Public Works Act 1981

Duties (as local authority) before taking land for public work to carry out the actions specified (re notification of owner, lodging notice of desire to acquire land with District Land Registrar, etc)

Powers (as local authority) and duties re withdrawing notice of desire served to persons with registered interests 

Power (as local authority) to apply to the Māori Land Court for an order.

Restrictions:

 Subject also to  General Delegations - Legal Proceedings

Power to forward a compensation certificate to the District Land Registrar to protect agreement.

Powers in relation to objections to be heard by Environment Court

Power (as local authority) to enter/gain access to land, or to dig and remove any natural material for the purposes specified.

Power to appoint agent/contractors to enter/gain access for the purposes specified.

Power to remove fencing on or near boundary of land to be acquired only where protective fencing erected or owner’s writtten agreement first obtained.


Power to grant a lease, tenancy or licence to occupy for a period not exceeding 5 years and accept the surrender of such leases, tenancies or licences;

Duty (as local authority) to pay rents and profits into general revenues.

Restriction:  Subject also to General Delegations - Property Management

Power to request District Land Registrar to issue certificates of title to land held for public work.

Request land to be declared set apart for other local work.

Power (as local authority) to decide to apply/notify person specified of intention to apply/ and apply to the Land Valuation Tribunal to determine compensation.

Restriction:  Subject also to General Delegations - Legal Proceedings

Power (as local authority) to apply to District Court for the persons specified, who have a right to compensation, to be represented by the Public Trust.

Restriction: Subject also to General Delegations – Legal Proceedings



Power (as local authority/respondent) to file claim in the District Court requiring a claim for compensation to be heard by the Land Valuation Tribunal.

Restriction: Subject also to General Delegations - Legal Proceedings


Power (as respondent) to require claimant to furnish full particulars of claim;

Duty (as respondent) re notice by claimant requiring reasons for not admitting the claim or any part of it;

Duty and power (as respondent) re order of Court requiring particular/payment of costs.

Restriction: Subject also to General Delegations - Legal Proceedings

Power (as respondent) to serve third party notice where it is considered it is entitled to be indemnified by a third party. 

Restriction: Subject also to General Delegations - Legal Proceedings



Rights, powers and duties (as respondent) re costs awards in claims for compensation.

Restriction: Subject also to General Delegations - Legal Proceedings

Power to do all things necessary to give effect to the decision of the Council re offer from respondent

Powers/duties and rights (as notifying authority) in relation to proceedings before the Tribunal

Power and duty to give effect to the award of the Tribunal.

Restriction: Subject also to General Delegations - Legal Proceedings

Powers/duties and rights (as notifying authority) in relation to application to Tribunal by owner.

Restriction: Subject also to General Delegations - Legal Proceedings

Powers and duties (as local authority) re registering charge against applicable land for money due

Duty (as local authority) to consult District Land Registrar re proposed amalgamation and to comply with advice given.



Duty (as notifying authority) to take all reasonable steps to grant a lease/licence to occupy specified land (for a period not exceeding 5 years) in lieu of compensation payable;

Restrictions:

a.  No delegation where payment by way of quality of exchange is appropriate.

b. Subject also to General Delegations - Property Management

c.  This power cannot be sub-delegated

Power and duty (as notifying authority) re proceedings before Tribunal and order of Tribunal;

Restriction: Subject also to General Delegations – Legal  Proceedings

Duty (as notifying authority) re profits/revenue.



Duties (as local authority) re giving notice of entry/proposed entry as provided to the owner/occupier of land for survey purposes; in relation to outcome of court proceedings;

Power (as local authority) to authorise person to enter land to carry out public work/proposed public work.

Powers and duties (as developer/network utility operator - includes an airport authority as defined by the Airport Authorities Act 1966, if an approved requiring authority) re-entry for survey and investigation purposes, application to District Court, compensation payable.

Restriction: Subject also to General Delegations - Legal Proceedings

Power to register a certificate of consent or notice of discharge of certificate. 

Powers and duties (as territorial authority) to deal with road stopped and severances under the Act as if stopped under the LGA 1974;

Restriction: This delegation is subject to the restrictions set out in the applicable delegations for the LGA 1974

Power and duties (as local authority) re registration of land dealings.



Power (as Authority) to give notice in writing to the owner or occupier of land to remove/trim/cut down etc tree/fences /obstructions etc. in relation to roads or public works, in the circumstances specified

Power (as Authority) to enter on the land and do the act required by the notice where non-compliance with the notice/with the decision of the District Court; and recover the cost from the owner 

Restriction: subject also to General Delegations - Legal Proceedings

Powers and duties (as authority) re District Court proceedings where owner or resident has made an application re notice under this section

Power (as authority) after giving oral notice to the occupier/owner of the land, if life, property, or any road or public work is in imminent danger, to enter on the land and remove the danger, etc and to recover costs of emergency work.



Power to (as local authority) to grant licences, permits, and privileges in respect of the secondary use of the land for a period not exceeding 5 years, in accordance with the notice once purpose(s) gazetted.

Restrictions:

a.  Subject also to General Delegations - Property Management

Powers and duties (as local authority) re termination or revocation of any licence, permit, or privilege granted under section 191.

Restriction: Subject also to General Delegations - Property Management

Power to enter into and carry out agreements to combine with Government in any undertaking of both national and local importance.

Power (as local authority where public work under its control is not in its ownership) to take any proceedings for recovery of damages in respect of damage to public work, as specified.

Restriction: Subject also to General Delegations – Legal Proceedings


Powers and duties (as local authority) in relation to removal, sale or destruction of abandoned/apparently abandoned property (including motor vehicles) on land held for public work.

Power to authorise any person (as local authority) to remove abandoned property on land held for public work.

Power (as local authority) to commence proceedings in the District Court to recover possession of land and damages, in the circumstances specified.

Restriction:  Subject also to General Delegation - Legal Proceedings


Power to submit request to take land.

Duties (as local authority/notifying authority) in relation to additional compensation for acquisition of notified land.

Duty to notify District Land Registrar that compensation certificate should be discharged.

Power to grant easement over land held for public work.

Power to sign certificate of consent or notice of discharge of certificate of consent.