Can my land be taken for public works?

The simple answer is yes.  The compulsory acquisition of private land has always been one of the powers available to the Government, whether that is Crown agencies such as the New Zealand Transport Agency or your local Council.  However, there are processes that need to be completed before any move to compulsorily acquire is initiated. Three months of good faith negotiations are still required before the next step to advance to compulsory acquisition is taken. 

What is your main area of expertise?

We are Public Works Act property consultants who have a background in valuation combined with experience in the area of acquisition and disposal of land under the Public Works Act. Our experience also includes drafting such agreements before they are put to legal review.

We work as landowner advocates to resolve compensation disputes and reach negotiated settlement terms for the acquisition of your land. This differs from the valuer appointed to provide a compensation valuation of your property, who must act independently and in an unbiased manner. We pull everything together so to speak, including bringing on board any additional professional advisors who may be required. 

I live outside of the main centres, are you able to help me?

Yes, our property consultants will come out to meet you and walk over your property, sit down and discuss your concerns and the particular circumstances relating to your property. After that, the process can be continued remotely by phone and email.  Depending on where you are located, we may be able to help you entirely remotely with phone calls, emails and meetings online. It is quite likely that the Crown's acquisition consultants are not in the same location as you.  We work nationwide.

Do I have to pay your costs to travel to see me at my property?

Our fees may include travel disbursements, which are usually paid by the acquiring authority. The key is that these costs are reasonable and directly related to the acquisition of your land. 

Do I have to pay your fees up front?

As a landowner whose land is required for public works, you are entitled to recover your reasonable costs associated with negotiating the acquisition of your land and determination of the compensation due to you.  The key is the test as to reasonableness.  These costs must not be excessive.  

We will liaise with the acquiring authority when it comes to our fees, however in most circumstances it is standard practice that our fees are submitted to the agents of the Crown or the local authority for approval and paid directly from them.

There may be circumstances where you require additional professionals are engaged, for example, if you are trying to confirm your level of business loss, or if you are trying to fully understand the impact of the acquisition of your land you may need to seek advice of a surveyor or planner, these fees may need to be paid up front and then recovered as part of your compensation entitlement.  

The same process applies for your legal fees.  Standard practice is that these are paid directly by the acquiring authority, as a landowner's ability to pay those fees up front should not impact their right to receive that advice required to reach agreement on the acquisition of their land. 

My land is being taken.  How will it be valued?

The acquiring authority will appoint a registered valuer to undertake a compensation valuation of your land.  You are able to appoint a valuer for a second opinion.  It will likely be the case that the valuers' opinions will differ, and this is where we can assist to evaluate those reports and work with you and the acquiring authority with the aim of reaching agreement on the compensation due to you.  If agreement cannot be reached, the decision can be put before the Land Valuation Tribunal, which will make a determination on the matter. The proposed updates to the Public Works Act are looking at a requirement for mediation before a compensation dispute is put before the Land Valuation Tribunal. 

I do not agree with the valuation of my land for compensation.  What can I do?

All landowners have the right to commission their own valuation to determine the compensation due to them for their loss.  However, it is important to remember that a valuer is bound by professional codes of conduct to provide an objective and unbiased valuation.  Therefore, this may not necessarily give you the result you are seeking.  You also have the right to engage a specialist negotiator who will advocate on your behalf.  Negotiators are also experienced in valuation and together with a lawyer will work to provide the best outcome for you in a negotiated settlement.  Failing that, compensation will be referred to the Land Valuation Tribunal.

My land is being taken for public works. Are you lawyers?  Do I need a lawyer as well?

No we are not lawyers.  We have experience in valuation and can assist with negotiation of compensation and the terms of the acquisition agreement. We are very familiar with the ongoing guidance and clarification provided by Land Valuation Tribunal and court decisions, which further helps to resolve issues of uncertainty. 

You will also need legal advice when it comes to evaluating the agreement that is proposed for the acquisition of your land.  If you land is being taken, you are entitled to legal support and may wish to object to the taking. 

I don't have a lawyer, are you able to put us onto one?

You are entitled to engage any lawyer you like with regards to providing advice on the acquisition of your land.  However, we do caution that this is a specialist area, and it is important that you engage someone with sufficient experience when it comes to dealing with the Public Works Act and compensation law. The same applies to valuers. Not all valuers have the required experience in compensation Valuations and it is critical that the report provided is up to scratch when it comes to methodology. 

Can I object to compulsory acquisition?

The Public Works Act is currently being reviewed with the aim of removing many of the barriers to land acquisition associated with infrastructure projects.  At present under the 1981 Act, a landowner has the right to object to any land being taken, but only on limited grounds.  These grounds are that the acquiring authority hasn't sufficiently investigated alternative sites, routes and methods for achieving its objectives, and secondly, that the taking is not fair, sound and reasonably necessary.  These objections are currently heard by the Environment Court.

The proposed update to the legislation contemplates removing objection to the Environment Court and that landowners will object to the acquiring authority. Landowners will likely retain the option of a judicial review of the process followed by the acquiring authority.