Cross Lease to Freehold – Whakatāne 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.

We are delighted to announce the promotion of four lawyers to Associate in our Tauranga team. These promotions reflect the expertise, dedication and performance of these lawyers, and we look forward to seeing their continued impact and leadership in the years ahead. Angus Hendry – Property and Commercial Angus has a wide range of experience in property and commercial transactions, as well as trusts, charities, incorporated societies and estate planning. Angus is a trustee of the Bay of Plenty Youth Development Trust and drum corporal in the City of Tauranga Pipe Band. Angus joined Holland Beckett in 2022, after starting his legal career in Palmerston North. Emily Merrill – Property and Commercial Emily has experience in a wide range of property and commercial matters including subdivisions, townhouse developments, sale and purchase of residential, commercial and rural properties, refinancing arrangements and commercial leasing. Emily also has specialist expertise in buying and selling of kiwifruit orchards and forestry assets as well as renewable energy, advising both landowners and developers on large scale solar projects throughout New Zealand. Emily began her legal career at Holland Beckett as a summer clerk in 2016, before joining the firm proper in 2018 upon completion of her studies. Rebecca Irvine – Property and Commercial Rebecca is a highly regarded property and commercial lawyer. She advises on a broad range of matters, including developments and subdivisions, sale and purchase of residential and commercial property, sale and purchase of businesses, commercial contracts and leasing. Rebecca is particularly experienced in local government transactions and assists local and regional authorities with leasing, Public Works Act matters, commercial contracts, delegations, privacy and general property and commercial advice. Rebecca has a strong affinity for community-focused work, regularly advising charitable trusts and incorporated societies. She also contributes her time as a committee member of Bay of Plenty Symphonia Incorporated. Rebecca began her legal career in litigation at a top-tier Wellington firm, equipping her with a sharp analytical edge. She joined Holland Beckett in 2018, later gaining valuable in-house experience at Tauranga City Council before returning to Holland Beckett in January this year. Waiata Groot - Family Waiata is in Holland Beckett’s family law team, the largest family law team in the Bay of Plenty. She specialises across a broad range of family law matters including: separation and division of relationship property (including complex Family Trust and Company structures); asset protection and Contracting Out Agreements; parenting and guardianship disputes; family violence (including urgent and non-urgent applications for protection orders): Family Court proceedings; estate claims under the Family Protection Act; applications for personal welfare and/or property orders relating to loss of capacity; and dissolution of marriage. Waiata is committed to supporting clients through the legal process (often involving high-stress or sensitive family dynamics) to find the best solutions for clients, children and their wider families. Waiata began her legal career at Simpson Grierson in Auckland in 2016. She then moved to Tauranga where she joined Cooney Lees Morgan for 3 years, before joining Holland Beckett in early 2024. We are proud to be a firm that is committed to nurturing talent and providing opportunties for professional growth, ensuring that our team enjoy fullfilling legal careers from our beautiful Bay of Plenty offices.