Legislation to streamline land acquisition for critical infrastructure projects, the Public Works (Critical Infrastructure) Amendment Bill (Bill), was introduced in May. Land Information Minister Chris Penk’s press release stated, “Right now, it takes up to a year on average to acquire land. If compulsory acquisition is required, the process generally takes up to two years, with at least another year tacked on if objections to the Environment Court are made.”

 

The Bill would amend the Public Works Act 1981 (PWA) to speed up the process to acquire land for critical infrastructure projects included in Schedule 2 of the Bill; which includes those listed in Schedule 2 of the Fast-track Approvals Act. The amendments are intended to come into force six months prior to wider PWA review amendments.

 

Key points from the Bill are outlined below.

 

Streamlined objections process – The objections process for land being acquired for critical infrastructure projects would be streamlined, whereby a landowner would submit their objection in writing directly to the relevant decision maker, either the Minister for Land Information or the local authority; instead of going through the Environment Court. The landowner would retain the right to seek a judicial review of official decision making, but not with respect to whether the acquisition itself was fair.

 

In coming to a decision, prior to issuing a notice to acquire land, under the Bill the decision maker would be required to give regard to matters similar to those the Environment Court would address when dealing with an objection. This would include whether alternative sites, routes or methods have been adequately considered, and whether in their opinion it would be fair, sound, and reasonably necessary for achieving their objectives for the land to be taken.

 

Incentive and recognition payments – To incentivise landowners to come to an early agreement, before a Notice of Intention is issued, landowners who do so would receive a payment equivalent to 15% of the total land value, up to a maximum of $150,000 and a minimum of $5,000. Furthermore, in acknowledgement of the role their land has played in delivering essential infrastructure, landowners whose land is acquired under the accelerated process would also receive a recognition payment of 5% of the total land value, up to a maximum of $92,000.

 

Protected Maori land – This type of land would be excluded from the critical infrastructure process, in acknowledgement of the pain inflicted in historic confiscations of land through previous versions of the PWA. However, if acquisition of such land does occur under the standard PWA process, owners of such land would still be eligible for the recognition and incentive payments afforded to those under the proposed streamlined process.

 

The Bill is expected to make its way through Parliament, and of the opposition parties, has had Labour’s support.

 

Contact us today to discuss how the changes may affect you and get expert legal advice on navigating land acquisition under the Bill.