North-West Transport Projects: Owner Rights

Auckland Transport and NZTA Waka Kotahi (using the name “Supporting Growth”) have started the legal process for acquiring land for long-term transport projects in North-West Auckland. 

The projects are expected to cater for growth in Kumeu-Huapai, Riverhead, Redhills, Hobsonville and Whenuapai over the next 30 years.  100,000 people are expected to live in the area, along with 40,000 new houses and 20,000 new jobs. 

The transport projects include an alternative state highway, rapid transit corridors including shared footpaths and cycle lanes, and upgrades of roads and intersections.

The legal process for protecting the land required for the projects has been:  

  • In December 2022 Supporting Growth lodged 19 Notices of Requirement with Auckland Council under the Resource Management Act to protect the land required for the projects. 

  • Public submissions closed on 24 April 2023.  Public hearings took place from 18 September until 5 October 2023. 

  • Auckland Council is to make a recommendation as to whether a designation should be confirmed in the Auckland Unitary Plan.

  • Submitters may appeal the Auckland Council’s decision to the Environment Court.   

Although these transport projects are yet to be funded and may not be funded for years or even decades, the fact Notices of Requirement have been lodged with Auckland Council has immediate implications for property owners whose land may be acquired under the Public Works Act:

  • Owners face the prospect the value of their land may be diminished over an extended period of time.

  • Owners have the right to take steps to have Supporting Growth acquire their properties early. 

The option of an early acquisition has many benefits.  It enables owners to sell for full market value at a time of their choosing, rather than waiting to be acquired at some time in the future.  There is no real estate commission, owners can claim additional compensation of $50,000 (depending on the use of the property), and they can have legal, valuation and other costs reimbursed by the requiring authorities. 

An early acquisition will be advantageous for many property owners in North-West Auckland. 

Grimshaw & Co Lawyers represents owners who wish to have their properties acquired early.  We are able to guide you through the acquisition process and provide peace of mind that everything is being done to have your property acquired on the best possible terms.