Land Compensation Claims

We have significant experience acting for landowners affected by proposed compulsory land acquisitions (also known as land takes) under the Public Works Act 1981 (PWA).

The Public Works Act gives the Crown power to acquire land from private landowners for public works, such as roading & motorways, cycleways, bus lanes, schools, hospitals, green areas, parks, aerodromes and railways.

We assist all landowners:

• Homeowners
• Rural and Urban land holdings
• Commercial and Industrial properties
• Lifestyle and Farming Blocks
• Owners with Forestry or Minerals or Power Generation on their land
• Māori land
• Multiple ownership i.e. Bodies Corporate
• Sub-Surface or Subterranean land takes
• Full or Partial acquisitions
• Easement acquisitions

Where there is a compulsory land acquisition, reasonable legal and other costs may be reimbursed by the acquirer. In many cases, this means that our services may be cost-neutral to you.

Call us now on 09 304 0666 for a free initial discussion or send us a message.

How PWA Land Acquisitions Work

The Public Works Act is administered by Toitū Te Whenua (Land Information New Zealand).

Compulsory land acquisitions under the Public Works Act are typically undertaken by local authorities / Councils, Waka Kotahi (NZTA), Auckland Transport (AT), and network utility operators such as KiwiRail or power companies. Often, LINZ-accredited suppliers will conduct negotiations.

A specific process must be followed to ensure that the rights of landowners are protected. We can advise you throughout on your legal rights and entitlements.

Compulsory land acquisitions can be very stressful for landowners. We help you to understand the options available, the process involved and to secure proper compensation. Above all, we ensure you are supported throughout the process.

Thorn Law supports a detailed review of the Public Works Act 1981 and consideration of making it more user-friendly, fair and timely for all involved.

Designation, Notice of Requirement and Early Purchases

As is currently the case in Auckland, many landowners have been notified (by Te Tupu Ngatahi Supporting Growth; Waka Kotahi (NZTA); Auckland Transport), that some or all of their property may be required for transport projects sometime in the next 10 to 30 years.

Typically, such a notification over your property means you are “stuck”, as it can be difficult to sell. Thorn Law can assist in persuading the acquirer/requirer to purchase your property early.

Historic Takes and Offer Back / Buy Backs

If land acquired under the Public Works Act is no longer required for the public work, then the acquiring entity has an obligation to offer that land back to the former owner, or to their successor.

Thorn Law can provide advice and advocacy in this situation.

Our experience

With over a decade of hands-on experience, Thorn Law has successfully represented numerous landowners in a range of situations, including where:

• they have objected to proposed acquisitions
• they have decided to negotiate an acquisition by agreement;
• they have disputed the amount of compensation offered; and
• where there are offer back issues.

Adina Thorn successfully acted in legal proceedings relating to the Waterview tunnels which involved discussions of rights/obligations of the Crown in these types of negotiations. It also considered some of the proper processes to be adopted by the Crown.

If you’re facing a compulsory land acquisition, we can:

• Help you understand your rights and entitlements
• Identify and make objections to the proposals, or seek changes, to protect your interests
• Involve qualified and experienced experts, including valuers and planners, to further your interests
• Negotiate proper compensation, including for stress/inconvenience and business losses and disturbance (if applicable)
• Represent you in the Land Valuation Tribunal, Environment Court or High Court (as necessary)

Call us now on 09 304 0666 for a free initial discussion or send us a message.