Land Compensation Claims

We have extensive experience acting for land and building owners facing compulsory land acquisitions (also known as ‘land takes’) under the Public Works Act 1981 (PWA).

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

We have assisted owners with the following:

• Homes
• Rural and Urban land holdings
• Commercial and Industrial properties
• Lifestyle including takes for wildlife areas and swamps
• Farming Blocks including diary, dry-stock, sheep and mixed farming and takes including water bores
• Horticulture
• Forestry
• Properties with minerals or special features (such as geothermal energy, turbines or satellites)
• Māori land
• “Starlink”
• Multiple ownership i.e. Bodies Corporate
• Sub-Surface or Subterranean land takes
• Full or Partial acquisitions
• Easement acquisitions
• Temporary occupation

Where there is a compulsory land acquisition, the acquirer is obliged to reimburse reasonable legal, valuation and other costs.

How the PWA works – a legal process

Acquisitions under the Public Works Act 1981 must follow a strict legal process designed to protect landowners.

Toitū Te Whenua (Land Information New Zealand – LINZ) oversees Crown acquisitions. Most acquisitions are carried out by councils, Waka Kotahi (NZTA), Auckland Transport, and network utility operators such as KiwiRail or energy providers. In many cases, negotiations are handled by LINZ-accredited suppliers acting on behalf of these organisations.

The process typically involves:

• Identification – the acquiring authority identifies land required for a project
• Investigation and planning – surveys, valuations, and planning processes (such as designations or Notices of Requirement) are undertaken
• Notification – the acquiring authority contacts affected landowners
• Negotiation – the authority will usually seek to acquire the land by agreement, including agreeing compensation
• Compulsory acquisition (if needed) – if agreement cannot be reached, the land may be acquired under legal statutory powers
• Dispute resolution – if the landowner objects to the acquisition, or compensation cannot be agreed, the matter can be determined by the Environment Court or Land Valuation Tribunal (or other courts)

At each stage, landowners have important rights – including to receive fair compensation.

How we support you

Compulsory land acquisitions through the Public Works Act can be stressful, unfamiliar, and time-consuming. We help you:

• Understand your rights
• Assess proposals
• Assist you to engage suitable experts, such as valuers and accountants
• Negotiate maximum compensation
• Review agreements
• Pursue formal objections or formal disputes when required

Our experience

For over a decade Thorn Law has successfully acted for landowners across New Zealand in a range of situations. We have assisted clients who have:

• objected to proposed acquisitions;
• negotiated an acquisition by agreement;
• challenged the amount of compensation offered; and
• wanted land previously taken offered back to them.

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 and processes adopted.

We can also assist you with:

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