The PWA provides powers to acquire land for delivering public works, such as roads, schools, and water services. It sets out a process that must be followed to ensure the rights of private landowners are considered and protected, including the payment of compensation for any land acquired.
The PWA is a key mechanism that enables construction and the development of public infrastructure projects. It has not been substantially amended since 1988.
Review focus
The review will focus on:
- Efficiency – improving processes and removing unnecessary duplication in the PWA
- Effectiveness – ensuring the PWA is workable, fit for purpose and realises the Crown's ability to undertake public works
- Clarity – providing transparency and certainty for those using and affected by PWA processes.
The review will ensure that due process is taken to maintain property rights and natural justice for all affected parties, and that any proposed changes to the PWA are consistent with existing legal obligations under Treaty of Waitangi settlements.
Expert advisory panel
An expert advisory panel will be appointed by the Chief Executive of LINZ as we are the agency responsible for administering the PWA.
The purpose of the panel is to provide independent advice on potential reforms to the PWA that would better facilitate infrastructure delivery, while retaining the fundamental principles of the Act.
Membership of the panel will include individuals with diverse expertise related to the PWA such as land and property law, local government, infrastructure, and Māori land.
The panel will convene in July and provide independent and specialist advice to the review.
Timeframe
Legislation giving effect to these changes is intended to be introduced to Parliament in mid-2025.
The public will have the opportunity to submit on any proposed amendments to the PWA through the Select Committee process, expected next year once draft legislation has been introduced.
Projects underway that involve the application of the PWA
The PWA continues to apply, including the existing processes and compensation. Current acquisition negotiations between acquiring agencies and affected parties will continue under the PWA.
Any changes to the operation of the PWA would not be implemented until legislation to amend the PWA is passed by Parliament.
Agencies will still need to acquire land to support the development of public works while the PWA review is underway.
Landowners and others affected by acquisitions under the PWA should continue to engage and negotiate with the agency that is seeking to acquire their land.
This is to ensure that public works can continue to be delivered while this review is underway, and that landowners have their concerns addressed and receive compensation as quickly as possible.