This page contains a preface for the section on landowner's 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 this booklet

This booklet has been given to you by a Land Information New Zealand (LINZ) accredited supplier who is a private service provider engaged by the Crown to carry out negotiations to acquire land for a public work. The accredited supplier has been accredited by LINZ (a government department), to negotiate the purchase of land or an interest in land (such as an easement) 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 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.

You are entitled to repayment of any reasonable legal costs you incur.

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. It also includes a lesser interest in land such as an easement.

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

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. A "requiring authority" is further explained on page four.

“Negotiation start date” means the earlier of the date on which the requiring authority having financial responsibility for the public work notifies you in writing that it intends to acquire your land under section 17 of the Public Works Act or serves notice on you regarding the land under section 18 of the Public Works Act.

 

 

Last Updated: 15 May 2017