As more land and property is acquired as government bodies champion infrastructure and development, it’s now more important than ever to be across the often complex and contentious process of compulsory land acquisition. With complications at every turn: resistance from property owners, valuation disputes., environmental concerns and inadequate compensation. Ensure you have a considered and robust approach to mitigate distress by attending this public works act intensive.
Chair:
Graeme Todd, Principal, Todd & Walker Law
The Land Acquisition Resolution Service: Reaching agreement to the acquisition of land through mediation
- The availability of LARS
- The process to apply
- Funding of costs
- Preparation for, and the process at the mediation: Tips and Tricks
Presented by Ken Fletcher, Facilitator and Mediator, Fair Way's LARS Panel
Public Works Act 1981: Practice and Procedure
- Discussion of the people, processes and practices involved in Public Works Act acquisitions
- Particular focus on giving landowners’ lawyers an insight into what happens on the ‘other side’ and understanding their perspective
- Guidance for engaging effectively with the acquiring authority
- Overview of key compensation provisions and compulsory acquisition process
Presented by Matthew Ockleston, Partner, Dentons Kensington Swan
Māori Land Considerations and Public Works Acquisitions
This session will examine the public works mechanism and its impact on Māori land historically, recent legislative developments and relevant tikanga considerations for those working in this area. Plus, discuss the emerging issue of landlocked Māori land, and the availability or otherwise of whānau, hapū and iwi of compulsory acquisition mechanisms to provide better access to Māori land.
- Consideration of the interplay between the Public Works Act and Te Ture Whenua Māori Act 1993
- Examination of recent legislative amendments and decisions regarding landlocked land
- Practical considerations of tikanga and public works acquisitions
Presented by Kylee Katipo, Managing Associate, McCaw Lewis Lawyers
Learning Objectives:
- Examine the principles of land acquisition and compensation under the public works act 1981
- Consider the broader interplay between the PWA and Te Ture Whenua Māori Act 1993
- Receive practical information on mediating land acquisitions arising under the New Zealand Upgrade Programme
Description
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in October 2023
Attend and earn 3 CPD hours
Presenters
Matthew Ockleston, Partner, Dentons Kensington Swan
Matthew is a partner and Business Unit Leader in Denton’s real estate team. He has over 20 years’ experience, particularly with the Public Works Act, infrastructure projects and public law. As a Public Works Act specialist, Matthew is uniquely positioned to advise government agencies on the property issues associated with large infrastructure projects, in particular the acquisition of land for new roads and the assessment of compensation. He has acted for the Waka Kotahi NZ Transport Agency on almost every major State Highway project in the North Island since 2004, including the Waterview Connection, Wellington Northern Corridor, Waikato Expressway and Auckland Northern Corridor Improvements, as well as the NZ$3.4 billion Auckland City Rail Link.
Kylee Katipo, Director, McCaw Lewis Lawyers
Kylee specialises in Māori Land, Resource Management and Te Tiriti o Waitangi matters. She has experience in providing legal and strategic advice to Iwi, Hapū, Whānau and Beneficial Owners of Māori Land across Aotearoa. Kylee has significant court experience and has represented clients in the Māori Appellate Court, Māori Land Court, Waitangi Tribunal, Environment Court and High Court. Prior to joining McCaw Lewis Kylee worked at the Māori Land Court as Research Counsel for the Māori Land Court judiciary. Kylee has served as Secretary for Te Hunga Roia Māori o Aotearoa and Waikato co-representative for Te Hunga Roia Māori o Aotearoa and is actively involved in competitions and lecturing at Te Piringa Faculty of Law at The University of Waikato.
Ken Fletcher, Facilitator and Mediator, Fair Way's LARS Panel
Ken is an experienced mediator with a background as an economist, an Environment Court Commissioner, and an Independent RMA Commissioner. He is on the AMINZ Rural, Environment and Farm Debt mediation panels. He did extensive earthquake related mediation and was on the mediation panels for the Residential Advisory Service (RAS) and EQC mediation services
