Review of Public Works Act
The Public Works Act 1981, an Act that, potentially, affects every one of us, is being reviewed. As part of that review, Land Information NZ has produced a discussion paper, 'Review of the Public Works Act: Issues and Options'.
The Public Works Act 1981 is grounded in 19th century laws. It has been, and still is, a very important piece of legislation. It has allowed the Government and local authorities to acquire land (either by agreement or compulsion) for public works such as schools, hospitals, roads and airports. Although the Act has largely been responsible for creating NZ's transport infrastructure, schools, hospitals and other amenities these developments had costs, particularly for Maori. Land was sometimes taken in the face of strong protest.
What the Paper Covers
The discussion paper looks at broad issues instead of details (the rationale is that 'high level principles' have to be sorted out before you can start looking at the details). The issues fall into seven areas. The first two areas are:
- what is public work?; and
- who should be able to exercise public works powers?
Questions arise as to whether the current definition and powers should be expanded or contracted. There are arguments that can be made for both sides, depending on the scope that is envisaged for any planned legislation.
The other areas being looked at are:
- Acquiring of land - for example, looking at whether acquisition by agreement needs to be detailed in legislation to the same extent as compulsory acquisition;
- Compensation - for example, who should be entitled to compensation and for what? (currently, compensation is only paid to the person from whom the land is acquired and others that are affected during the construction of the work);
- Disposing of land when it's no longer needed for a public work - currently, the law provides for an offer-back to the former owner unless the property is for some reason exempted (whether this provision should be kept, changed or got rid of is up for discussion);
- Complying with and enforcing provisions relating to acquiring and disposing of land - in particular, the situation of offer-back requirements for land that was once within the Crown estate but has been subsequently transferred to private commercial entities along with the public work; and
- The Treaty - whether any Treaty provisions should be included in any new legislation, the nature of any such provisions, and on whom they would be binding.
Overlying these broad issues is the need to ensure that any legislation is clear and easy to follow and put in place.
Public Consultation
Consultation (including 14 regional hui) began in December last year and finishes at the end of March 2001. The Review is expected to take until 2002, when the Government is likely to introduce a Bill to Parliament.
| Submissions close 30 March 2001. The submission form (that comes as part of the paper) can be posted to Public Works Act Review, Policy Group, Land Information NZ, PO Box 5501, Wellington, or fax to (04) 498 3519. Alternatively, you can use the submission form on the LINZ website at www.pwareview.linz.govt.nz , or email your submission to pwareview@linz.govt.nz |
Contact for Enquiries
The Ministry of Agriculture and Forestry
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Tel: 0800 00 83 33
Fax: +64 4 894 0720
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