Disposal to former owner of land not required for public work

Accelerating hearing of compensation claims

Limited access road not a road for certain purposes

Notification of proposed irrigation scheme

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Public Works Amendment Act 1982

Public Act		1982 No 182
Date of assent		17 December 1982

	Title
1	Short Title and commencement
2	Disposal to former owner of land not required for public work
3	Accelerating hearing of compensation claims
4	Limited access road not a road for certain purposes
5	Notification of proposed irrigation scheme
6	Calculation of basic charge
	Administrative information

An Act to amend the Public Works Act 1981

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Public Works Amendment Act 1982, and shall be read together with and deemed part of the Public Works Act 1981 (hereinafter referred to as the principal Act).

(2)

Except as provided in sections 3(2) and 4(2) of this Act, this Act shall be deemed to have come into force on the 1st day of November 1982.

2 Disposal to former owner of land not required for public work

Section 40 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsections:

“(2)

Except as provided in subsection (4) of this section, the Commissioner of Works 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 Commissioner of Works or local authority considers it reasonable to do so, at any lesser price.

“(2a)

If the Commissioner of Works or local authority and the offeree are unable to agree on a price following an offer made under subsection (2) of this section, the parties may agree that the price be determined by the Land Valuation Tribunal.”

3 Accelerating hearing of compensation claims

(1)

Section 80(4) of the principal Act is hereby amended by inserting, after the words “has not lapsed”, the words “and the Minister or local authority has not indicated that he or it intends to proceed with the acquisition of the claimant’s land”.

(2)

This section shall be deemed to have come into force on the 1st day of February 1982.

4 Limited access road not a road for certain purposes

(1)

Section 158(1) of the principal Act is hereby amended by inserting, after the words “any right involving the”, the words “subdivision or”.

(2)

This section shall come into force on the date on which this Act receives the Governor-General’s assent.

5 Notification of proposed irrigation scheme

Section 202(1)(a)(iii) of the principal Act is hereby amended by adding the words “for the purpose of recovering a proportion of the capital costs of the headworks and of the off-farm distribution works”.

6 Calculation of basic charge

Section 209 of the principal Act is hereby amended by omitting the definition of the symbol C, and substituting the following definition:

“C is the amount estimated by the Minister of the capital costs of the headworks and of the off-farm distribution works; and”.

This Act is administered in the Ministry of Works and Development.

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Public Works Amendment Act 1982