Warwick Wright specialises in representing private landowners confronted with losing their land or a part of their land because of public works.
Warwick provides competent professional advice to ensure landowners understand and receive their legal entitlement to full compensation under the Public Works Act 1981.
The governing principle of compensation is the award of a monetary equivalent for what has been lost. Compensation is available for the full value of the land, disturbance, damage, business loss and relocation. In addition, the landowner is entitled to reimbursement of all legal and other professional fees.
Warwick will negotiate with the authorities and guide the landowner through the processes which can sometimes be difficult and painful. Warwick’s experience will help to smooth out these processes.
Public Works Act Experts: 30+ Years of Experience
Warwick acts for a wide range of clients from major corporations through to family home owners.
He has had over 30 years of experience. His experience includes public infrastructure works such as:
- roads, motorways, bus lanes, cycleways,
- rail, underground rail,
- public utility works such as wastewater.
Infrastructure Works Compensation
The government has recently announced a program of major infrastructure works which in many cases will impact on privately owned properties. In each case the landowner is entitled to compensation under the Public Works Act.
Examples – Public Works / Land Compensation:
Auckland Transport is continually acquiring properties or street frontage land for road widening, roading realignment, cycleways and better pedestrian facilities.
New Zealand Transport Agency (NZTA) is continually widening or realigning motorway and highway roading to improve traffic flow or to provide for cycleways. And developing new motorways.
Auckland Council acquires properties for parks as Auckland city expands.
The Ministry of Education needs to acquire land for new schools or expansion of existing schools.
The Ministry of Health needs to establish a new hospital in Dunedin.
The Public Works Act 1981
The Public Works Act 1981 is a statute that gives power to Government Agencies, Local Authorities and Network Utilities to acquire land for public works. Public works include transport, road or rail, parks, schools and other important infrastructure projects.
The Act is designed to protect your rights as the land owner. Your property rights are very important.
When You Should Speak to a Public Works Act Lawyer
As soon as you become aware that your property might be affected by a public work it is vital to seek legal advice. Due process should be followed by the acquiring authority; your rights to public works land compensation must be protected. Warwick Wright has many years of expertise and experience in this area.
He can help you receive the fullest compensation under the law. You are entitled to full monetary compensation from the acquiring authority to ensure you are left in the same position as before the acquisition.
Warwick Wright as Principal of Rainey Collins Wright has extensive experience in providing advice and guiding clients through this difficult process from start to finish.
Call Warwick today on 09 379 5828 for a free preliminary discussion on any issues concerning the compulsory acquisition of your land or the Public Works Act – he is more than happy to help.
Frequently Asked Questions
What compensation am I entitled to?
Section 60(1) of the Public Works Act provides that affected landowners are entitled to monetary compensation to ensure they are left in the same position as before the acquisition. Full compensation is available for the full value of the land, disturbance, damage, business loss and relocation.
How much will this cost?
Reasonable legal fees are recoverable from the acquiring authority under the Public Works Act acquisition process. Your legal fees will be invoiced for payment by you on a monthly basis.
When should I see a lawyer?
Ideally, you should seek legal advice as soon as you become aware your property might be affected to ensure that due process is followed by the acquiring authority. However, you can seek legal advice at any part of the process.
Ongoing Public Works Projects
The following is a list of ongoing public works projects that are likely to require central or local government or their agencies to acquire land . If your land is affected by any of the following projects, or any other project, please reach out to us for assistance:
- Auckland City Rail Link (ACRL)
- Auckland Manukau Eastern Transport Initiative (AMETI)
- Waikato Southern Links Network
- Transmission Gully
- Various road widening projects
- Trig Road
- Redoubt Road – Mill Road corridor linking Manukau, Papakura, and Drury
- Christchurch Motorways, including the Western Corridor, Northern Arterial and Southern Corridor
- Puhoi to Wellsford (Ara Tūhono)
- Tauranga Northern Link
- Airport to Mount Victoria Tunnel, Wellington (including Ruahine Street and Wellington Road)
- Harini Link, Tauranga
- Whangaparaoa Road upgrade (Penlink linking Whangaparoa Peninsula to Northern Motorway)
- Petone to Grenada
- Waterview Connection
- Top Energy transmission lines
- Auckland Harbour Crossing
- Oruru Valley transmission lines
- Lincoln Road widening
- Panmure to Pakuranga
- Matakana link road
- Lincoln Road
- Northland Road Projects such as the Warkworth to Wellsford
- Airport to Botany Rapid Transport
- Dairy Flat Highway
The New Zealand Upgrade Programme (Auckland)
Beyond the above projects, the Government have announced the priority of the following projects for Auckland as part of The New Zealand Upgrade Programme. If you are affected, or likely to be affected by these works, please get in touch – we can advise you of your legal rights and entitlements.
- Rail stations in Drury Central and Drury West.
- Bus interchange integrated with Drury Central rail station and frequent routes along great South Road.
- Provision of 3 schools consisting of 2 primary and one secondary school.
- Approximately 10 ha of new public open spaces.
- Segregated cycleway is along all arterial and connector roads and shared powers within new open spaces.
Other new road-rail projects include:
- State Highway 1 Whangarei to Port Marsden: 22 KM 4 Lane corridor with separated walking and cycling parts.
- Penlink linking Whangaparoa Peninsula to Northern Motorway.
- New Mill Road connection from Manukau to Drury South. 4 Lane corridor running parallel To Southern Motorway with separated walking and cycling facilities.
- Widening Southern Motorway from Papakura to Drury South with 1/3 lane in each direction and upgrade of Drury Interchange.
- The Northern Pathway, which includes Sky Path over the Harbour Bridge and Seapath towards Takapuna. The 3 KM SeaPath from the Northcote Point end of the Harbour Bridge to Esmond Road is currently in the consenting phase.
- Auckland rail electrification of track between Papakura and Pukekohe including upgrade of Pukekohe railway station, 3rd line for freight and passenger services from wary to key Street in downtown Auckland including 2 new railway stations and bus and rail interchanges at Drury.
- New Zealand Transport Agency (NZTA) Cambridge to Piarere motorway.
- Auckland Transport is transferring the responsibility for Mill Road to NZTA; the northern end of the corridor is already designated and consented while the remainder still needs to be consented and designed.
- Penlink, a new 7 KM told transport link between State Highway 1 at Redvale and Whangaparoa Peninsula will be carried out by NZTA.
- A new roundabout where State Highway 29 from Tauranga joins State Highway 1 near Lake Karapiro.
- Tauranga northern land Link.