Ōpōtiki – First Home Buyers Information Evening

The Government recently introduced changes to the Public Works Act 1981 which provide for additional compensation for landowners who have their land acquired by agreement for certain projects. These projects are generally roading projects, based on those listed in the Fast-track Approvals Act 2024 or are identified as Roads of National Significance. This will be of particular interest to local landowners who have land that will be used by NZTA for the Takitumu Northern Link - Stage 2 as this project is subject to the new compensation provisions and negotiations are already underway with landowners. The Public Works (Critical Infrastructure) Amendment Act 2025 was passed on 26 August 2025 and is designed to speed up the land acquisition process for critical projects where a designation is in place or applied, or a resource consent is obtained. The new provisions involve: Additional compensation as an incentive for landowners to reach agreement on land acquisition, being: Recognition payment: 5% of total land value up to a maximum of $92,000 to recognise the land is being taken for critical infrastructure; Incentive payment: 15% of the total value up to a maximum of $150,000 if the landowner reaches an agreement before the Minister or local authority serves a s 23 PWA notice (being the process to compulsorily acquire the land). The landowner must give vacant possession in order to receive the additional compensation. The vacant possession date is by agreement, or within one month of the Minister or local authority giving notice that vacant possession is required. Removal of the right of objection to the Environment Court for land that is taken for projects designated as critical infrastructure. Instead, a submission process is available where a landowner can make a submission to the Minister or local authority, with an opportunity to make a second submission following the Minister or local authority’s comments. The ability to object to the valuation tribunal for compensation remains. These provision also apply for critical infrastructure projects where negotiations are already underway. There are exceptions for Māori land and an ability for agencies to opt-out of the above process and use the standard PWA process. The key benefit of these changes is that landowners who are willing parties to land acquisition are able to obtain additional compensation (up to $242,000 depending on land value) if they reach early agreement with the Minister or local authority before it issues a s 23 PWA notice for compulsory acquisition. It is therefore important to approach negotiations for land acquisition for such projects with these timeframes in mind to avoid inadvertently missing out on increased compensation. There are further reforms expected to the PWA this year, including the requirement for compulsory mediation for compensation disputes, but these are not yet in force. If you have any questions on the Public Works Act 1981 or this article, please contact our public works specialists: Bridget Bailey, Natasha van der Wal and Hilary Anderson.

Holland Beckett is pleased to announce that Hilary Anderson has joined the Partnership. Hilary is a specialist property and commercial lawyer with over 12 years of experience and a strategic focus on urban development from many years working with a prolific infill housing developer, giving her deep insight into the legal and practical challenges of intensification projects. Hilary’s expertise spans residential and commercial property transactions and finance, property development, conveyancing, subdivisions, commercial leasing, franchising, and contract matters. She has significant experience advising high net worth individuals and families on private matters, including the management of complex trust structures and large estates. Hilary is equally committed to supporting those entering the property market for the first time, recognising that buying a first home is one of the most significant financial and emotional decisions people make and that good, accessible legal advice is integral to making this a smooth and less daunting process. Hilary joined Holland Beckett as Special Counsel in August last year, working with Dean Thompson and his team prior to his retirement. Before that, she spent over a decade at Cooney Lees Morgan, working closely with Owen Cooney. Recognised in 2022 as one of New Zealand Lawyer’s Rising Stars, Hilary is known for being practical, straightforward and approachable. Born in Ōhope, she has strong ties to Whakatāne and the Eastern Bay of Plenty and has called Tauranga home for more than thirteen years, where she is well regarded for her strong relationships and outstanding reputation in the community. Congratulations Hilary, Holland Beckett is delighted to welcome you to the Partnership.

Thinking about converting your Cross Lease property to Freehold? Come along to our free information evening with Holland Beckett’s property law expert Dan Broadhurst and Karl Rendall of True North Surveying. 5:00pm, Tuesday 7 October Holland Beckett 189 The Strand Whakatāne This free event is an opportunity for the Whakatāne community to get general guidance and discuss specific issues: How freeholding can increase property value and flexibility The legal process of converting cross lease to freehold Surveying requirements and property boundaries Costs, timelines and common pitfalls To confirm your attendance please RSVP to Tiffany.Head@hobec.co.nz or 07 308 8325 Spaces are limited.