Property S23 Action Paper

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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



1To seek approval to serve Notices of Intention to Take under Section 23 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.


2That the National Property Manager HNO:

  1. approves the issuing of Notices of Intention to Take 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, if not agreed, the land will be taken by proclamation; 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.


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


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.

6A 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.

7A Survey Office plan is required for a Section 23 Notice for a partial acquisition/strata interest. This defines the area of land to be taken to enable the Minister of Land Information to issue a notice pursuant to Section 23.

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

Remaining Property Acquisitions

9Negotiations with all of the landowners commenced in . of the owners originally contacted have settled by agreement with the Crown

10Section 18 Notices of Desire were served in ...

11The land yet to be acquired is described in Attachment A with notes on the status of the negotiations.

12The land to be acquired is illustrated in the Land Requirement Plan in Attachment B.

13The 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.

14The construction programme requires agreements to be reached rapidly to avoid delays. It is now imperative that the compulsory acquisition process moves to the next step to minimise any delays.

Proposed Compulsory Taking

15When approved, Section 23 Notices will be served immediately on the owners as described in Attachment A.

16The 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.


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.


  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




Principal Property Manager

Attachment A – Ownerships and Negotiation Status


Required Area

Total Area

Estimated Compensation

Negotiation Status

Attachment B – Land Requirement Plan

Attachment C: Location Plan

1 Inserted by National Office

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

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