Property S18 Action Paper



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Date29.05.2016
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Property S18 Action Papernzta_75mm

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In Committee
agenda box_1

National Property Manager HNO Action Paper: yy/mm/01xx1

National Office File Ref: PR9 -xx2

SAP Architectural Object number (s): 883xx


Prepared by

Title: name

Recommended by

Principal Property Manager: name

Endorsed by

National Property Manager: name

Location/Address



Purpose


1To seek approval to serve Notices of Desire under Section 18 of the Public Works Act 1981 to acquire land from the owner (s) as shown in Attachment A. The purchases are required for the _ project.

Recommendations

2That the National Property Manager HNO:



  1. approves the issuing of Notices of Desire for acquisition of the property identified in Attachment A; and

  2. notes that each property acquisition will be approved in accordance with the property delegations if agreement is reached; and

  3. notes that the use of Section 23 Notices will require additional approval; and

  4. retains this Action Paper in committee until the property acquisition has been completed, and

  5. agrees to take this paper out of Committee when the property acquisition has been completed.

Approval


Approved/ Not approved/ Approved subject to the following conditions:
(Delete those not applicable)

Signature _________________________________ Date _________________

National Property Manager HNO

Project Critique


3The project that requires the property is summarised below:

Project name




Project priority3




Construction Start

Q?/201

Planning status

Designated, but/and .

Funding status




Property interests required

?

No. outstanding including this paper’s acquisition(s)

?



Background on Compulsory Purchase


4Where voluntary agreement cannot be reached on the purchase of land for a public work, the Public Works Act provides for compulsory acquisition by the Crown through the Minister of Lands.

5The first step in the compulsory acquisition process is to serve a Notice of Desire to each affected owner in accordance with Section 18 of the Public Works Act. Once the Notice of Desire is served, NZTA is required to negotiate in good faith for at least three months before taking any further action to compulsorily acquire the land.

6The Section 18 Notice informs the owner of the Crown’s interest in acquiring their land for the public work and formally commences the compulsory acquisition process. The issue of the notice ‘sets the clock ticking’ and is intended to protect the critical path of the project while encouraging the parties to negotiate an outcome.

7A Section 23 Notice of Intention to Take is the next step, and this sets out the process by which the Crown will take the land if a voluntary agreement is not possible.

8A minimum period of nine months should be allowed to compulsorily acquire private land.

9The Project Property Acquisition Strategy provides for compulsory acquisition to be initiated on all outstanding property interests as required in order to minimise the potential for construction delay.

10The construction programme does not allow sufficient lead in time to avoid delays in construction commencement if land access agreements cannot be reached. It is now imperative that the compulsory acquisition process commences to minimise any delays..

Remaining Property Acquisitions


11Negotiations with all of the landowners commenced in . of the owners originally contacted have settled by agreement with the Crown

12The land yet to be acquired is described in Attachment A with notes on the status of the negotiations.

13The land to be acquired is illustrated in the Land Requirement Plan in Attachment B.

Proposed Compulsory Taking


14When approved, Section 18 Notices will be served immediately on the owners as described in Attachment A.

15The Notices will be served on the owner by the Accredited Supplier and the owner’s rights will be explained clearly along with an indication of the next steps.

16The land must be surveyed before issuing Section 23 Notice of Intention to Take. To minimise delays in the compulsory acquisition process we will recommend to LINZ that we serve notices under Section 110 of the PWA to obtain entry for survey purposes (where necessary) at the same time as the Notice of Desire is issued.

Financial

17The remaining property acquisitions will require a financial commitment of just over $[?]M plus GST at current valuation (refer to Attachment A for the individual breakdowns). Payment will be spread over [comment on relevant financial year/s].

18NZTA is required to meet the owners’ valuation and legal costs in accordance with Section 66 of the Public Works Act. This aspect is managed by LINZ.

Attachments


  1. There are three attachments to this paper:

Attachment A: Schedule of landowners, with negotiation status comments

Attachment B: Land Requirement Plan

Attachment C: Location Plan

In Committee Status


  1. This Action Paper is given In Committee status under Section 9(2)(j) of the Official Information Act relating to NZ Transport’s Agency’s ability to carry on negotiations without disadvantage until settlement has been effected.


Signatures of Endorsement and Recommendation

Recommended



Author

Recommended



Principal Property Manager

Attachment A – Ownerships and Negotiation Status








Owner

Required Area

Total Area

Estimated Compensation

Negotiation Status















































Attachment B – Land Requirement Plan

Attachment C: Location Plan




2 Insert: PR9-0106 for Auckland/Northland, PR9-0204 for Waikato/BoP, PR9-0512 for Wellington Office, PR9 0605 for Christchurch Office

3 NZTA National Ranking




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