Public Works Act Compensation NZ
What Are You Entitled To?
If your land or business is being acquired under the Public Works Act 1981, you are legally entitled to full and fair compensation.
Many landowners are not aware of the full extent of their Public Works Act NZ compensation and land acquisition rights in New Zealand. Initial offers made by acquiring authorities often understate what landowners are entitled to receive under the law.
At Landowner Rights Advocacy, we specialise exclusively in Public Works Act compensation in New Zealand, acting for landowners and businesses to ensure they receive every dollar they are entitled to.
Under the Public Works Act, You May Be Entitled to Compensation For
• Market value of land
• Severance and injurious affection
• Business loss and loss of goodwill
• Relocation and disturbance costs
• Legal and professional fees
How Public Works Act Compensation Works
When land is acquired for public infrastructure such as roads, rail, water, schools or utilities, the acquiring authority must compensate you for the full financial impact of the acquisition.
The purpose of compensation is to put you, as far as money can, in the same position you would have been in if your land had not been taken.
This includes much more than the value of the land itself.
Partial Land Acquisition - High Risk, High Impact
Partial land acquisitions are among the most complex and high-risk Public Works Act compensation claims.
We regularly act for:
• Farms and rural operations
• Lifestyle blocks
• Commercial property owners
• Industrial sites
• Developers
Common impacts include:
• Reduced land utility
• Biosecurity separation issues
• Future development constraints
• Ongoing operational and management costs
Public Works Act Acquisition Process
The Public Works Act gives government and council authorities the power to acquire private land for public infrastructure.
The process typically includes:
- Project announcement or designation
- Initial contact from the acquiring authority
- Valuation and offer
- Negotiation phase
- Notice of Intention to Take Land
- Compulsory acquisition (if agreement is not reached)
Early advice can significantly improve your outcome.
Can You Object to a Public Works Act Acquisition?
Yes. Landowners have the legal right to object after receiving a Notice of Intention to Take Land.
Objections may relate to:
• Whether the land is genuinely required
• Whether alternative land could be used
• Whether impacts have been properly considered
Negotiating Public Works Act Compensation
Public Works Act acquisitions are commercial negotiations.
Initial offers often:
• Undervalue land
• Exclude severance and business loss
• Understate disturbance costs
You are not required to accept the first offer.
Who Pays Your Legal and Professional Fees?
In most cases, landowners are entitled to have reasonable professional costs paid as part of their compensation, including:
• Legal fees
• Valuation fees
• Planning, engineering and accounting advice