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
10.00am to 11.00am Compulsory Acquisition and Compensation: Case Law Update in the Environment Court and Superior Courts
Recent cases concerning the following topics will be covered:
- The nature and extent of the duty of the acquiring authority, Environment Court, and the Minister for Land Information to consider alternative sites, routes, or other methods for achieving the objectives of the acquiring authority
- Novel issues concerning the assessment of compensation for compulsory acquisition of land and interests in lands
- Latest developments regarding the obligation to ‘offer back’ compulsorily acquired land that is no longer required for a public work
Presented by Rowan Ashton, Senior Associate, Brookfields Lawyers
12.15pm to 1.15pm 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
9.00am to 10.00am 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
11.15am to 12.15pm 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
11.00am to 11.15am Morning Tea
Learning Objectives:
- Examine the principles of land acquisition and compensation under the public works act 1981
- Explore compulsory acquisition and compensation obligations by taking a deep dive into recent case law from the Environment Court and Superior Courts
- 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
Attend and earn 4 CPD hours
Presenters
Mr. Graeme Todd, Principal, Todd & Walker Law
Graeme has been a trusted legal adviser in the Queenstown Lakes region for in excess of 40 years. He works with private and corporate entities, overseas residents, multinational corporations and local authorities. Graeme has considerable experience in several specialist areas, including advising on the acquisition of large farms and other significant commercial and property transactions and developments. He is also a primary adviser on applications and proceedings under the Overseas Investment Act . Graeme is also a senior member of the Resource Management Law bar and has acted on some of the largest resource management cases in the South Island. Raised in Invercargill, Graeme has practised law since 1981. In 2009, Graeme’s service to the law and the community was recognised by the Archbishop of Canterbury with a South Island warrant to act as a Notary Public. In 2010 he launched the firm now known as TODD& WALKER Law . From practicising on his own account the firm now employs in excess of 30 partners and staff and is continuing to grow at a rapid rate.
Mr. Matthew Ockleston, Partner, Dentons Kensington Swan
Matthew is a specialist in the Public Works Act, under which the Crown and local authorities acquire land for public works such as roads, schools or parks, and related roading legislation. With over 20 years’ experience, Matthew is uniquely positioned to advise central and local government agencies on the property issues associated with large infrastructure projects, in particular roading and railways. He has acted on almost every major State Highway project in the North Island since 2004, including the Waterview Connection, Wellington Northern Corridor (McKays to Peka Peka, Peka Peka to Otaki, and Otaki to North of Levin sections), Melling Transport Improvements, Waikato Expressway and the Auckland City Rail Link. He is ranked in the Chambers & Partners Asia-Pacific and Legal 500 Asia Pacific international directories. Matthew has the relatively rare distinction, for a lawyer, of having been elected a Member of the Royal Institution of Chartered Surveyors (RICS), a prestigious global organisation for professionals in the valuation, real estate, construction and infrastructure industries. Matthew advises on a range of matters, from helping to negotiate and settle the acquisition of land for public works, to providing strategic advice on how to manage the acquisition process and deal with compensation and compulsory acquisition. He also advises on property management and disposal issues, including the numerous government disposal processes and obligations. Matthew has held a number of management and governance roles with the Firm.
Mr. Rowan Ashton, Senior Associate, Brookfields Lawyers
Rowan specialises in resource management, local government and public law. He has experience in a diverse range of matters concerning natural resources, urban and land development, plan policy, development contributions, events, historic heritage, biosecurity, fisheries, judicial review, due diligence and local government law. Prior to joining Brookfields, Rowan worked in a barristers chambers and a boutique firm specialising in environmental law. Rowan has appeared as counsel before the Environment Court and as junior counsel before the High Court and Court of Appeal.
Ms. Kylee Katipo, Managing Associate, 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.
Mr. 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
