Public Works Amendment Act 1988
Public Works Amendment Act 1988
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Public Works Amendment Act 1988
Public Works Amendment Act 1988
Public Act |
1988 No 43 |
|
Date of assent |
31 March 1988 |
|
Contents
An Act to amend the Public Works Act 1981
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Public Works Amendment Act 1988, and shall be read together with and deemed part of the Public Works Act 1981 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of April 1988.
Preliminary
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by repealing the definitions of the terms “Minister”
and “Ministry”
.
(2)
Section 2 of the principal Act is hereby amended by adding to the definition of the term “territorial authority”
the words “of Local Government”
.
3 Service and content of notices
(1)
Section 4 of the principal Act is hereby amended by repealing subsection (4), and substituting the following subsection:
“(4)
A notice required to be sent to a Minister of the Crown may be sent to the chief executive of the Minister’s department at Wellington or, as the case may require, to the General Manager of Railways at the New Zealand Railways Corporation office at Wellington.”
(2)
Section 4(6)(b) of the principal Act is hereby amended by repealing subparagraph (i), and substituting the following subparagraph:
“(i)
A Minister of the Crown or an authorised officer of the Minister’s department on the Minister’s behalf; or”.
4 New sections inserted
The principal Act is hereby amended by inserting, after section 4, the following sections:
“4a Powers of Minister of Lands
Without limiting the powers conferred on the Minister of Lands by any other Act, the Minister of Lands shall have power to—
“(a)
Acquire any land, building, or structure required for any Government work, to settle the purchase price or compensation therefor, and to administer, develop, improve, transfer, or dispose of any such property:
“(b)
Acquire or hire personal property, including plant, stores, and equipment required for the performance of any of the Minister’s activities or undertakings, and dispose of such property when no longer required or when commercially practicable.
“4b Execution of contracts for public works, etc.
“(1)
Every contract or instrument relating to a Government work, unless otherwise expressly provided in this or any other Act, shall be entered into in the name of the Crown, and may, notwithstanding anything to the contrary in any other Act, be executed on the Crown’s behalf by any Minister of the Crown, or by any person or office holder authorised by a Minister of the Crown in that behalf, either generally or in respect of any specified contract or instrument or of any specified class or classes of contract or instruments.
“(2)
Every contract, deed, or other instrument relating to land acquired or to be acquired by the Crown under this Act, unless otherwise expressly provided in this or any other Act, shall be entered into in the name of the Crown and may, notwithstanding anything to the contrary in any other Act, be executed on the Crown’s behalf by the Minister of Lands, or by any person or office holder authorised by the Minister in that behalf, either generally or in respect of any specified contract, deed, or instrument or of any specified class or classes of contracts, deeds, or instruments.
“(3)
Every contract for the execution of local works shall be made in such manner as the local authority making it is authorised by law to make and execute its contracts.
“(4)
All such contracts may be varied and discharged in the same manner respectively.
“4c Delegation of Minister’s powers
“(1)
Any Minister of the Crown may from time to time, either generally or particularly, delegate in writing to any officer of the Minister’s department any of the powers conferred on the Minister by this Act, except the power of delegation conferred by this section.
“(2)
Notwithstanding the provisions of subsection (1) of this section, the Minister of Lands may not delegate—
“(a)
The power to issue a notice of desire to acquire land under section 18(1) of this Act; or
“(b)
The power to issue a notice of intention to take land under section 23(1) of this Act.
“(3)
Any delegation under this section may be made to—
“(a)
A specified person; or
“(b)
A person of a specified class; or
“(c)
The holder for the time being of a specified office or appointment; or
“(d)
The holders for the time being of offices or appointments of a specified class.
“(4)
Subject to any general or special directions given or conditions or restrictions imposed by the Minister, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
“(5)
Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.
“(6)
A delegation under this section shall not affect the exercise of any power, function, or discretion by the Minister.
“(7)
If the Minister by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Minister’s successor in office.
“(8)
Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.”
5 Abolition of Ministry of Works and Development
(1)
The Ministry of Works and Development is hereby abolished.
(2)
Sections 5 to 15 of the principal Act are hereby repealed.
(3)
Sections 3 to 6 of the Public Works Amendment Act (No. 2) 1987 are hereby consequentially repealed.
Acquisition of Land for Public Works
6 Interpretation
The principal Act is hereby amended by inserting in Part II, before section 16, the following section:
“15a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Lands.”
7 Acquisition by agreement
Section 17 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.”
8 Objection to be heard by Planning Tribunal
Section 24(6) of the principal Act is hereby amended by omitting the words “the Ministry”
, and substituting the words “the Minister’s department”
.
9 Natural material on land may be acquired or taken for public work
(1)
Section 27(2) of the principal Act is hereby amended by omitting the words “Minister or the local authority by his or”
, and substituting the words “Crown or the local authority by”
.
(2)
Section 27(5) of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “a Minister of the Crown”
.
(3)
The said section 27(5) is hereby amended by repealing paragraph (g), and substituting the following paragraph:
“(g)
A statement that the owner or occupier will be entitled to compensation under this Act.”
10 Procedures for defining middle line
(1)
Section 36(3) of the principal Act is hereby amended—
(a)
By omitting the words “on him”
:
(b)
By omitting the word “Minister”
where it first occurs, and substituting the word “Crown”
.
(2)
Section 36(8) of the principal Act is hereby amended—
(a)
By omitting the word “Minister”
, and substituting the word “Crown”
:
(b)
By omitting the word “he”
, and substituting the word “it”
.
Dealing with Land Held for Public Works
11 Interpretation
The principal Act is hereby amended by inserting in Part III, before section 40, the following section:
“39a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Lands.”
12 Disposal to former owner of land not required for public work
Section 40 of the principal Act is hereby amended by omitting the expressions “Commissioner of Works”
and “Commissioner”
wherever they occur, and substituting in each case the words “chief executive of the Department of Lands”
.
13 Disposal of former Maori land when no longer required
Section 41 of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the words “chief executive of the Department of Lands”
.
14 Disposal in other cases of land not required for public work
Section 42 of the principal Act is hereby amended by omitting the word “Commissioner”
wherever it occurs, and substituting in each case the words “chief executive of the Department of Lands”
.
15 Setting apart Crown land, public reserve, etc., for public work
(1)
Section 52(3) of the principal Act is hereby amended by repealing paragraphs (aa) and (ab), and substituting the following paragraph:
“(a)
The Minister of Conservation, if it is a conservation area within the meaning of the Conservation Act 1987 or is managed by the Department of Conservation under section 61 or section 62 of that Act:”.
(2)
So much of the Second Schedule to the Conservation Act 1987 as relates to section 52(3)(a) of the principal Act is hereby consequentially repealed.
Gazetting, Revocation, Amendment, and Registration of Documents
16 Interpretation
The principal Act is hereby amended by inserting in Part IV, before section 53, the following section:
“52a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Lands.”
Compensation
17 Interpretation
(1)
Section 59 of the principal Act is hereby amended by inserting, after the definition of the term “Land Valuation Tribunal”
, the following definition:
“‘Minister’ means the Minister of Lands:”.
(2)
Section 59 of the principal Act is hereby amended by omitting from paragraph (a) of the definition of the term “notified”
the words “the Minister”
, and substituting the words “a Minister of the Crown”
.
18 Basic entitlement to compensation
Section 60(1) of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the words “Crown (acting through the Minister)”
.
19 Compensation for injurious affection where no land taken
Section 63 of the principal Act is hereby amended—
(a)
By omitting from subsection (1) the word “Minister”
, and substituting the words “Crown (acting through the Minister)”
:
(b)
By omitting from subsection (2) the word “Minister”
, and substituting the word “Crown”
.
20 Offer of compensation when entry made
Section 69(1) of the principal Act is hereby amended by omitting the word “Minister”
where it first occurs, and substituting the word “Crown”
.
21 Claimant’s acts making execution of work more costly
Section 71(5)(b), (6), and (7) of the principal Act are hereby amended by omitting the words “District Commissioner of Works”
wherever they occur, and substituting in each case the words “chief executive of the Department of Lands”
.
22 Assistance to purchase dwelling
Section 73 of the principal Act is hereby amended—
(a)
By omitting from subsection (4) the words “District Commissioner of Works”
, and substituting the words “chief executive of the Department of Lands”
:
(b)
By omitting from subsection (5) the words “a District Commissioner of Works”
, and substituting the words “the chief executive of the Department of Lands”
.
23 Assistance to purchase farm, commercial, or industrial property
Section 74 of the principal Act is hereby amended—
(a)
By omitting from subsection (4) the words “District Commissioner of Works”
, and substituting the words “chief executive of the Department of Lands”
:
(b)
By omitting from subsection (5) the words “a District Commissioner of Works”
, and substituting the words “the chief executive of the Department of Lands”
.
24 Serving of claims
Section 83(1) of the principal Act is hereby amended by repealing paragraph (a), and substituting the following paragraph:
“(a)
Where the Minister is the respondent, by being sent by registered letter addressed to the chief executive of the Department of Lands at the chief executive’s office in Wellington or by being delivered at the office of the solicitor to the Department of Lands in the office of the chief executive:”.
25 Funds from which compensation to be paid
Section 102 of the principal Act is hereby amended—
(a)
By omitting from paragraph (a) the word “Minister”
, and substituting the word “Crown”
:
(b)
By omitting the words “neither the Minister nor any”
, and substituting the word “no”
.
Grants of Land, etc., in Lieu of Compensation
26 Provision relating to grants of land in exchange
Section 107 of the principal Act is hereby amended—
(a)
By omitting from subsection (5) the words “District Commissioner of Works”
, and substituting the words “chief executive of the Department of Lands”
:
(b)
By omitting from subsection (6) the words “a District Commissioner of Works”
, and substituting the words “the chief executive of the Department of Lands”
.
27 Execution of certificates
Section 108 of the principal Act is hereby amended by omitting the words “District Commissioner of Works for the district where the land is situated”
, and substituting the words “chief executive of the Department of Lands”
.
Surveys and Investigations
28 Interpretation
The principal Act is hereby amended by inserting in Part VII, before section 110, the following section:
“109a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means any Minister of the Crown.”
29 Powers of entry for other survey and investigation purposes
Section 111(2) of the principal Act is hereby amended by repealing paragraph (d), and substituting the following paragraph:
“(d)
A statement that the owner or occupier may be entitled to compensation under this Act.”
Legalisation, Stopping, and Exchanging of Roads
30 Interpretation
The principal Act is hereby amended by repealing section 113, and substituting the following section:
“113
In this Part of this Act, unless the context otherwise requires,—
‘Minister’ means the Minister of Lands:
‘Road’ includes an access way or service lane.”
31 Declaring land to be road
(1)
Section 114(2) of the principal Act is hereby amended by repealing paragraphs (e) and (f), and substituting the following paragraph:
“(e)
The Minister of Conservation if the land is a public reserve, part of a public reserve, a conservation area within the meaning of the Conservation Act 1987, or is managed by the Department of Conservation under section 61 or section 62 of that Act:”.
(2)
So much of the Second Schedule to the Conservation Act 1987 as relates to section 114 of the principal Act is hereby consequentially repealed.
32 Stopping roads
Section 116(2)(e) of the principal Act is hereby repealed.
Roads
33 Interpretation
Section 121 of the principal Act is hereby amended by adding the following subsection:
“(3)
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Transport.”
34 Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line
Section 123 of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the word “Crown”
.
35 Roads in areas where no territorial authority exists, etc.
Section 125(1) of the principal Act is hereby amended by inserting, after the word “Minister”
where it first occurs, the words “of Local Government”
.
36 Removal of trees, hedges, etc., that obscure visibility or interfere with a public work
Section 133(1) of the principal Act is hereby amended by repealing paragraph (a) of the definition of the term “Authority”
, and substituting the following paragraph:
“(a)
Any Minister of the Crown who is responsible for the work, where the work is a Government work:”.
Access Ways and Service Lanes
37 Minister may construct access ways and service lanes
(1)
Section 136(1) of the principal Act is hereby amended by inserting, after the word “Minister”
, the words “of Transport”
.
(2)
Section 136(3) of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the word “Crown”
.
38 Control and management may be vested in Council
Section 137 of the principal Act is hereby amended by inserting, after the word “Minister”
where it first occurs, the words “of Transport”
.
Motorways
39 Interpretation
The principal Act is hereby amended by inserting in Part XI, before section 138, the following section:
“137a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Transport.”
Limited Access Roads
40 Interpretation
The principal Act is hereby amended by inserting in Part XII, before section 153, the following section:
“152a
In this Part of this Act, unless the context otherwise requires,—
‘Minister’ means the Minister of Transport:
‘Ministry’ means the Ministry of Transport.”
41 Requirements relating to declaration of limited access road
Section 159(c) of the principal Act is hereby amended by inserting, after the words “The National Roads Board shall cause”
, the words “to be forwarded to the District Land Registrar”
.
42 Compensation
Section 163 of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the word “Crown”
.
Railways
43 Interpretation
The principal Act is hereby amended by inserting in Part XIII, before section 164, the following section:
“163a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means the Minister of Transport.”
Railways and Tramways Regulation and Inspection
44 Inspection of railways
Section 175 of the principal Act is hereby amended by inserting, after the word “Minister”
wherever it occurs, the words “of Transport”
.
45 Interpretation
Section 176 of the principal Act is hereby amended by inserting, after the definition of the term “local railway”
, the following definition:
“‘Minister’ means the Minister of Transport:”.
Defence Works
46 Crown may construct defence works
Section 184 of the principal Act is hereby amended by omitting the word “Minister”
, and substituting the word “Crown”
.
Protection of Public Works (Including Aerodromes)
47 Interpretation
The principal Act is hereby amended by inserting in Part XVI, before section 186, the following section:
“185a
In this part of this Act, unless the context otherwise requires, ‘Minister’ means any Minister of the Crown.”
48 Control of use of land in vicinity of public works
Section 187(14) of the principal Act is hereby amended by omitting the words “Minister, if he”
, and substituting the words “Crown, if a Minister”
.
49 Removal of trees, buildings, etc., interfering with use of aerodrome
Section 188(6) of the principal Act is hereby amended by omitting the words “Minister, if he”
, and substituting the words “Crown, if a Minister”
.
Artificial Lakes and Secondary Use of Public Works Land
50 Interpretation
The principal Act is hereby amended by inserting in Part XVII, before section 190, the following section:
“189a
In this Part of this Act, unless the context otherwise requires, ‘Minister’ means any Minister of the Crown.”
51 Secondary use of land held for public work
Section 191(1) of the principal Act is hereby amended—
(a)
By inserting, after the word “Minister”
where it first occurs, the words “having control of any public work”
:
(b)
By omitting the words “a public”
, and substituting the word “that”
.
Government Drains
52 Repealing provisions relating to Government drains
Sections 194 and 195 of the principal Act are hereby repealed.
Irrigation
53 Interpretation
(1)
Section 196 of the principal Act is hereby amended by inserting, after the definition of the term “land”
, the following definition:
“‘Minister’ means the Minister of Agriculture:”.
(2)
Section 196 of the principal Act is hereby amended by repealing the definition of the term “National Authority”
.
54 Minister may supply water to any person from water supply works
Section 199 of the principal Act is hereby amended by omitting the words “and, after considering the advice of the National Authority”
.
55 Repealing provision relating to report of National Authority
Section 201 of the principal Act is hereby repealed.
56 Notification of proposed irrigation scheme
(1)
Section 202(1) of the principal Act is hereby amended by omitting the words “On receipt of a report under section 201 of this Act”
, and substituting the words “Where the investigation under section 200 of this Act has been completed and the Minister is of the opinion that the proposed irrigation scheme is practicable and economic and would result in increased productivity of the land”
.
(2)
Section 202(1)(a) of the principal Act is hereby amended by omitting the words “In terms of the report and any recommendations contained in the report— ”
, and substituting the words “The following matters:”
.
(3)
Section 202(3) of the principal Act is hereby amended by omitting the words “, on the advice of the National Authority,”
.
57 Poll for proposed irrigation scheme
Section 203 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
If the Minister is of the opinion that the acceptability of any proposed irrigation scheme could be fairly ascertained by an inquiry in writing of all the persons who are ratepayers in respect of land in the proposed irrigation district, the Minister may dispense with a poll and arrange to notify by post the said ratepayers of the charges and the description of the proposed scheme as notified under section 202 of this Act.”
58 Constitution of district, etc.
Section 208(2) of the principal Act is hereby amended by omitting the words “Where the National Authority resolves and advises the Minister”
, and substituting the words “Where the Minister is of the opinion”
.
59 Reduction in size and abolition of irrigation district
Section 208a(1) of the principal Act (as inserted by section 10 of the Public Works Amendment Act 1983) is hereby amended by omitting the words “given after consultation with the National Authority”
.
60 Adjustment of basic charge
Section 210(1) of the principal Act (as substituted by section 12 of the Public Works Amendment Act 1983) is hereby amended by omitting the words “, on the advice of the National Authority,”
.
61 Adjustment of water availability charge
Section 212(1) of the principal Act (as substituted by section 14 of the Public Works Amendment Act 1983) is hereby amended by omitting the words “, on the advice of the National Authority,”
.
62 Alternative to basic and water availability charges
(1)
Section 212a(1) of the principal Act (as inserted by section 2(1) of the Public Works Amendment Act 1987) is hereby amended by omitting the words “, after considering the advice of the National Authority,”
.
(2)
Section 212a(5) of the principal Act (as so inserted) is hereby amended by omitting the words “or may set the charges in accordance with advice given by the National Authority”
.
63 Determination of irrigable area
Section 215 of the principal Act is hereby amended by omitting from subsections (1), (4), and (5) the words “National Authority”
and “Authority”
wherever they occur, and substituting in each case the word “Minister”
.
64 Water availability agreements
The principal Act is hereby amended by repealing section 216, and substituting the following section:
“216
“(1)
The Minister may allocate water, to be supplied from the water supply works for any irrigation district, to the occupier of any land in the district, and may determine the conditions under which such water shall be so supplied. Each allocation shall be expressed as a number of unit quantities or unit rates of supply.
“(2)
Each such allocation to an occupier shall be compatible with a scheme approved by the Minister for the development through irrigation of the land of the occupier and, in determining such allocation, the Minister shall take into consideration any request made in writing by the occupier as to the allocation the occupier desires.
“(3)
The Minister, for and on behalf of the Crown, may enter into a water availability agreement with the occupier of any land in the irrigation district. Every such agreement shall be in accordance with any allocations and conditions the Minister has determined under subsections (1) and (10) of this section.
“(4)
Every occupier of land in respect of which a water availability agreement is entered into with the Minister shall, subject to the provisions of subsection (7) of this section and subject to any deferments of charges for the development period as provided for in section 202 of this Act and the recovery of the deferred charges, pay to the Minister an annual water availability charge for each of the seasons in the period specified in the notice under section 202(1)(a)(vi) of this Act.
“(5)
The annual water availability charge referred to in subsection (4) of this section as the liability of an occupier shall be an amount calculated in accordance with the following formula:
a × w
where—
a
is the water availability charge calculated in accordance with section 211 of this Act and adjusted, if required, in accordance with section 212 of this Act; and
w
is the number of unit quantities or unit rates of supply allocated to that occupier in accordance with subsection (1) of this section.
“(6)
Every annual water availability charge referred to in subsection (4) of this section as the liability of an occupier shall, unless that occupier is exempt from payment of it under subsection (7) of this section, become payable to the Minister at the end of the irrigation season to which it relates, and shall be recoverable as a debt due to the Crown.
“(7)
For an irrigation season in which the amount payable under a water availability agreement is equal to or less than the annual basic charge, the occupier shall be exempt from payment of the annual water availability charge.
“(8)
The holder of a water availability agreement may at any time apply to the Minister for a variation in the number of unit quantities or unit rates of supply allocated to the holder, or for the cancellation of the holder’s allocation.
“(9)
On receiving such an application, the Minister may grant the application in whole or in part by varying or cancelling the applicant’s allocation, as the case may be, if—
“(a)
The Minister is satisfied that to do so is likely to result in more beneficial use of the available water; and
“(b)
In the case of an application for a reduction or cancellation, the Minister is satisfied that as a result of—
“(i)
The increase of 1 or more other allocations with the consent of the recipients; or
“(ii)
The granting of 1 or more new allocations with the consent of the recipients; or
“(iii)
The availability of surplus water for supply in accordance with section 217(3) of this Act—
to do so will not adversely affect the revenue of the irrigation district.
“(10)
If the Minister so varies or cancels an allocation the Minister shall accordingly vary or cancel the water availability agreement of the applicant, and vary or make new water availability agreements in accordance with the increased or new allocations.”
65 Supply of water
(1)
Section 217(1) of the principal Act is hereby amended by omitting the words “, on the advice of the National Authority,”
.
(2)
Section 217(2) of the principal Act is hereby amended by omitting the words “after considering any recommendations made to him by the National Authority as to terms and conditions appropriate to the circumstances”
.
(3)
Section 217 of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
If, at any time after the commencement of availability of supply, the Minister is of the opinion that the supply of water from the water supply works is likely to be in excess of the amount to be supplied in accordance with water availability agreements, the Minister may supply the surplus water to any person on conditions not more favourable than those applicable to water availability agreements.”
66 Diminished supply
(1)
Section 218 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Notwithstanding anything in this Part of this Act, if, during any season, water from the water supply works fails or becomes diminished, or the Minister is required by powers exercised under the Water and Soil Conservation Act 1967 to cease or reduce the supply of water, so that it is impracticable to supply to any occupier the number of unit quantities or unit rates of supply agreed to be allocated or supplied to the occupier under this Part of this Act, no person shall, by reason of such failure or diminished supply or requirement, have any claim to compensation or any right of action or other remedy against the Crown or the Minister.”
(2)
Section 218(2) of the principal Act is hereby amended by omitting the words “, after considering any advice on the matter given to him by the National Authority”
.
67 Penalty for late payment
Section 219(2) of the principal Act is hereby amended by omitting the words “and if so advised by the National Authority”
.
68 Charge on land
Section 221(1) of the principal Act is hereby amended by inserting, after the words “whether or not such land is”
, the word “in”
.
69 Application of this Part to existing schemes
Section 222 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
If the Minister has, at any time within 5 years before the commencement of this Act, supplied water for irrigation of land under any former enactment relating to irrigation schemes, and it appears to the Minister that—
“(a)
It is in the national interest; and
“(b)
There is sufficient support for the proposal from the occupiers of the land affected—
the Minister may decide that, in substitution for any existing provisions or arrangements applying thereto and subject to such modifications as are appropriate, including provisions for dealing with any existing assets and liabilities and their transfer to a district to be constituted under this Part of this Act, the provisions of this Part of this Act may be applied to that land or part of that land, and any additional land, as for a new scheme commencing with notification pursuant to section 202 of this Act.”
National and Local Works
70 Government and local authority may combine in works of both national and local importance
(1)
Section 224 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Notwithstanding anything to the contrary in any Act or rule of law, where, in the opinion of the Minister of Finance and any other Minister of the Crown, any undertaking, whether a public work within the meaning of this Act or not, is of both national and local importance, that Minister of the Crown and any local authority or local authorities may enter into and carry out such agreement for the acquisition, execution, control, and management of the undertaking as may to them seem most suited to the circumstances.”
(2)
Section 224(2)(a) of the principal Act is hereby amended by omitting the expression “the Minister”
, and substituting the expression “a Minister”
.
(3)
Section 224(2) of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
For the acquisition by the Minister of Lands on behalf of the Crown or by any local authority which is a party to the agreement of any land required for the undertaking:”.
(4)
Section 224(2)(i) of the principal Act is hereby amended by omitting the words “of Works and Development”
.
(5)
Section 224 of the principal Act is hereby amended by repealing subsection (18), and substituting the following subsection:
“(18)
The Housing Corporation of New Zealand or the National Roads Board may be a party to an agreement with any local authority under this section in relation to any undertaking which, in the opinion of the Minister of Finance and any other Minister, is of both national and local importance in the same manner and to the same effect as if the Corporation or the Board were a Minister of the Crown.”
General Provisions
71 Inventions, etc., by employees
(1)
Section 225a of the principal Act (as inserted by section 13 of the Public Works Amendment Act (No. 2) 1987) is hereby repealed.
(2)
Section 13 of the Public Works Amendment Act (No. 2) 1987 is hereby consequentially repealed.
72 Shares in building-unit companies
Section 226 of the principal Act is hereby amended by inserting, after the word “Minister”
in both places where it occurs, the words “of Lands”
.
73 Improvement of farm land
(1)
Section 229(1) of the principal Act is hereby amended by inserting, after the word “Minister”
, the words “of Agriculture”
.
(2)
Section 229(2) of the principal Act is hereby amended by inserting, after the word “Minister”
, the words “of Agriculture”
.
(3)
Section 229(3) of the principal Act is hereby amended by omitting the words “District Commissioner of Works”
, and substituting the words “chief executive of the Ministry of Agriculture and Fisheries”
.
(4)
Section 229(4) of the principal Act is hereby amended by omitting the words “a District Commissioner of Works”
, and substituting the words “the chief executive of the Ministry of Agriculture and Fisheries”
.
74 Minister of Crown may appoint person to sell stores, etc., by auction
Section 230 of the principal Act is hereby amended—
(a)
By omitting the words “The Minister”
, and substituting the words “Any Minister of the Crown”
:
(b)
By omitting the words “land or”
.
75 Money due by local authority may be deducted from money payable by Government
Section 231 of the principal Act is hereby amended by omitting the words “the Minister”
where they secondly occur, and substituting the words “any Minister of the Crown”
.
76 Ministers may execute instruments
Section 232 of the principal Act is hereby repealed.
77 Notice of entry to be given
Section 233 of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “a Minister of the Crown”
.
78 Emergency entry on land
(1)
Section 234(1) of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “any Minister of the Crown”
.
(2)
Section 234(3) of the principal Act is hereby amended—
(a)
By omitting the words “the Minister”
where they first occur, and substituting the words “any Minister of the Crown”
:
(b)
By omitting the words “the Minister”
where they secondly occur, and substituting the words “that Minister”
.
(3)
Section 234(4) of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “any Minister of the Crown”
.
79 Imposition of building and other restrictions on land held for Government work
Section 236(1) of the principal Act is hereby amended by omitting the words “, with the consent of the Minister having control of any land held for a Government work, or with the consent of”
, and substituting the words “having control of any land held for a Government work or”
.
80 Excavations near public works
Section 237(1) of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “a Minister of the Crown”
.
81 Removal and disposal of abandoned property from public works land
Section 239(1) of the principal Act is hereby amended by omitting the words “the Minister”
, and substituting the words “a Minister of the Crown”
.
82 Recovery of land from persons holding illegal possession
Section 240(1) of the principal Act is hereby amended by omitting the words “or the Minister of Works and Development”
.
83 Regulations
Section 243(1)(e) of the principal Act (as substituted by section 14 of the Public Works Amendment Act (No. 2) 1987) is hereby amended by repealing subparagraphs (ii) and (iii), and substituting the following subparagraph:
“(ii)
Any other regulatory activity that any department of State is authorised to undertake under this Act:”.
84 Amending Schedules
(1)
The First Schedule to the principal Act is hereby amended by omitting the words “Minister of Works and Development”
, and substituting the words “Minister of Lands”
.
(2)
The Third Schedule to the principal Act is hereby amended—
(a)
By omitting from form A the words “Minister of Works and Development”
, and substituting the words “Minister of Lands”
:
(b)
By omitting from form B the words “Minister of Works and Development”
, and substituting the words “Minister of Lands”
.
(3)
The Fourth Schedule to the principal Act is hereby amended by omitting the words “the Minister of Works and Development”
, and substituting the words “Minister of Lands”
.
(4)
The Fifth Schedule to the principal Act is hereby amended—
(a)
By omitting the words “Minister of Works and Development”
, and substituting the words “Minister of Lands”
:
(b)
By omitting the words “Commissioner of Works or Assistant Commissioner of Works”
, and substituting the words “chief executive of the Department of Lands”
.
(5)
The Seventh Schedule to the principal Act is hereby repealed.
(6)
The following enactments are hereby consequentially repealed:
(a)
Section 17(2) of the Auckland Harbour Bridge Authority Dissolution Act 1983:
(b)
Section 2(1)(e) of the National Development Act Repeal Act 1986.
This Act is administered in the Department of Lands.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Public Works Amendment Act 1988
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