12. TE URUROA FLAVELL (Māori Party—Waiariki) Link to this
to the Minister for Land Information
Pēhea te rahi o ngā whenua kua tangohia ai i raro i te ture Public Works arā, e hia te wāriu o aua whenua?
[How much land has been taken under the Public Works Act and what would be the value of the land taken?]
Hon CHRISTOPHER FINLAYSON (Attorney-General) Link to this
New Zealand does not have records of all land acquired by the Crown and by local authorities under the Public Works Act 1981 and its predecessor Acts, which date back to the 1880s. Since July 1998 the Crown has acquired 3,944 properties by agreement, and 45 properties through compulsory acquisition. Since July 2005 Land Information New Zealand has recorded the amount of compensation paid by the Crown for land acquired under the Act. The Minister is advised that the amount is approximately $450 million.
Te Ururoa Flavell Link to this
What sort of redress could be developed for the people of Rangiwaea and Matakana to address the situation of Panepane Point, which was acquired under the Public Works Act for the purposes of harbour works that never eventuated?
Hon CHRISTOPHER FINLAYSON Link to this
The Crown and local authorities are already responsible under section 40 of the Act to deal appropriately with land when it is no longer required. I am advised that Land Information New Zealand has no record of the property in question being held by the Crown. In fact, the property is owned by the Western Bay of Plenty District Council. Because the property is not held by the Crown, the Minister is not able to provide specific advice about the land.
Te Ururoa Flavell Link to this
What responsibility does the Crown have to operate under principles of good faith in situations such as that being faced by the trustees of the Paehinahina Mourea 1 block, which is located in Rotorua, who have been offered back 1 hectare of land under the Public Works Act at the sum of $140,000, which they consider to be hugely exorbitant because the land was originally theirs?
Hon CHRISTOPHER FINLAYSON Link to this
Clear processes under the Act have to be followed before an acquisition can occur, in order to ensure that any acquisition is justified and that compensation is paid to landowners. The Act provides for the offer back to be at current market value. Land Information New Zealand has not been able to identify the specific property as being held by the Crown. When researching an offer back, the Crown investigates the circumstances of any acquisition, including whether compensation was paid in the first place, in order to determine where there are grounds to offer back land at less than the current market value. Under the gifted land policy—for example when the land was donated to the Crown for a public work and it is no longer required—land is offered back at nil value for the land and at current market value for improvements.