3The project that requires the property is summarised below:
Designated, but/and .
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..
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.
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.
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.