Critical infrastructure projects
The Public Works Act allows certain critical infrastructure projects to follow an accelerated process for acquiring land for public works.
Critical infrastructure projects are those that are listed in Schedule 2A of the Act and are based on:
- public works listed in Schedule 2 of the Fast-track Approvals Act that qualify as public works, and
- the Roads of National Significance listed in the Government policy statement on land transport 2024.
Only agencies that can use the PWA to acquire land – the Crown, local authorities and authorised network utility operators – can use the critical infrastructure process.
If negotiations to acquire land for a critical infrastructure project were underway, using the standard PWA process, before the amendments came into force, there are transitional provisions allowing for the accelerated process to be applied.
Opt-out process for agencies
Agencies with critical infrastructure projects can opt-out from using the accelerated process, on a project-by-project basis, and use the standard PWA process, which means any objections can be heard by the Environment Court. If an agency decides to opt-out, landowners will not receive the critical infrastructure incentive and recognition payments as part of their compensation.
An agency can opt-out by contacting the Minister for Land Information who will publicly notify that that project has been opted out of the critical infrastructure process below.
Projects opted out
A list of projects where agencies have opted out will be published here.
Critical infrastructure accelerated process
Critical infrastructure premium payments
Where land is acquired for a critical infrastructure project, landowners will receive the following premium payments:
- an incentive payment of 15 percent of land value where a landowner has reached an agreement to voluntarily sell their land before a Notice of Intention is issued, with a minimum payment of $5,000 and a maximum payment of $150,000; and
- a recognition payment of five percent of land value for all landowners whose land is acquired under the accelerated process, with a maximum payment of $92,000.
Critical infrastructure objection process
If compulsory acquisition of their land is proposed, landowners or others with a legal interest in the land may object directly to the decision-maker, either the Minister for Land Information or local authority. The Minister or local authority must consider those submissions before deciding whether to continue with the compulsory acquisition.
Submitting an objection to the Minister for Land Information:
- Landowners or others with an estate or interest in the land can submit an objection to the Minister of Land Information.
- LINZ must be informed within 10 working days of an intention to make a submission and the submission must be received within 20 working days after that.
- The agency seeking the land will have 10 working days to respond to that submission. The agency’s response will then be given to the original submitter, who will have a further 10 working days to make final comments.
- The Minister will consider the submissions and make a final decision whether the land will be acquired.
- The timeframes above can be extended by the Minister if reasonably necessary, up to a maximum additional 20 working days at each stage.
Each local authority will have its own process for receiving and processing submissions.
Protected Māori land
Protected Māori land, as defined under the PWA, cannot be acquired under the accelerated process for critical infrastructure. However, if protected Māori land is acquired for critical infrastructure projects through the standard PWA process, landowners are still eligible for the critical infrastructure incentive payment and recognition payment.
Standards and guidelines
- LINZ Standard for the acquisition of land for critical infrastructure projects
- LINZ Guideline for acquisitions of land for critical infrastructure projects
- Opt-out process guide for agencies
- Guide for Crown Agencies and Local Authorities
- Guide for LINZ accredited suppliers
- Guide for Landowners
- Guide for owners of protected Māori land
- Guide to submissions
Further information
News
- Ministers’ announcement on the Beehive website - Law passed to speed up critical infrastructure
- Public submissions now open on PWA Critical Infrastructure Bill
- Public Works Act Review complete
Resources
- Public Works Act 1981 No 35 (as at 27 August 2025), Public Act Part 2A Acquisition or taking of land for critical infrastructure projects – New Zealand Legislation
- Public Works Act 1981 No 35 (as at 27 August 2025), Public Act Schedule 2A Critical infrastructure projects – New Zealand Legislation
- Amendments to the Public Works Act 1981 to support critical infrastructure
- Public Works Act Review