This page provides brief explanations of each term, and guidance as to which stage of the disposal process the property has reached.
This provision relates to section 40(4) of the Public Works Act 1981, and provides for land where, due to its size, shape or situation, could not be expected to be sold to any person who did not own land adjacent to the land to be sold. The land may be sold to an owner of adjacent land at a price negotiated between the parties.
Awaiting Unconditional Date
An agreement for sale and purchase has been entered into and settlement will occur in the near future (Stage 4 – Open Market Sale).
The property is being transferred to the Office of Treaty Settlements (OTS) for use in a future settlement. This process is known as “landbanking” (Stage 3 – Treaty Settlement).
The Māori Protection Mechanism process involves identifying surplus Crown-owned land for inclusion in Treaty settlements.
LINZ has made, or is about to make, an offer of the property to its previous owner, or their successors, under Section 40 of the Public Works Act (Stage 2 – Offer back and Gifted Lands).
Open Market Sale
The property is now available for purchase by anyone on the open market (Stage 4 – Open Market Sale).
LINZ is obtaining the appropriate ministerial approvals and advice from DOC, Heritage New Zealand and NZ Housing Corporation (Stage 1 – Land No Longer Required).
Other Public Work
LINZ is assessing whether other agencies such as government departments or local authorities need the property. This only applies to properties held under the Public Works Act (Stage 1 – Land No Longer Required).
Te Arawhiti Clearance
Te Arawhiti - the Office for Māori Crown Relations is considering whether the property should be purchased for a future settlement. This step is only applied when the property is not subject to an existing Treaty settlement (Stage 3 – Treaty Settlement).
The Commissioner of Crown Lands is considering whether to offer the property for “preferential allotment” to a particular purchaser instead of sale by public tender or auction. This applies only to properties held under the Land Act 1948 (Stage 4 – Open Market Sale).
Return of Gifted Land
The property was gifted to the Crown for a particular purpose and LINZ is currently applying the government’s gifted lands policies (Stage 2 – Offer back and Gifted Lands).
Right of First Refusal
LINZ has offered, or is about to offer, the property to iwi under a Treaty settlement (Stage 3 – Treaty Settlement).
Sale to Crown Agency
The property is being transferred to another Crown agency (Stage 1 – Land No Longer Required).
Sale to Local Authority
The property is being transferred to a local authority (Stage 1 – Land No Longer Required).
Section 40 Investigation
LINZ is assessing whether it needs to offer the property for sale to the person from whom it was acquired, or to their testamentary successor (Stage 2 – Offer back and Gifted Lands).