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Facts And Questions
Facts And Questions
For Landowners and occupants by affected by public works
Why use PWA to represent you? 1) We are experienced advocates for property owners impacted by Public Works projects, combining in-depth legal knowledge with practical property expertise. 2) From the moment you appoint us through to securing your full and final compensation settlement, we manage and negotiate every aspect of your claim. We identify all factors that may affect you and develop a clear, strategic approach when dealing with the acquiring authority. 3) What sets us apart is our insider experience — all of our consultants have previously worked within Crown agencies and local authorities. We understand the internal processes, priorities, and pressures that drive acquiring authorities, and we use that knowledge to your advantage.
What will it cost me to work with PWA? In most cases, working with us is free. PWA costs are most often covered by the authority acquiring your property. However general rule of thumb ... 1) If your property is being acquired under the Public Works Act 1981, reasonable costs you incur — including valuation, legal, and other professional fees — are reimbursable under Section 66. While you may need to pay valuation costs upfront, these are typically recoverable. PWA will seek your approval for any reasonable fee claim and request payment directly from the acquiring authority, so you’re not left out of pocket and can proceed with confidence. 2) For clients engaging us for expert advice on commercial transactions, we agree on the scope of work and fees in advance. This ensures full transparency and no unexpected costs. Please get in touch to discuss your requirements.
I’ve been served with a Section 18 Notice by Council to acquire my property. What does this mean for me and my compensation? Under the Public Works Act 1981, service of a Section 18 notice by an acquiring authority formally begins the compulsory acquisition process. This means the authority is signalling its intention to take your property for a public work. Importantly, receiving a Section 18 notice does not limit your right to claim and receive full and fair compensation for your loss. In our experience, compulsory powers are exercised to their fullest extent only in a minority of cases — typically where project delivery is time-critical. We have successfully negotiated many compensation settlements during the compulsory acquisition process, ensuring our clients achieve appropriate outcomes while protecting their rights.
What does this mean for my business if NZTA requires my work premises for a public work? If your business premises is being acquired by New Zealand Transport Agency for a public work, you may be entitled to claim compensation for the impact on your business under the Public Works Act 1981. This can include losses associated with relocation, disruption, or other effects on your operations. We can assess your specific circumstances and advise on the best strategy to protect your business and secure the compensation you’re entitled to.
What should I do if I’ve received a reasonable compensation offer from the aquiring authority for the full acquisition of my property? It’s common for landowners to receive initial compensation offers from local authorities such as Auckland Transport. While the offer may appear fair at first glance, it’s important not to accept it without careful review. In our experience, the detail behind the offer can significantly affect your overall entitlement. Seemingly small assumptions or omissions can impact the level of compensation you ultimately receive. Obtaining expert property advice ensures you understand the full implications and that your interests are properly protected. Here at PWA we specialises in identifying potential risks early and negotiating to ensure you receive your full and fair compensation.
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"The consultants to turn to when they come for your castle"
Stuff Article
April 29, 2022
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Most of us are familiar with the classic Aussie film The Castle, where the government tries to compulsorily acquire a humble family home to make way for an airport. What's less well-known, however, is what happens in real life when the Crown comes for your own castle.
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Here in New Zealand, the Public Works Act 1981 gives the Crown and local authorities the power to acquire privately owned land for public works like roads, schools, airports, reserves and railway infrastructure ...
