Land acquisition rules change

Landowners along the proposed Warkworth to Te Hana motorway route whose properties are being acquired by the Crown for the project would have been listening closely when the government announced plans to amend the Public Works Act (PWA) on March 9.

“In the coming months we’ll be amending the PWA to accelerate the acquisition of land needed for … the Roads of National Significance,” Infrastructure Minister Chris Bishop and Land Information Minister Chris Penk said.

It is intended that amendments will come into force six months before wider PWA review amendments.

The amended legislation will feature:

• Incentive payments: To encourage early agreements, landowners who voluntarily sell their land before a Notice of Intention is issued will receive an additional premium payment equal to 15 per cent of their land’s value, with a maximum payment of $150,000.

• Recognition payments: All landowners whose land is acquired under the accelerated process will receive a five per cent recognition payment, acknowledging the critical role their land plays in delivering essential infrastructure, with a maximum payment of $92,000.

• Replacement objections process: Landowners who object to land acquisition for critical infrastructure projects will no longer go through the Environment Court. They will instead submit their objections directly to the relevant decision-maker, either the Minister for Land Information or the local authority, for faster resolution.

Warkworth licensed agent Greg Allen-Baines said all the things Penk had in mind would go a long way to making the process of compulsory sale and purchase more palatable for those involved.

“The thing it doesn’t address and, from my enquiries the most concerning, is replacing the property that has been acquired,” he said.

“There should be a mechanism that allows for reasonable replacement of land, assets and relocation to an area or place agreed to by the parties (the Crown and landowner).”