Independent expert advisory panel, including notable lawyers, reviewed legislation
The New Zealand government has reviewed the Public Works Act 1981, with the goal of making changes to improve the legislation’s fairness and efficiency and to make it simpler to acquire land for critical projects.
The government is considering changes seeking to reduce the likelihood of budget blow-outs and delays and to assist it in growing the economy and delivering the public services that Kiwis need, said Chris Penk, New Zealand’s minister for land information and minister for building and construction, in a news release.
An independent expert advisory panel, comprising notable lawyers, conducted a targeted review of the legislation, identified areas where it potentially lacked clarity and common sense, and provided its recommendations to Penk.
The Public Works Act, which enables the government to acquire land for critical public infrastructure, was no longer suitable for its purpose, given that it has not seen substantial amendments since 1988, Penk said in the government’s news release.
Under the legislation, infrastructure projects should comply with a high standard, namely they should have national and regional significance, Penk noted in the news release.
“While a high threshold is important for protecting private property rights, there are many worthy and necessary projects that are vital for a particular region or community but may not be nationally significant,” Penk said in the news release.
Penk also pointed out how the construction of large-scale modern infrastructure can often lead to a knock-on effect where upgrades or moves of existing projects are necessary to accommodate new projects.
Penk listed as examples the way building new state highways can require constructing connecting regional roads and the way widening a road can require moving power pylons.
The legislation does not sufficiently support the government’s needs of working across various agencies at both a central and regional level and acquiring land for direct and indirect purposes, Penk explained in the news release.
“I’m looking forward to considering the review’s findings and recommendations in more detail and expect to announce policy decisions about changes to the Act by the end of the year, with a view of the Public Works Act Amendment Bill being introduced to Parliament in mid-2025,” Penk said in the government’s news release.
New Zealand has a known infrastructure deficit that limits its social, economic, and environmental growth, Penk also said in the government’s news release.
The country needs to fix its pipes, to increase the capacity of its schools and hospitals, and to build more houses, roads, and renewable energy sources so that it can improve New Zealanders’ productivity and standard of living, Penk added in the news release.
