Public Works Acquisitions.
If your property is being acquired for a public works project, you are entitled to fair compensation. Grimshaw & Co acts for property owners in public works acquisitions, making sure compensation reflects the true value of your property and you receive all other compensation due under the Public Works Act.
Independent Advice When Your Property Is Taken for Public Works.
The Public Works Act gives the Crown and other authorities the power to acquire land compulsorily for public purposes. If your property is in the path of a proposed road, railway, cycleway, or other infrastructure project, understanding your rights and entitlements early is critical. We advise property owners from the time the Notice of Requirement is issued through to final settlement, including where compensation is in dispute and must be determined by the Land Valuation Tribunal.
WHAT WE DO
How We Help Property Owners in Public Works Acquisitions.
We act exclusively for property owners, not requiring authorities. Whether your property is being fully or partially acquired, we make sure the compensation reflects your actual loss and you receive all additional compensation due under the Public Works Act. Importantly, property owners are now entitled to significant additional compensation under the Act, including ‘recognition’ and ‘incentive’ payments for land acquired in respect of critical infrastructure projects.
Current Public Works Projects.
We assist property owners affected by major transport and infrastructure projects across New Zealand, including:
Albany to Orewa, State Highway 1 improvements
Warkworth to Wellsford motorway extension
Drury Arterial Road, South Auckland infrastructure
Airport to Botany, Auckland rapid transit
North West, Auckland rapid transit corridor
If your property is affected by a public works project, feel free to contact us.
HOW IT WORKS
Our Process.
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STEP #1 - Initial Review
You provide a brief overview of your matter and your objectives. One of our team will review your position, consider your options and identify how we can assist.
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STEP #2 - Engagement & Strategy
Your lawyer will advise on the best approach and the likely steps and costs. You will have a clear understanding of how the legal process will work.
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STEP #3 - Resolution
We will work with you and expert witnesses to progress your case and achieve the best possible result.
Frequently Asked Questions.
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Under the Public Works Act, the Crown and local authorities have the power to acquire land if the property is required for a public work. While you cannot normally prevent a compulsory acquisition, you are entitled to fair compensation, and you have the right to challenge the amount offered.
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Compensation is based on the market value of the land being acquired, what a willing buyer would pay a willing seller on the open market. The compensation also includes expenses you incur as a result of the acquisition, such as legal, valuation and moving costs, and injurious affection where a partial acquisition reduces the value of your remaining land. Additional compensation is claimable and if the land is being taken for a critical infrastructure project you are usually entitled to ‘recognition’ and ‘incentive’ payments.
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In most cases, no. The Public Works Act requires that the requiring authority pay your reasonable legal costs in connection with the acquisition. You should always obtain independent legal advice before accepting an offer as it can make a significant difference to the outcome.
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Injurious affection compensation applies where only part of your property is acquired and the remaining land is reduced in value as a result. This component of compensation is often overlooked or undervalued in the requiring authority’s initial offer.
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Early acquisition allows a property owner to require that the requiring authority purchase their property ahead of the planned project timeline. We advise on whether early acquisition is available in your circumstances. We can apply to the Environment Court on your behalf for an order for early acquisition.
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The Land Valuation Tribunal is a specialist court that determines disputes over compensation under the Public Works Act and other valuation matters. Where compensation can not be agreed, either party may apply to the Tribunal for a formal determination. We prepare and present cases before the Tribunal on behalf of property owners.
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It depends on the project and whether compensation is agreed or disputed. Many acquisitions are resolved through negotiation within months. Where the matter proceeds to the Land Valuation Tribunal, it can take longer. We will give you a realistic timeline based on the specific circumstances of your acquisition.
READY TO BEGIN?
Tell Us About Your Matter.
Complete our enquiry form by clicking on the link below. Please provide a brief outline of your situation and your objectives. One of our team will contact you.