Public Works Amendment Act (No. 2) 1987
Public Works Amendment Act (No. 2) 1987
Public Works Amendment Act (No. 2) 1987
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Public Works Amendment Act (No. 2) 1987
Public Act |
1987 No 67 |
|
Date of assent |
31 March 1987 |
|
Contents
An Act to amend the Public Works Act 1981
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Public Works Amendment Act (No. 2) 1987, and shall be read together with and deemed part of the Public Works Act 1981 (in this Act referred to as the principal Act).
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by repealing the definition of the term “essential work”
.
(2)
Section 2 of the principal Act is hereby amended by repealing the definition of the term “Government work”
, and substituting the following definition:
“‘Government work’ means a work or an intended work that is to be constructed, undertaken, established, managed, operated, or maintained by or under the control of the Crown or any Minister of the Crown for any public purpose:”.
(3)
Section 2 of the principal Act is hereby further amended by inserting, after the definition of the term “Government work”
, the following definition:
“‘Intellectual property’ includes all property rights constituted by the Patents Act 1953, the Designs Act 1953, the Trade Marks Act 1953, and the Plant Varieties Act 1973, and includes any trade secret; but does not include any property rights constituted by the Copyright Act 1962:”.
(4)
Section 2 of the principal Act is hereby further amended by omitting from the definition of the term “local authority”
, the words “Education Board”
, and substituting the words “Education Authority within the meaning of the Education Act 1964, Council of any University within the meaning of the Universities Act 1961”
.
(5)
Section 2 of the principal Act is hereby further amended by repealing the definition of the term “public work”
and “work”
, and substituting the following definition:
“‘Public work’ and ‘work’ mean—
“(a)
Every Government work or local work that the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain, and every use of land for any Government work or local work which the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain by or under this or any other Act; and include anything required directly or indirectly for any such Government work or local work or use:
“(b)
Every Government work or local work constructed, undertaken, established, managed, operated, or maintained by any Education Authority within the meaning of the Education Act 1964 and every use of land for any Government work or local work which such Education Authority constructs, undertakes, establishes, manages, operates, or maintains, and include anything required directly or indirectly for any such Government work or local work or use:
“(c)
Any Government work or local work that is, or is required, for any university within the meaning of the Universities Act 1961:”.
(6)
Section 2 of the principal Act is hereby further amended by repealing paragraph (b) of the definition of the term “railway”
, and substituting the following paragraph:
“(b)
All buildings, erections, wharves, jetties, works, rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description or kind capable of being used in respect of a railway, and situated or to be situated on any such land or held or used, or reputed to be held or used in connection with or for the purposes of a railway; and”.
(7)
The principal Act is hereby consequentially amended in the manner indicated in the First Schedule to this Act.
(8)
The Town and Country Planning Act 1977 is hereby consequentially amended in the manner indicated in the Second Schedule to this Act.
(9)
The Petroleum Act 1937 is hereby consequentially amended by omitting from sections 35(1) and 78(1) the words “which is an essential work.”
3 New sections substituted relating to Ministry
The principal Act is hereby amended by repealing sections 5, 6, and 7, and substituting the following sections:
“5 Ministry of Works and Development
“(1)
There shall continue to be a Department of State to be known as the Ministry of Works and Development, which shall be the same department as the Ministry of Works and Development established under section 2a of the Public Works Act 1928.
“(2)
The Ministry shall continue to be under the control of the Minister of Works and Development.
“(3)
The Minister may from time to time, for the purposes of the carrying out of the functions, powers, and duties of the Ministry, give such directions as he thinks fit to the Commissioner of Works.
“6 Functions of Ministry
“(1)
The Ministry shall have and undertake the following functions:
“(a)
To provide and carry out advisory policy, and regulatory activities, undertakings, and services:
“(b)
To operate a successful business enterprise:
“(c)
To undertake the performance of all such other functions as are necessary for the due and proper administration of this Act, and the enactments specified in the Seventh Schedule to this Act.
“(2)
Without limiting the generality of subsection (1) of this section the Ministry shall have the following functions:
“(a)
To investigate, design, establish, construct, manage, operate, and maintain any activity or undertaking in relation to any public work or any matter which is ancillary to any public work:
“(b)
To prepare reports, tender advice or recommendations, and provide consultancy services in relation to any public work or any matter which is ancillary to any public work:
“(c)
To prepare reports and tender advice or recommendations to, and provide consultancy services for, the Minister or other Government agencies or any other person in terms of the functions of the Ministry:
“(d)
To enter any activity or undertaking related to the efficient and orderly development and use of natural resources, including a consideration of conservation requirements, cost effectiveness, and such other matters as may be relevant:
“(e)
To promote the purposes of the Town and Country Planning Act 1977 and to provide technical, advisory, research, and administrative services as required in relation thereto:
“(f)
To provide technical, advisory, research, and administrative services to the National Water and Soil Conservation Authority, the National Roads Board, and any committees appointed by the Minister under section 11 of this Act:
“(g)
To assemble, consider, report on, and disseminate information on the activities of the building and construction industry:
“(h)
To promote and conduct research and development relevant or ancillary to the functions of the Ministry or to acquire intellectual property and copyright and to formulate, implement, and review policies and procedures in relation to such activities and generally to deal in intellectual property and copyright to the best advantage of the Ministry.
“(3)
In addition to the functions specified in subsections (1) and (2) of this section the Ministry shall have the function of performing, entering into, or providing, whether in New Zealand or elsewhere,—
“(a)
“For any person, organisation, or government; and
“(b)
For valuable consideration—
any activity, undertaking, or service (whether or not in relation to a public work) that is similar in nature to any activity, undertaking, or service that the Ministry may perform, enter into, or provide in carrying out any of the functions specified in the said subsections (1) and (2).
“7 Powers of Minister
“(1)
The Minister shall have all such ancillary powers as are necessary, conducive, or incidental to the performance of any of the functions specified in section 6 of this Act.
“(2)
Without limiting the generality of subsection (1) of this section the Minister shall, for the purpose of exercising any of the functions specified in section 6 of this Act, and whether or not in respect of any public work, have power—
“(a)
To carry out inspections appropriate to the functions of the Ministry and ensure compliance with any legal requirements or standards appropriate to any such inspection:
“(b)
To investigate, co-ordinate, and provide assistance to any local authority or person for district, regional, or maritime planning and to take such action as may be necessary to achieve or promote the objectives of the Town and Country Planning Act 1977:
“(c)
To assemble information relating to the activities of the building and construction industry as a whole and to consider and report on the demands being made on the industry and the relation of such demands to available and potential resources:
“(d)
To direct any activity or undertaking, whether a public work or not, in relation to the orderly and efficient use or development of natural resources:
“(e)
To lodge tenders and enter into any contracts or arrangements with any person on such terms and conditions as may be agreed upon to facilitate the functions of the Ministry:
“(f)
To carry out any activity or undertaking jointly with any other person, body corporate, firm, partnership, or joint venture:
“(g)
To acquire any land, buildings, or structures required to carry out any of the functions specified in section 6 of this Act and to administer, develop, improve, transfer, or dispose of such property:
“(h)
To acquire or hire personal property, including plant, stores, and equipment necessary to the performance of any activity or undertaking, and dispose of such property when no longer required or when commercially practicable:
“(i)
With the concurrence of the Minister of Finance, to subscribe for, purchase, or otherwise acquire, and sell or otherwise dispose of, shares, stocks, or interests, and otherwise participate in, any body corporate, firm, partnership, or joint venture having power to engage in any activity or undertaking which is the same as or similar to or ancillary to the functions specified in section 6 of this Act:
“(j)
To exercise all of the rights and powers of the Crown as the holder of any snares, stocks, and interests in any undertaking specified in paragraph (i) of this subsection:
“(k)
To acquire, dispose of, make application for registered protection in respect of, or otherwise deal in, intellectual property and copyright (whether Crown copyright or not) and whether arising from research and development within the Ministry or otherwise howsoever.”
4 Execution of contracts, etc.
Section 9(1) of the principal Act is hereby amended by omitting the words “for the execution of Government works or in any way connected with Government works”
, and substituting the words “relating to any of the functions specified in section 6 of this Act”
.
5 Annual report
“(1)
Section 10 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
The report shall be divided into 2 parts, one part of which shall relate to the policy and regulatory activities referred to in section 6(1)(a) and (c) of this Act, and the other part shall relate to the business enterprise referred to in section 6(1)(b) of this Act.”
(2)
Section 10 of the principal Act is hereby further amended by repealing subsection (3).
6 Delegation of Minister’s powers
Section 14(1) of the principal Act is hereby amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:
“(a)
The power to issue a notice of desire to acquire land under section 18(1) of this Act:
“(b)
The power to issue a notice of intention to take land under section 23(1) of this Act.”
7 Notice of intention to take land
Section 23(1)(b)(iii) of the principal Act is hereby amended by omitting the word “essential”
, and substituting the words “reasonably necessary”
.
8 Objection to be heard by Planning Tribunal
(1)
Section 24 of the principal Act is hereby amended by repealing subsections (7) and (8), and substituting the following subsection:
“(7)
The Planning Tribunal 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 Tribunal:
“(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 Tribunal’s findings:
“(f)
Submit its report and findings to the Minister or local authority, as the case may require.”
(2)
The said section 24 is hereby further amended by repealing subsections (9), (10), (11), and (12), and substituting the following subsections:
“(9)
At the same time as the Planning Tribunal 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 Planning Tribunal shall be binding on the Minister or, as the case may be, the local authority.
“(11)
Any objection filed under section 23 of this Act may be withdrawn by the objector at any time before the Tribunal makes its report and findings under this section.
“(12)
Where the objection is withdrawn by the objector pursuant to subsection (11) of this section, the Tribunal shall not be obliged to make a report and findings under this section.”
9 When Proclamation may issue
Section 26 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(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 Planning Tribunal, 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 of this Act, 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 of this Act—
“(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 of this Act apply:
“(ii)
Every such request shall be signed by the principal administrative officer of the local authority, and need not be under seal:
“(iii)
A statutory declaration by the Chairman or Mayor or the principal administrative officer of the local authority, in the form set out in the Second Schedule to this Act, 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 Planning Tribunal.”
10 Disposal in other cases of land not required for public work
(1)
Section 42(1)(d) of the principal Act is hereby amended by inserting, after the word “tender”
, the words “private treaty,”
,
(2)
Section 42(1)(d) of the principal Act is hereby further amended by adding the following lines:
“Provided that where a local authority proposes to sell land by private treaty the provisions of section 230 of the Local Government Act 1974 shall be complied with.”
11 Accelerating hearing of compensation claims
(1)
The principal Act is hereby amended by repealing section 80 (as amended by section 3(1) of the Public Works Amendment Act 1982), and substituting the following section:
“80
“(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) of this Act 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 of this Act.
“(2)
In any case to which subsection (1)(a) of this section 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) of this section 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 of this Act as an agreement by the claimant under section 17 of this Act to the claimant’s estate or interest in that land being taken subject to subsection (7) of this section and subject to the compensation to be paid being left to be determined under this Part of this Act.
“(4)
If at the expiration of a period of 3 months from the date on which the notice pursuant to subsection (2) of this section 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) of this Act 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) of this section 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) of this section and subject to the compensation to be paid being left to be determined under this Part of this Act; or
“(d)
A withdrawal of the notice given in respect of the claimant’s land under section 18(1)(a) of this Act.
“(5)
In any case to which subsection (1)(b) of this section 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 of this Act, as an agreement by the claimant to the claimant’s estate or interest in that land being taken subject to subsection (7) of this section and subject to the compensation to be paid being left to be determined under this Part of this Act.
“(6)
Any requirement or claim made under this section
“(a)
Operate to automatically withdraw any objection made by the claimant under section 23 of this Act 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 the Third and Fourth Schedules to this Act may be varied to such extent as may be necessary to express the circumstances of the claim.”
(2)
The Public Works Amendment Act 1982 is hereby consequentially amended by repealing section 8.
12 Power to make railways, railway stations, etc.
Section 166 of the principal Act is hereby amended by inserting, after paragraph (i), the following paragraph:
“(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:”.
13 Inventions, etc., by employees
The principal Act is hereby amended by inserting, after section 225, the following section:
“225a
Notwithstanding anything in any other enactment, any intellectual property devised or developed by an officer or employee of the Ministry shall belong to the Crown (which, for this purpose, shall be deemed to be the assignee of the officer or employee in respect of that intellectual property) if—
“(a)
It was devised or developed in the course of the duties of the officer or employee; or
“(b)
It was devised or developed wholly or principally by or through the use of resources provided by the Crown—
but any other intellectual property devised or developed by an officer or employee shall, as between that person and the Ministry, belong to the officer or employee.”
14 Regulations
Section 243(1) of the principal Act is hereby amended by repealing paragraph (e), and substituting the following paragraph:
“(e)
Prescribing the fees payable by any Government department, local authority, or any other body corporate or person in respect of—
“(i)
Preparing, checking, processing and, where applicable, gazetting any document:
“(ii)
Any inspection carried out pursuant to section 7(2)(a) of this Act:
“(iii)
Any other regulatory activity that the Ministry may be required to undertake from time to time:”.
15 Amendment to Public Finance Act 1977
The Public Finance Act 1977 is hereby amended by adding to the Fifth Schedule (as substituted by section 10 of the Public Finance Amendment Act 1986) the following item:
| Name of operating Department | Name of Revolving fund | Activity to which Fund relates |
| Ministry of Works and Development | Works and Development Fund | Functions of the Ministry of Works and Development |
16 Revocations
The following regulations are hereby revoked:
(a)
The Economic Stabilisation (Building Registration and Construction) Regulations 1974:
(b)
The Economic Stabilisation (Building Registration and Construction) Regulations 1974, Amendment No. 1:
(c)
The Economic Stabilisation (Building Registration and Construction) Regulations 1974, Amendment No. 2.
SCHEDULES
Schedule FIRST Amendments to Principal Act
Section 2(7)
| Section Amended | Amendment |
|---|---|
| Section 3 | By repealing this section. |
| Section 17 | By repealing subsection (3). |
| By repealing paragraph (b) of subsection (7). | |
| Section 18 | By omitting from subsection (1) the word “essential”, and substituting the word “public”. |
| Section 22 | By repealing this section. |
| Section 23(1) | By omitting the word “essential”, and substituting the word “public”. |
| Section 26 | By omitting from subsections (1), (2), and (3) the word “essential”, and substituting in each case the word “public”. |
| Section 27(2) | By omitting the words “that is an essential work”. |
| Section 34(1) | By omitting the words “an essential”and substituting the words “a public”. |
| Section 40 | By omitting from paragraph (b) of subsection (1) the word “essential”, and substituting the words “other public”. |
By repealing subsection (3), and substituting the following subsection: “(3) Subsection (2) of this section shall not apply to land acquired after the 31st day of 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.” | |
| Section 52(1) | By omitting the words “section 40 of this Act and”. |
| Section 59 | By omitting from paragraph (b) of the term “notified”the words “an essential”, and substituting the words “a public”. |
| Section 60(1) | By omitting from paragraph (a) and from paragraph (b) the word “essential”, and substituting in each case the word “public”. |
| Section 64 | By omitting the word “essential”in both places it occurs, and substituting in each case the word “public”. |
| Section 65(1) | By omitting the words “an essential”, and substituting the words “a public”. |
| Section 66(1) | By omitting the words “an essential”, and substituting the words “a public”. |
| Section 67(1) | By omitting the words “an essential”, and substituting the words “a public”. |
| Section 68(1) | By omitting the words “an essential”, and substituting the words “a public”. |
| Section 71(2) | By omitting the words “an essential”, and substituting the words “a public”. |
| Section 72(1) | By omitting the word “essential”, and substituting the word “public”. |
| Section 73(1) | By omitting the word “essential”, and substituting the word “public”. |
| Section 74(1) | By omitting the word “essential”, and substituting the word “public”. |
| Section 76(1)(c) | By omitting the words “an essential”and substituting the words “a public”. |
| Section 105(1) | By omitting the word “essential”, and substituting the word “public”. |
| Section 107a (as inserted by section 5 of the Public Works Amendment Act 1983) | By omitting from subsection (1)(a) the words “an essential”, and substituting the words “a public”. |
| Part XVI | By omitting from the heading the word “ESSENTIAL”, and substituting the word “PUBLIC”. |
| Section 187 | By omitting from subsection (1), in each place where it occurs, and from subsection (3) the word “essential”, and substituting in each case the word “public”. |
| Section 249 | By omitting the words “as if the claim related to an essential work, or the taking or acquisition of land for an essential work, as the case may require”. |
| First Schedule | By omitting from the heading and from clause 2 the words “essential”, and substituting in each case the word “public”. |
| Second Schedule | By omitting from clause 1 the word “essential”, and substituting the word “public”. |
Schedule SECOND Amendments to Town and Country Planning Act 1977
Section 2(8)
| Section Amended | Amendment |
|---|---|
| Section 2 | By repealing the definition of the term “essential work”in subsection (1). |
By repealing paragraph (a) of subsection (4), and substituting the following paragraph: “(a)From whom any land was taken or acquired under the Public Works Act 1981 or any former Public Works Act; and”. | |
| Section 36 | By omitting from subsection (8)(a) the words “which is an essential work and”. |
| By repealing paragraphs (b) and (c) of subsection (8). | |
By omitting from subsection (8)(d) the words “which is an essential work and”. | |
| Section 43 | By omitting from subsection (1)(a) the words “which is an essential work and”. |
| By repealing paragraphs (b) and (c) of subsection (1). | |
By omitting from subsection (1)(d) the words “which is an essential work and”. | |
| Section 118 | By omitting from subsection (1)(a) the words “which is an essential work and”. |
| By repealing paragraphs (b) and (c) of subsection (1). | |
By omitting from subsection (1)(d) the words “which is an essential work and”. |
This Act is administered in the Ministry of Works and Development.
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Versions
Public Works Amendment Act (No. 2) 1987
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