State-Owned Enterprises Act 1986

Schedule 2A Modifications of provisions of Public Works Act 1981 applicable to acquisition of land pursuant to recommendation of Waitangi Tribunal

s 27C

Schedule 2A: inserted (with effect on 9 December 1987), on 30 June 1988, by section 11 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).

1

For the purposes of section 27C, the following provisions of Part 2 of the Public Works Act 1981 and of Schedule 3 of that Act shall not apply, namely:

(a)

section 23(1)(b)(iv):

(b)

section 23(3):

(c)

sections 24 and 25:

(d)

form B in Schedule 3.

2

For the purposes of section 27C, 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 resumed under section 27C of the State-Owned Enterprises Act 1986 pursuant to a recommendation of the Waitangi Tribunal; and

3

For the purposes of section 27C, 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 27C, 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:

“Note of intention to take land in [insert name of city or district] for the purpose of giving effect to a recommendation of the Waitangi Tribunal
To [full name] of [address]
1Take 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.
2The land is to be resumed under section 27C of the State-Owned Enterprises Act 1986 pursuant to a recommendation of the Waitangi Tribunal. That Tribunal recommended on [date] that the land be returned to Maori ownership.
3A copy of the recommendation of the Waitangi Tribunal is attached.
4A plan of the land intended to be taken is attached.
[May be deleted if all the land is in a surveyed lot.]
Obligation to acquire land
5Under section 27C of the State-Owned Enterprises Act 1986, the Minister of Lands is obliged to acquire your interest in the land.
6Your 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
7This 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]
[Signature]
for Minister of Lands”
6

For the purposes of section 27C, form A of 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 returned to Maori ownership pursuant to a recommendation of the Waitangi Tribunal”:

(b)

for the words “said work”, there were substituted the words “taking of the land mentioned in table A below”:

(c)

for the words “said land and the construction of the said public work”, there were substituted the words “land mentioned in table A below”.

Schedule 2A: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).