Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Matthew Casey KC
Sue Simons, Partner, Berry Simons Environmental Law

Synopsis:

Under the Public Works Act 1981 (and other legislation), central and local government agencies have “draconian” powers to acquire or interfere with private land. The Act sets out processes for acquisition and compensation and is intended to provide a fair and equitable outcome for property owners. But how is it operating in practice?

This paper will cover the steps from pre-acquisition through compensation to offer-back, and the various aspects in between, with reference to key sections, recent cases and issues.

These Materials will help you:

• Gain a better appreciation of the pre-acquisition process, including designation, the steps to be followed and the formalities.
• Delve into the subject of compensation, including the meaning of “full compensation” and “specified date”, injurious affection and the claims process.
• Improve your understanding of disturbance payments and the costs regime.
• Understand offer-back rights under s 40 of the Act, including backdating of consideration, and the exercise of discretion.  
• Update your knowledge of key case law.
• Benefit from practical insights about the various aspects of the process.

Intended Audience:

Property lawyers, Environment and Resource Management lawyers, and litigators.