Land Owner Rights

Disclaimer

While every effort has been made to ensure the accuracy of this publication it is made available strictly on the basis that Land Information New Zealand is excluded from any liability resulting directly or indirectly from the contents of this publication.

Landowners faced with specific instances where the Crown requires their land for a public work should refer to the full text of the Act or Acts under which the land is to be acquired or taken. Landowners should seek their own legal and other expert advice and should not rely solely on the text of this publication.

About the Landowner's Rights

This booklet has been given to you by a Land Information New Zealand accredited supplier who has been engaged by the Crown to carry out negotiations to acquire land for a public work. The accredited supplier has been accredited by Land Information New Zealand (a government department), to negotiate the purchase of land for the Crown.

The accredited supplier has been instructed to give you this booklet because the Crown requires your land for a public work.

This booklet is intended to inform you of your rights and to help you understand the accredited supplier?s role in the negotiations that will follow.

While every endeavour has been made to ensure that the information contained in this booklet is correct at the time of publication, it is not a substitute for any law or Act or Acts that the Crown may use to acquire land. This booklet merely explains in simple terms, your rights and the Crown?s obligations.

If you have any concerns about your rights, you should immediately consult your solicitor who will be able to advise you in more detail.

Explanation of Terms

The term "land" that is used throughout this booklet is synonymous with the terms "property" and "premises". The term includes buildings and substantial structures that are permanently annexed to the land.

The words "acquire" and "acquisition" refer to land purchased by agreement with the Crown.

The word "take" refers to the compulsory acquisition of land.

The term "Acquiring Authorities" refers to organisations that may use the Public Works Act 1981 to purchase land. These organisations include the Crown, Government departments, Crown entities and local authorities.

A "requiring authority" under the Resource Management Act 1991 is also included in the term "Acquiring Authorities" in this booklet.

1 BACKGROUND

2 PUBLIC WORKS ACT ACQUISITION PROCESS

2.1 Organisations who can use the Public Works Act
2.2 Accredited Supplier's Role
2.3 Entry on Land
2.3.1 Entry for Surveys or Investigations
2.3.2 Entry Agreement for Construction
2.4 Easement
2.5 Land Acquired by Agreement
2.5.1 Negotiation of Agreement
2.5.2 Formal Agreement Required
2.5.3 Compensation Certificate Registered
2.6 Compulsory Acquisition

3 COMPENSATION

3.1 Basic Entitlements to Compensation
3.1.1 Obligation to Minimise Losses
3.2 General Provisions for Compensation
3.2.1 Market Value
3.2.2 Damage
3.2.3 Change in Value After the Specified Date of Acquisition
3.2.4 Special Suitability or Adaptability
3.2.5 Increase in Value Resulting from the Public Work
3.2.6 Increase in Value Because of Improved Access
3.3 Aquisition of Part Only
3.3.1 Injurious Affection
3.3.2 Advance Payment of Compensation
3.4 Compensation When No Land is Taken
3.5 Additional Compensation
3.5.1 Disturbance Payments
3.5.2 Valuation Legal and other Professional Costs
3.5.3 Removal Costs
3.5.4 Allowances for Special Improvements
3.5.5 Loss on Mortgage Repayment
3.5.6 Business Loss
3.5.7 Solatium Payment for Homeowners
3.5.8 Assistance to Purchase

4 GENERAL

4.1 Acquisition of Severed Land
4.2 Procedures Where the Crown Abandons a Proposed Acquisition
4.3 Removal Costs for Residential and Business Tenants
4.4 Purchases Ahead of Actual Requirement
4.5 Resource Management Act Approvals and Your Property

Download the Landowners' Rights 2005 booklet (PDF 167 KB)