S.73 Assistance Action Paper
Group Manager HNO Action Paper: yy/mm/01xx1
In Committee
National Office File Ref: PR9 -xx2
SAP Architectural Object number (s): 883xx
Prepared by
Title: name
Recommended by
Principal Property Manager: name
Endorsed by
National Property Manager: name
.
Address:
Owner:
Purpose
1
To seek approval to provide ‘Assistance to purchase a dwelling’ in the form of an advance in
accordance with Section 73 of the Public Works Act. The advance is needed as part of the
purchase of the residential property at [address]. The purchase is required for the _ project.
Recommendations
2
That the Group Manager HNO:
a.
approves the payment of up to $x0,000 as assistance to purchase the dwelling in
paragraph 1 under section 73 of the Public Works Act 1981, and
b.
notes that the property acquisition will be approved in accordance with the NZTA
Property Delegations of Authority if agreement is reached, and
c.
retains this Action Paper in committee until the property acquisition has been
completed, and
d.
agrees to take this paper out of Committee when the property acquisition has been
completed.
Approval
Approved/ Not approved/ Approved subject to the following conditions:
(Delete those not applicable)
Signature _________________________________
Date _________________
Group Manager Highways and Network Operations
1
Inserted by National Office
2
Insert: PR9-0106 for Auckland/Northland, PR9-0204 for Waikato/BoP, PR9-0512 for Wellington Office, PR9 0605 for
Christchurch Office
Action Paper: GM HNO yy/mm/0xxx
Background - S.73 Public Works Act
1
S.73 Public Works Act 1981 states that where the market value of an owner’s property is
insufficient to enable that owner to purchase a replacement property of a standard reasonably
comparable the notifying authority may advance to the Owner an amount it considers
reasonable to allow them to acquire another private residence of a reasonably comparable
standard.
2
To qualify, the property must be an owner’s principal private residence, the land must be
designated for the project concerned and the owner must give vacant possession as part of the
agreement.
3
Any money advanced shall constitute a debt and shall be a charge of that owner in the land or
their estate to be repaid when the estate is wound up or earlier if the Authority so decides. This
is registered on the land title pursuant to the Statutory Land Charge Registration Act 1928.
4
Any money advanced is to be repaid to the Authority at such reasonable times and on such
reasonable terms and conditions (including interest if any) as may be specified. A loan
agreement would document the transaction.
5
NZTA typically makes the S.73 advances on the basis of nil interest, with the capital to be
repaid when the replacement house is sold.
6
The delegation of authority for approving s.73 advances is held by the General Manager HNO.
Project Critique
3
The project that requires the property is summarised below:
Project name
Project priority3
Construction Start
Q?/201
Planning status
Designated, but/and .
Funding status
Property interests
required
?
No. outstanding including this
?
paper’s acquisition(s)
Need for the interest to be acquired
4
A shown in the Land Requirement Plan (Attachment A). the project will impact on the
property by
5
An area of … or .. % of the site is within the route designated for the project. The property is
required for .
6
The property is/not identified in the funding baseline for the 20xx/20xx year. If not in the
funding baseline, funding will be made available by substitution with other property
acquisitions.
3
NZTA National Ranking
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Action Paper: GM HNO yy/mm/0xxx
Interest to be Acquired
7
Description:

The property is a 0. hectare, ? shaped site. The property frontage is ? and the site contour
is ?

The property contains a ? m2 house constructed in the 19??s which is in ?? condition.

Particular features include . See Attachment C for photos of the property.
Negotiations and Proposed Financial Assistance
8
Property work began in ? with the release of the Land Requirement Plan (see Attachment A).
9
Contact was made on ? with the landowner by ? on NZTA’s behalf.
10 The negotiation continued through ….
7
The owner and the Transport Agency independently valued the subject property and agree that
the appropriate assessment is $.
8
The owner has advised that to buy a comparable dwelling in an acceptable area, she would
need to spend
9
The basis of ‘a standard reasonably comparable’ has been considered and the factor that is of
concern to the owner is ….
10 This view is supported by
Attachments
11
There are two attachments to this paper:
Attachment A: Land Requirement Plan or plan showing impact on the property
Attachment B: Location Plan
In Committee Status
12
This Action Paper is given In Committee status under Section 9(2)(j) of the Official
Information Act relating to NZ Transport’s Agency’s ability to carry on negotiations without
disadvantage until settlement has been effected.
Signatures of Endorsement and Recommendation
Recommended
Author
Recommended
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Action Paper: GM HNO yy/mm/0xxx
Principal Property Manager
Endorsed by
Highway Manager
Endorsed by
National Property Manager
Page 4 of 6
Action Paper: GM HNO yy/mm/0xxx
Attachment A – Land Requirement Plan/Site Impact Plan
Page 5 of 6
Action Paper: GM HNO yy/mm/0xxx
Attachment B – Location Plan
Page 6 of 6