its decision under section 26(1D) (as modified by section 39AAJ(1)); or
(ii)
the date on which the Minister or local authority receives written notice of the withdrawal of the submission; or
(iii)
the completion of any inquiry by the Ombudsman; or
(iv)
the date of the judicial decision.
(4)
Section 23 must be read as if the following subsections were inserted after subsection (9):
(10)
For the purposes of subsection (1AAC)(d)(i), the period must be 10 working days from the date on which the notice of intention to take the land is publicly notified for the second time.
(11)
For the purposes of subsection (1AAC)(d)(ii), the period must be 20 working days from the end of the period specified under subsection (10).
39AAI Submission process
Sections 24 and 25 must be read as if replaced with the following sections:
24 Process if no indications of submissions received by Minister or local authority
(1)
Subsection (2) applies if the Minister or a local authority, as the case may be,—
(a)
gives and serves notice under section 23 (as modified by section 39AAH) of an intention to take land required for a critical infrastructure project; and
(b)
does not receive, in the time frame permitted under subsection (3), a written indication from any person with an estate or interest in the land of their intention to make a submission in relation to the taking of the land.
(2)
The land may be taken in accordance with section 26 (as modified by section 39AAJ).
(3)
For the purposes of subsection (1)(b), the time frame permitted means,—
(a)
in relation to a person with an unregistered estate or interest in the land,—
(i)
the period for indicating an intention to make a submission stated in the notice given under section 23(1)(b) (as modified by section 39AAH(1)); or
(ii)
that period plus any extension granted to the person under section 25A (as inserted by operation of section 39AAI):
(b)
in relation to the owner of, and persons with a registered interest in, the land,—
(i)
10 working days from the date on which the notice of intention to take the land is served under section 23(1)(c) (as modified by section 39AAH(1)); or
(ii)
that period plus any extension granted to the owner or person under section 25A (as inserted by operation of section 39AAI).
25 Process if submissions received by Minister or local authority
(1)
This section applies if—
(a)
the Minister or local authority, as the case may be, gives and serves notice under section 23 (as modified by section 39AAH) of their or its intention to take land required for a critical infrastructure project; and
(b)
in response, the owner or any other person with an estate or interest in the land—
(i)
indicates, in writing and in the time frame permitted under section 24 (as modified by section 39AAI), their intention to make a submission to the Minister or local authority; and
(ii)
in the time frame permitted under subsection (7), makes a submission.
Submissions received by Minister
(2)
The responsible department or Crown body must, no later than 10 working days after the latest date on which submissions to the Minister may be received, or within any extension to that period granted to it under section 25A, provide the Minister with—
(a)
a written response to the submissions received; and
(b)
any new information it holds in relation to the matters raised in each submission and that it has not previously supplied to the Minister.
(3)
The Minister must send to a submitter a copy of any information received from the department or Crown body in response to their submission, and the submitter has a right to respond to the Minister, with 1 further written submission, no later than 10 working days after receiving the information, or within any extension to that period granted to them under section 25A.
Submissions received by local authority
(4)
Subject to section 25A(6), the local authority must, no later than 10 working days after the latest date on which submissions to it may be received, send each submitter a written response to their submission, and the submitter has a right to respond to the local authority with 1 further written submission no later than 10 working days after receiving the information, or within any extension to that period granted to them under section 25A.
General provisions applying to all submissions
(5)
A submitter may withdraw a submission or further submission at any time before the Minister or local authority considers it for the purposes of forming an opinion under section 26(1) (as modified by section 39AAJ(1)).
(6)
No submitter has a right to an oral hearing by the Minister or local authority under this section.
(7)
For the purposes of subsection (1)(b)(ii), the time frame permitted means,—
(a)
in relation to a person with an unregistered estate or interest in the land,—
(i)
the period for making a submission stated in the notice given under section 23(1)(b) (as modified by section 39AAH(1)); or
(ii)
that period plus any extension granted to the person under section 25A (calculated from the end date of the period in which that person may indicate their intention to make a submission):
(b)
in relation to an owner of, or a person with a registered interest in, the land,—
(i)
20 working days from the date referred to in section 24(3)(b) (as modified by section 39AAI); or
(ii)
that period plus any extension granted to the person under section 25A (calculated from the end date of the period in which the owner or person may indicate their intention to make a submission).
(8)
In this section, a reference to section 25A must be read as a reference to section 25A as inserted by operation of section 39AAI.
25A Extensions to submission procedure time frames
(1)
An interested person may request the Minister or a local authority, as the case may be, to grant 1 or more extensions to 1 or more of the following time frames specified in a notice given or served under section 23 (as modified by section 39AAH):
(a)
the period within which the interested person may provide a written indication of their intention to make a submission:
(b)
the period within which the interested person may make a submission:
(c)
the period within which the interested person may make a further submission.
(2)
A responsible department or Crown body may request the Minister to grant 1 or more extensions to the time frame specified in section 25(2) (as modified by section 39AAI).
(3)
A request must be in writing.
(4)
The Minister or local authority, as the case may be, may grant a request if,—
(a)
in the Minister’s or local authority’s opinion, it is reasonable to do so; and
(b)
the extension will not increase the specified time frame for that step of the submission procedure by more than 20 working days (whether of itself or in combination with any other extensions previously granted under this section for that step).
(5)
The Minister or local authority must—
(a)
decide whether to grant a request as soon as practicable, but no later than 3 working days after receiving the request; and
(b)
as soon as practicable, give written notice of that decision to the interested person, responsible department or Crown body, or local authority, as the case may be.
(6)
If the decision relates to a request under subsection (2), the Minister must also give written notice of their decision to all interested persons who have made a submission.
(7)
A local authority may extend the time by which it must send written responses to submitters under section 25(4) (as modified by section 39AAI)—
(a)
by no more than 20 working days; and
(b)
if it considers it reasonable to do so; and
(c)
provided it gives written notice of that fact to all interested persons who have made a submission.
(8)
In this section, interested person means a person with an estate or interest in the land described in a notice referred to in subsection (1).
39AAJ When Proclamation may issue
(1)
Section 26 must be read as if subsection (1) were replaced with the following subsections:
(1)
Subsection (1C) applies if—
(a)
the Minister or a local authority has given and served notice under section 23 (as modified by section 39AAH) of an intention to take land required for a critical infrastructure project; and
(b)
either—
(i)
section 24(2) (as modified by section 39AAI) applies; or
(ii)
the applicable time frame permitted for submissions and further submissions under section 25 (as modified by section 39AAI) has expired; and
(c)
the Minister or local authority, as the case may be, is of the opinion that—
(i)
the land should be taken for the critical infrastructure project; and
(ii)
no private injury will be done for which due compensation is not provided in this Act.
(1A)
In forming an opinion for the purposes of subsection (1)(c),—
(a)
the Minister must have regard to—
(i)
every submission and further submission that is made within the applicable time frame permitted under section 25 (as modified by section 39AAI) and not withdrawn; and
(ii)
the responses and other information provided to the Minister under that section:
(b)
the local authority must have regard to every submission and further submission that is made within the applicable time frame permitted under section 25 (as modified by section 39AAI) and not withdrawn.
(1B)
In forming an opinion for the purposes of subsection (1)(c)(i),—
(a)
the Minister must also have regard to—
(i)
the objectives of the responsible department or Crown body; and
(ii)
the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives; and
(iii)
whether, in the Minister’s opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the department or Crown body for the land to be taken:
(b)
the local authority must also have regard to—
(i)
its objectives; and
(ii)
the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives; and
(iii)
whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving its objectives for the land to be taken.
(1C)
The land intended to be taken may be taken in the following manner:
(a)
subject to section 32,—
(i)
a survey plan must be prepared showing accurately the position and extent of the land proposed to be taken; and
(ii)
the plan must be signed by the Chief Surveyor as evidence of its accuracy; and
(iii)
a duplicate print of the title plan must be prepared:
(b)
in the case of a Government work, the Minister must recommend the Governor-General to issue a Proclamation taking the land:
(c)
in the case of a local work,—
(i)
the local authority must submit to the Governor-General a request to take the land proposed to be taken, together with the title plan unless section 32 applies:
(ii)
the request must be signed by the chief executive of the local authority, and need not be under seal:
(iii)
a statutory declaration by the chairperson, mayor, or 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.
(1D)
The Minister or the local authority must provide each submitter with a copy of their or its decision in relation to whether to proceed under subsection (1C).
(2)
For the purposes of the statutory declaration required under section 26(1C)(c)(iii) (as modified by subsection (1)), Schedule 2 must be read as if paragraph 5 were omitted.
Compensation payable under this Part
39AAK Compensation payable under this Part
(1)
The compensation specified in subsection (2) must be paid to an owner of land if—
(a)
the Minister or a local authority, as the case may be, has sought agreement with them to acquire their land; and
(b)
the land is acquired or taken under this Part; and
(c)
the payment of compensation is not excluded by section 39AAL.
(2)
The compensation to be paid is—
(a)
compensation to which the owner is entitled under Part 5 for the acquiring or taking of the land, except any compensation payable under section 72A(1)(b) or (c); and
(b)
compensation in recognition of the land being acquired or taken for a critical infrastructure project; and
(c)
compensation in recognition of the benefit to the Crown or local authority in not having to take the land compulsorily, if the owner is party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23 (as modified by section 39AAH).
(3)
The compensation paid under subsection (2)(b) must—
(a)
equal 5% of the total land value of the land; or
(b)
be $92,000 if 5% of the total land value is equal to or more than $92,000.
(4)
The compensation paid under subsection (2)(c) must—
(a)
equal 15% of the total land value of the land; or
(b)
be $5,000 if 15% of the total land value is equal to or less than $5,000; or
(c)
be $150,000 if 15% of the total land value is equal to or more than $150,000.
(5)
However, the compensation paid—
(a)
under subsection (2)(b) must not in total exceed $92,000 regardless of—
(i)
the number of owners of the land; and
(ii)
the nature of the estate or interest each of the owners has in the land:
(b)
under subsection (2)(c) must not in total exceed $150,000 regardless of—
(i)
the number of owners of the land; and
(ii)
the nature of the estate or interest each of the owners has in the land.
(6)
If compensation is payable under subsection (2)(b) or (c) for land that is owned by more than 1 person, the compensation must be—
(a)
paid only to those owners of land who qualify under subsection (1); and
(b)
apportioned between those qualifying owners in proportion to the individual value each owner has in the land.
(7)
For the purposes of this section, an owner of land referred to in section 18(7)(c), (d), or (e) must be treated as if they were a party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23.
(8)
In this section,—
owner has the same meaning as in section 59
total land value has the same meaning as in section 72B.
(9)
In subsection (6)(b), individual value means the portion of total land value for each category of interest or estate in land (for example, all leasehold interests in land) that is payable to an owner described in subsection (6)(a), determined by the percentage of the relevant category of interest or estate that the owner holds.
(10)
To avoid doubt, this section does not limit or affect any entitlement to compensation under this Act that an owner of land to which subsection (1) does not apply may have. (For example, if the Minister seeks agreement only with the fee simple owner of a parcel of land and the land is acquired or taken under this Part, an owner of any other estate or interest in that same parcel is entitled to compensation under this Act if the Act so provides for it.)
39AAL Circumstances in which compensation must not be paid under section 39AAK(2)(b) and (c)
(1)
Compensation must not be paid to an owner of land under section 39AAK(2)(b) unless the owner gives vacant possession of the land and all buildings and structures on the land to the Minister or local authority, as the case may be,—
(a)
on or before the vacant possession date, or any later date that the Minister or local authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
(b)
within 1 month after the date on which the Minister or local authority serves notice on the vendor or person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the Minister or local authority allows, if—
(i)
the land is acquired under an agreement that does not specify a vacant possession date; or
(ii)
no agreement for sale is entered into and the land is taken by Proclamation.
(2)
Compensation must not be paid to an owner of land under section 39AAK(2)(c) unless that owner gives vacant possession of the land and all buildings and structures on the land to the Minister or local authority, as the case may be,—
(a)
on or before the vacant possession date, or any later date that the Minister or local authority allows, if the land is acquired under an agreement that specifies a vacant possession date; or
(b)
within 1 month after the date on which the Minister or local authority serves notice on the vendor or person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the Minister or local authority allows, if the land is acquired under an agreement that does not specify a vacant possession date.
(3)
Compensation must not be paid to an owner of land under section 39AAK(2)(b) unless the owner—
(a)
is not a willing party to the acquisition of the land; or
(b)
is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land under this Part.
(4)
Compensation must not be paid to an owner of land under section 39AAK(2)(c) unless the owner is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land under this Part.
(5)
Compensation must not be paid to an owner of land under section 39AAK(2)(b) or (c) if the land is—
(a)
transferred under section 50 for another public work that is a critical infrastructure project:
(b)
owned by a Crown body and acquired or taken by the Minister or a local authority:
(c)
owned by a local authority and acquired or taken by the Minister or another local authority.
39AAM Adjustment of compensation payable under this Part
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend section 39AAK by doing 1 or more of the following:
(a)
increasing or decreasing the percentages in section 39AAK(3) and (4):
(b)
increasing or decreasing the compensation limits in section 39AAK(3)(b) and (4)(b) and (c).
(2)
The Minister must not recommend the making of an Order in Council under this section unless the Minister is of the opinion that it is necessary or desirable to do so having regard to the following:
(a)
the purposes of the compensation payable under section 39AAK; and
(b)
the matters in section 72E(2)(b) to (e); and
(c)
the affordability of the compensation for the relevant departments, Crown bodies, and local authorities; and
(d)
comments received in response to public consultation under subsection (3).
(3)
Before recommending the making of an Order in Council under this section, the Minister must publicly consult about the proposed changes.
(4)
An Order in Council cannot be made under this section more than once every 5 years irrespective of whether amendments are made to only some of the relevant provisions in the order.
(5)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Other matters
39AAN Adjustment to critical infrastructure project descriptions
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2A by doing either or both of the following:
(a)
amending the project description in the second column of that schedule for any item:
(b)
amending the location description in the third column of that schedule for any item.
(2)
The Minister must not recommend the making of an Order in Council under this section unless the Minister is satisfied that the scope of each project concerned will not be substantially different as a result of the amendment, taking into account—
(a)
the purpose of the project; and
(b)
the location, scale, and nature of the works involved in the project.
(3)
To avoid doubt, no new items may be inserted into Schedule 2A by an order made under this section.
(4)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
39AAO Modifications to this Act for purposes of this Part
(1)
For the purposes of this Part, this Act applies—
(a)
with the modifications made by this Part; and
(b)
with the modifications set out in the rest of this section; and
(c)
with any other necessary modifications.
(2)
Section 4(6)(a)(iii) must be read as if the reference to objections included a reference to any rights to make a submission under section 23(3) (as modified by section 39AAH(2)) or further submission under section 25 (as modified by section 39AAI).
(3)
A notice under this Part may also be served or given—
(a)
by sending it to the last known electronic address of the person on whom it is to be served or to whom it is to be given; or
(b)
by sending it to the last known electronic address of any agent or attorney of that person.
39AAP Review of this Part and sections 72F and 72G
(1)
The Minister must—
(a)
review the operation of this Part and sections 72F and 72G 3 years after the date on which this Part commences; and
(b)
prepare a report on that review.
(2)
The Minister must ensure that, during the review, the people that the Minister thinks appropriate are consulted.
(3)
The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.
Part 2 Related and consequential amendments
6 Section 72A amended (Amount of compensation to be paid under section 72)
After section 72A(2), insert:
(3)
The amount of compensation determined under subsection (1) is subject to—
(a)
section 39AAK(2)(a) in relation to a person described in section 39AAK(1):
(b)
section 72F(10) in relation to a person described in section 72F(1) or (6).
7 New sections 72F and 72G inserted
After section 72E, insert:
72F Additional compensation for protected Māori land acquired or taken for critical infrastructure project
Mandatory payments
(1)
The compensation specified in subsection (2) must be paid to an owner of protected Māori land if—
(a)
the Minister or a local authority, as the case may be, has sought agreement with them to acquire their land for a critical infrastructure project; and
(b)
the land is acquired or taken under Part 2; and
(c)
except for any other protected Māori land, all other land acquired or taken, or to be acquired or taken, for the project (if any) has been, or will be, acquired or taken under Part 2A; and
(d)
the payment of compensation is not excluded by section 72G.
(2)
The compensation to be paid is—
(a)
compensation in recognition of the land being acquired or taken for a critical infrastructure project; and
(b)
compensation in recognition of the benefit to the Crown or local authority in not having to take the land compulsorily if the owner is party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23.
(3)
The compensation paid under subsection (2)(a)—
(a)
must be the amount calculated in accordance with section 39AAK(3); and
(b)
must not exceed the amount specified in section 39AAK(5)(a) regardless of—
(i)
the number of owners of the land; or
(ii)
the nature of the estate or interest each owner has in the land.
(4)
The compensation paid under subsection (2)(b)—
(a)
must be the amount calculated in accordance with section 39AAK(4); and
(b)
must not exceed the amount specified in section 39AAK(5)(b) regardless of—
(i)
the number of owners of the land; or
(ii)
the nature of the estate or interest each owner has in the land.
(5)
If compensation is payable under subsection (2)(a) or (b) for land that is owned by more than 1 person, the compensation must be—
(a)
paid only to owners who qualify under subsection (1); and
(b)
apportioned between those qualifying owners in proportion to the individual value each owner has in the land.
Discretionary payments
(6)
Subsection (7) applies to an owner of protected Māori land if—
(a)
the circumstances in subsection (1)(a) to (c) apply to the owner and their land; but
(b)
the owner is not entitled to the compensation payable under subsection (2)(b) because the land is acquired or taken after a notice of intention to take the land is given or served under section 23.
(7)
The Minister or local authority, as the case may be, may, in their or its discretion, pay compensation to the owner if—
(a)
the Minister or local authority has had regard to—
(i)
the legal and practical constraints on the owner in reaching a decision to sell the land; and
(ii)
any other matters relating to the nature of the landholding or its ownership structure that affect the practicality of selling the land; and
(iii)
whether, because of constraints or matters referred to in paragraph (i) or (ii),—
(A)
the land was acquired by agreement to which the owner was a party after a notice of intention to take the land was given or served under section 23; or
(B)
the owner supported the taking of the land by Proclamation as the most practical means of executing the acquisition; and
(b)
the payment of compensation is not excluded by section 72G.
(8)
Compensation paid under subsection (7) must be equivalent to the amount that would be paid if it were payable under subsection (2)(b).
(9)
If compensation is paid under subsection (7) for land that is owned by more than 1 person, the compensation must be—
(a)
paid only to the owners who qualify under subsection (6); and
(b)
apportioned between the owners in proportion to the individual value each owner has in the land.
Matters that apply to both categories of payment
(10)
If an owner of land is paid compensation under subsection (2)(b) or (7), the owner is not entitled to any compensation under section 72A(1)(b) or (c) for the land.
(11)
For the purposes of this section, an owner of protected Māori land who is an owner of land referred to in section 18(7)(c), (d), or (e) must be treated as if they were a party to an agreement by which the land is acquired before a notice of intention to take the land is given or served under section 23.
(12)
In this section, critical infrastructure project has the meaning given in section 39AAB.
(13)
In subsections (5)(b) and (9)(b), individual value means the portion of total land value for each category of interest or estate in land (for example, all leasehold interests in land) that is payable to an owner described in subsection (5)(a) or (9)(a), as the case may be, determined by the percentage of the relevant category of interest or estate that the owner holds.
(14)
See section 39AAP in relation to the Minister for Land Information’s obligation to review this section.
72G Circumstances in which compensation must not be paid under section 72F(2) or (7)
(1)
Compensation must not be paid to an owner of land under section 72F(2)(a) and (b) or (7) unless the owner gives vacant possession of the land and all buildings and structures on the land to the Minister or local authority, as the case may be,—
(a)
on or before the vacant possession date, or any later date that the Minister or local authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
(b)
within 1 month after the date on which the Minister or local authority serves notice on the vendor or person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the Minister or local authority allows, if—
(i)
the land is acquired under an agreement that does not specify a vacant possession date; or
(ii)
no agreement for sale is entered into and the land is taken by Proclamation.
(2)
Compensation must not be paid to an owner of land under section 72F(2)(a) unless the owner—
(a)
is not a willing party to the acquisition of the land; or
(b)
is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
(3)
Compensation must not be paid to an owner of land under section 72F(2)(b) unless the owner is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
(4)
Compensation must not be paid to an owner of land under section 72F(7) unless the owner is a willing party to the taking principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
8 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
9 New Schedules 2A and 2B inserted
After Schedule 2, insert the Schedules 2A and 2B set out in Schedule 2 of this Act.
Amendments to Resource Management Act 1991
10 Principal Act
Sections 11 and 12 amend the Resource Management Act 1991.
11 Section 185 amended (Environment Court may order taking of land)
After section 185(7), insert:
(8)
Subsection (9) applies if the designation or requirement to which the order relates is for a critical infrastructure project—
(a)
within the meaning of section 2 of the Public Works Act 1981; and
(b)
in relation to which the requiring authority may use Part 2A of that Act to acquire the owner’s land.
(9)
The owner must be paid compensation in recognition of the land being acquired for a critical infrastructure project and, for that purpose, must be treated as if they were an owner of land entitled to the compensation specified in section 39AAK(2)(b) of that Act unless the exclusion in section 39AAL(1) applies.
12 Section 186 amended (Compulsory acquisition powers)
(1)
Replace section 186(1) with:
(1)
A network utility operator that is a requiring authority may apply to the Minister for Land Information to have land required—
(a)
for a project or work that is a critical infrastructure project within the meaning of section 39AAB of the Public Works Act 1981 acquired or taken under Part 2A of that Act, and, if the Minister for Land Information agrees, that land may be taken or acquired:
(b)
for any other project or work acquired or taken under Part 2 of the Public Works Act 1981 as if the project or work were a Government work within the meaning of section 2 of that Act, and, if the Minister for Land Information agrees, that land may be taken or acquired.
(2)
In section 186(5), replace “Minister of Lands”
with “Minister for Land Information”
.
(3)
In section 186(6), replace “Minister of Lands”
with “Minister for Land Information”
.
Schedule 1 New Part 2 inserted into Schedule 1AA
Part 2 Provisions relating to Public Works (Critical Infrastructure) Amendment Act 2025
6 Definitions
In this Part,—
amendment Act means the Public Works (Critical Infrastructure) Amendment Act 2025
critical infrastructure project has the meaning given in section 39AAB
responsible department or Crown body has the meaning given in section 39AAB.
7 Application of Part 2A if section 18 notice served before amendment Act commences
(1)
This clause applies if, before the amendment Act commences,—
(a)
the Minister or a local authority, as the case may be, has served a notice under section 18 of the Minister’s or local authority’s desire to acquire land for a public work that falls within the definition of a critical infrastructure project but has not yet given or served a notice of intention under section 23 to take that land; and
(b)
no notice of intention under section 23 has been given or served for any other land required for that public work.
(2)
The Minister must proceed with any subsequent acquiring or taking of the land in accordance with Part 2A unless—
(a)
the land is protected Māori land; or
(b)
the responsible department or Crown body informs the Minister in writing that, in its opinion, taking into account the time frames and costs of the project and any other matters that it considers relevant, it would be preferable to complete the process under Part 2.
(3)
The local authority must proceed with any subsequent acquiring or taking of the land in accordance with Part 2A unless—
(a)
the land is protected Māori land; or
(b)
it informs the Minister in writing that, in its opinion, taking into account the time frames and costs of the project and any other matters that it considers relevant, it would be preferable to complete the process under Part 2.
(4)
If the Minister receives a notification under subclause (2)(b) or (3)(b), the acquiring or taking under this Act of all land required for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.
(5)
A decision under this clause to use Part 2 instead of Part 2A—
(a)
is irreversible; and
(b)
is only available if, after the amendment Act commences, the Minister receives a notification under subclause (2)(b) or (3)(b)—
(i)
before any other notice of desire to acquire land for the project is served under section 18; and
(ii)
before any notice of intention under section 23 is given or served for any land required for the project; and
(c)
takes effect from the date of the public notification under subclause (4).
(6)
To avoid doubt, if this clause applies (and the option under subclause (2)(b) or (3)(b) to proceed in accordance with Part 2 is not exercised),—
(a)
the Minister or local authority, as the case may be, must comply with section 39AAG in relation to taking the land compulsorily; and
(b)
no person has a right to object to the Environment Court to the taking of the land under section 23(3) (as that section read before the amendment Act commenced), but every person with an estate or interest in the land is entitled to make a submission to the Minister or local authority in accordance with section 39AAI; and
(c)
the owner of the land from whom the Minister or local authority sought agreement to acquire the land is entitled to the compensation described in section 39AAK(2).
(7)
Any estimated amount of compensation previously provided to an owner of land affected by this clause must be adjusted to take account of the compensation to which the owner of land is entitled under section 39AAK(2), and written notice of the adjusted estimate must be given to the owner together with an explanation of why the estimate has been adjusted, including that the land is required for a critical infrastructure project.
(8)
The adjusted estimate does not affect the validity of the relevant notice of desire to acquire land previously served on the owner under section 18.
(9)
In subclause (4) and clause 8(2), publicly notify has the same meaning as in section 39AAE(7).
8 Application of Part 2A if section 23 notice given or served before amendment Act commences
(1)
Subclause (2) applies if, before the amendment Act commences, the Minister or a local authority, as the case may be, has given or served a notice under section 23 of the Minister’s or local authority’s intention to take land for a public work that falls within the definition of a critical infrastructure project.
(2)
The acquiring or taking of all land for the project must proceed in accordance with Part 2, and the Minister must publicly notify a statement to that effect.
9 No breach of good faith
The following apply if the Minister or a local authority proceeds to acquire or take land described in clause 7(1)(a) in accordance with Part 2A:
(a)
of itself, the acquiring or taking of the land is not a breach of the good faith obligation referred to in section 18(1):
(b)
the Minister or local authority is not required to repeat any of the prior negotiations required by that section before giving or serving notices of intention to take the land under section 23 (as modified by section 39AAH).
Schedule 2 New Schedules 2A and 2B inserted
Schedule 2A Critical infrastructure projects
s 39AAB
| Project name | Project description | Approximate geographical location | ||
|---|---|---|---|---|
| Airport to Botany Bus Rapid Transit | Construct and operate a Bus Rapid Transit facility, and walking and cycling facilities, connecting the Auckland International Airport Precinct to Botany Town Centre through Manukau Central | Botany Town Centre to Auckland International Airport via Te Irirangi Drive, Great South Road, Ronwood Avenue, Osterley Way, Manukau Station Road, Lambie Drive, Puhinui Road, and State Highway 20B ending at Orrs Road | ||
| Alternative to the Brynderwyn Hills | Develop a road and associated infrastructure between Te Hana and State Highway 15 (Port Marsden Highway) or 1 or more sections of road between those 2 points | Between Te Hana and the State Highway 1 and State Highway 15 (Port Marsden Highway) intersection | ||
| Ashburton Second Urban Bridge | Construct a second urban bridge over the Ashburton River / Hakatere connecting Ashburton and Tinwald, including—
|
Chalmers Avenue, Ashburton to Grahams Road, Tinwald, Canterbury | ||
| Auckland Level Crossings Removals | In stages, remove and grade-separate approximately 42 level crossings | Auckland | ||
| Carrington Residential Development | Develop approximately 4,000 to 4,500 residential dwellings of mixed typologies | 40 hectares at 1A to 139 Carrington Road, Mt Albert, Auckland | ||
| Central Park Resilience | Develop a secondary indoor substation with line connections to the existing substation and line | 92 and 96 Nairn Street, 67 Brooklyn Road, Wellington | ||
| Cross-town (Avondale–Southdown) Corridor | Complete a cross-isthmus rail corridor connecting Avondale and Westfield Junction, via Onehunga, by—
|
Between Avondale (PAK’nSAVE New North Road) and Westfield Junction, Auckland | ||
| East–West link | Develop a road and associated infrastructure on the northern side of the Mangere Inlet from State Highway 20 at the Onehunga interchange to State Highway 1 in the vicinity of the Mount Wellington interchange | Between State Highway 20 at Onehunga and State Highway 1 at Mt Wellington | ||
| End of Life Bridge Replacement | Replace 8 end-of-life State highway bridges |
State Highway 25 Boundary Creek Bridge, Te Mata, Coromandel State Highway 3 Manapepeki No 2 Culvert, between Mt Messenger and Tongapōrutu, New Plymouth, Taranaki State Highway 43 Kururau Stream Water Drive, Aukopae, King Country, Manawatū–Wanganui State Highway 36 Hauraki Stream Culvert, Hamurana, Bay of Plenty State Highway 25 Ramarama Stream Bridge, Whiritoa, Waikato State Highway 82 Waihao North Bridge, Waimate, Waihao Downs, Canterbury State Highway 27 Ohinekaua Stream Bridge, Tahuna–Patetonga Road, Waikato State Highway 6 Coal Creek Overbridge, Greymouth, West Coast |
||
| Four-Tracking Westfield to Pukekohe | Widen the existing rail corridor and expand the North Island Main Trunk between Westfield Junction (Newmarket) and Pukekohe (approximately 38 kilometres) from a 2-track to 4-track railway, including—
|
38 kilometres of the North Island Main Trunk between Westfield Newmarket and Pukekohe | ||
| Hamilton Southern Links | Develop 1 or more roads and associated infrastructure to support Hamilton’s planned southern growth, including by—
|
State Highway 1 from Kahikatea Drive to the Waikato Expressway at Tamahere, State Highway 1C between State Highways 23 and 3, and State Highway 3 from Hamilton Airport to central and east Hamilton | ||
| Hawke’s Bay Expressway | Upgrade the existing State highway between Napier and Hastings | State Highway 2 between Napier and Hastings | ||
| High Voltage Direct Current Cable Replacement and Capacity Project (HVDC) | Upgrade the HVDC inter-island transmission link and replace undersea cables connecting the North Island and the South Island, including—
|
Oteranga Bay, and associated access ways between South Makara Road and Oteranga Bay Fighting Bay, and the associated access ways between Tumbledown Bay Road and Ōraumoa / Fighting Bay |
||
| Hope Bypass | Undertake State highway improvements from the Salisbury Road extension to south of Hope township, including a new roading section bypassing Richmond and Hope townships | Richmond Deviation and associated intersections and the new highway section parallel to existing Gladstone Road, State Highway 6, Richmond and Hope townships, Tasman | ||
| Implementation of the Ōtākaro Avon River Corridor Regeneration Plan | Install infrastructure and facilities to regenerate the Avon River / Ōtākaro, including approximately 22 kilometres of stopbank and 18 pumping stations | Avon River / Ōtākaro Corridor and surrounds including Bexley Park, eastern Christchurch | ||
| Lower North Island Integrated Rail Mobility and PBC-Stage RS4.3 | Upgrade existing rail network, comprising new or extended passing loops, additional stabling (Wellington and Palmerston North), a new depot and stabling facility (Masterton), and station upgrades (north of Waikanae and Wairarapa) | National rail network—
|
||
| Marsden Point Rail Link | Construct and operate an approximately 19-kilometre rail link corridor connection | From the North Auckland line at Oakleigh via Mata Hill, along the Ruakākā River to Northport, Marsden Point, Northland | ||
| Mill Road | Develop works between the Redoubt Road interchange on State Highway 1 in Manukau to the proposed Drury South interchange on State Highway 1 in Drury | Redoubt Road interchange on State Highway 1 in Manukau to the proposed Drury South interchange on State Highway 1 in Drury, Auckland | ||
| North-West Rapid Transit | Develop a rapid transit link between Brigham Creek and Auckland City centre, including associated infrastructure and connections | Alongside State Highway 16 north-west Auckland to Auckland Central | ||
| Papakura to Pukekohe Route Protection—Four-tracking and Active Mode Corridor | In stages, remove 6 level crossings and associated crossing interventions and establish an active mode corridor from Pukekohe to Drury Railway Station | North Island Main Trunk railway line between Papakura and Pukekohe, Auckland | ||
| Petone to Grenada and the Cross Valley Link | Plan, design, and construct a road between Petone and Grenada (P2G) |
Between Petone and Grenada |
||
Plan, design and construct an urban arterial road (CVL) |
Between Petone and Seaview |
|||
| State Highway 1 Cambridge to Piarere Long Term Improvements Project | Develop a road and associated infrastructure from the southern end of the Waikato Expressway at Cambridge to the intersection of State Highway 1 and State Highway 29 at Piarere | State Highway 1 Cambridge to Piarere | ||
| State Highway 1 North Canterbury—Woodend Bypass Project (Belfast to Pegasus) | Extend the State Highway 1 Christchurch Northern Corridor between Belfast and Pegasus | State Highway 1 North Canterbury | ||
| State Highway 1 Wellington Improvements | Improve State Highway 1 between the Terrace Tunnel and Kilbirnie | North of Terrace Tunnel to Kilbirnie, Wellington City | ||
| State Highway 1 Whangārei to Port Marsden Highway | Develop a road and associated infrastructure between Whangārei and State Highway 15 (Port Marsden Highway) or 1 or more sections of road between those 2 points | State Highway 1, Whangārei to State Highway 1 and State Highway 15 (Port Marsden Highway) intersection | ||
| State Highway 16 North-West Alternative State Highway | Develop a road and associated infrastructure connecting Redhills North and State Highway 16 west of Kumeū-Huapai | State Highway 16 Auckland (west) | ||
| State Highway 25 Pepe Stream Bridge Replacement | Replace the existing 1-way bridge and footpath bridge with a new bridge | Pepe Stream Bridge, Tairua | ||
| State Highway 29 Tauriko Network Connections (including Omanawa Bridge replacement) | Upgrade existing, and construct new, roading corridor between the vicinity of the Omanawa Bridge and a new connection with State Highway 2 together with upgrades to connections between State Highway 29 and State Highway 36 at the intersection with Taurikura Drive and State Highway 29A at the Barkes Corner roundabout | State Highway 29 and State Highway 29A area | ||
| Takitimu North Link—Stage 2 | Develop a road and associated infrastructure between Te Puna and Ōmokoroa | Between Te Puna and Ōmokoroa, Bay of Plenty | ||
| Warkworth to Te Hana | Develop a road and associated infrastructure between Warkworth and north of Te Hana, or 1 or more sections of a State highway between those 2 points | Between Warkworth and north of Te Hana |
Schedule 2B Notice of intention to take land for critical infrastructure project
s 39AAH(1)
Form Notice of intention to take land for [name of project from first column of Schedule 2A] critical infrastructure project in [name of district]
To [full name] of [address]
1
The [name of Minister or local authority] 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 required for [insert name of project from first column of Schedule 2A] critical infrastructure project and it is intended to use the land for [describe the purposes for which the land is to be used, which must include at least the description of the project in the second column of Schedule 2A].
3
A plan of the land intended to be taken is attached. [It is not necessary to include this paragraph if all the land is in a surveyed lot.]
Reasons for taking land
4
A summary of the reasons why the [name of Minister or local authority] considers that the land should be taken is as follows: [give a summary of the reasons with reference to matters in section 26(1B)(a) (as modified by section 39AAJ(1)) if the Minister, or section 26(1B)(b) (as modified by section 39AAJ(1)) if the local authority, based on the information available at the time the decision is made to serve this notice, including a statement that the land is required for a critical infrastructure project].
Your right to make submission
5
Your interest in the land has not yet been taken.
6
You have a right to make a submission on the taking of your interest in the land.
7
If you wish to make a submission, you must send a written indication of your intention to do so to [names and addresses of Minister and responsible department or Crown body, or name and address of local authority]. You must do this no later than 10 working days after this notice is served on you.
8
You have 20 working days to then submit your submission to [names of Minister and responsible department or Crown body, or name of local authority]. That 20-day period begins on the day after the last day on which you can send your written indication of your intention to make a submission.
9
You must include in your submission your reasons why the land should not be taken or why a different portion or interest in the land should be taken.
10
The [name of Minister or local authority] will consider your submission but there is no right to a hearing before the [name of Minister or local authority].
11
If, after you make your submission, [name of Minister or local authority] receives any information that you have not already been provided with in relation to the taking of your land, you will be provided with a copy of that information and you will have another 10 working days from the time that you receive the information to provide 1 further submission, should you wish to do so.
12
The [name of Minister or local authority] will then decide whether to recommend/request* the taking of the land. As part of the process of making that decision, the [name of Minister or local authority] will consider your submission, and, if you make one, your further submission.
| *Select one. |
13
The [name of Minister or local authority] may extend the time frame referred to in paragraphs 7, 8, and 11, 1 or more times, to a maximum of 20 working days in each case. If you want [name of Minister or local authority] to consider extending 1 or more of those time frames in relation to your submission or intended submission, you must make a written request to [name and address of Minister or name and address of local authority] and [name of Minister or local authority] must make a decision on your request no later than 3 working days after receiving it.
14
You will be provided with a copy of the decision of [name of Minister or local authority] on whether to recommend/request* the taking of the land.
| *Select one. |
Your right to compensation
15
This notice, and the right to make a submission described above, relate 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 if your interest in the land is taken. If that compensation cannot be agreed between you and the [name of Minister or local authority], it can be determined in separate proceedings before the Land Valuation Tribunal.
16
Your right to compensation described in paragraph 15 includes a right to compensation in recognition of the land being taken for a critical infrastructure project.
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.
Schedule
[Describe in general terms the land required to be taken, including the name of the land district and the postal address or some other readily identifiable description of the place where the land is situated, and state the legal description of the land.]
Legal description of land
Dated at [place, date]
Signature:
for Minister for Land Information or chief executive of local authority
Legislative history
12 May 2025 |
Introduction (Bill 149–1) |
|
15 May 2025 |
First reading and referral to Transport and Infrastructure Committee |
|
7 August 2025 |
Reported from Transport and Infrastructure Committee (Bill 149–2) |
|
14 August 2025 |
Second reading |
|
19 August 2025 |
Committee of the whole House (Bill 149–3) |
|
21 August 2025 |
Third reading |
|
26 August 2025 |
Royal assent |
This Act is administered by Land Information New Zealand.
Versions
Public Works (Critical Infrastructure) Amendment Act 2025
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