Work category 333: Advance property purchase – local roads

Introduction

This work category A type of activity – not confined to a particular activity class, e.g. new roads (work category 323) appears in:

* activity class 12 – local road improvements
* activity class 13 – state highways improvements provides for property acquisition for local roading purposes, prior to the Transport Agency approving funding for the construction/implementation of a project.

Principles and conditions, where relevant, may be applied to other activity classes

The principles and conditions of advance property purchase for local roads set out below may be applied to other activities classes, e.g. public transport improvements, walking and cycling improvements, where the Transport Agency has agreed that it will assist the funding for property purchased for land transport purposes prior to it approving funding for the construction/implementation of a project.

Specific conditions below will be waived by the Transport Agency where it decides these are not relevant to other activity classes. The Transport Agency may require additional conditions to apply to specific cases involving other activity classes.

Advance property purchase for other activity classes will be funded under the same work category A type of activity – not confined to a particular activity class, e.g. new roads (work category 323) appears in:

* activity class 12 – local road improvements
* activity class 13 – state highways improvements that will be applied to construction/ implementation of the project, e.g. work category 531 for public transport infrastructure projects.

Examples of qualifying activities

Examples of qualifying activities include, but may not be limited to:

• valuation
• legal surveys
• acquisitions
• compensation.

Other potential activities not shown above should be discussed with the Transport Agency for eligibility.

Funding is subject to the conditions set out below.

Exclusions

Exclusions include:

• property purchase costs of less than $50,000 – these are to be included in the project costs conducted under the appropriate work category A type of activity – not confined to a particular activity class, e.g. new roads (work category 323) appears in:
  
  * activity class 12 – local road improvements
  * activity class 13 – state highways improvements , and
• where an exchange of land occurs between a private landowner and an Approved Organisation, or where land is vested in an Approved Organisation by a private owner required to do so without monetary payment for the land, the transaction does not qualify for funding assistance. However, where these involve payment of land transfer fees or stamp duty, these costs can be included as acquisition costs.

Conditions

Conditions for funding assistance include:

• funding assistance will be based on the greater of the purchase price or current market value
• the land must be designated in the district plan for road purposes
• the preferred option for the programme, package or project must be endorsed by the Transport Agency and should be a major element in the improvement of the road system
• the Transport Agency’s financial interest will be registered on the property title by way of a caveat registered by the Transport Agency. If any property deemed surplus to transport needs is sold or transferred, the Transport Agency will withdraw any registered caveat on settlement provided its share is to be reimbursed to the Transport Agency within five working days from the settlement date of the sale or transfer. The Transport Agency’s share will be in the same proportion as its contribution was to the total purchase price or market value of the property when assisted with funding from the National Land Transport Fund (NLTF The fund established under section 10 of the LTMA ).
• additionally, the Transport Agency will, at the end of each financial year receive its share of all net income received from the property (e.g. any rental income) between the date funding was advanced from the NLTF The fund established under section 10 of the LTMA  in respect of the property and:
  • for land needed for transport purposes, the start of construction; and
  • for land not required for transport purposes, its sale or transfer.
• the Transport Agency is to be given the opportunity to express a view on the proposed disposal or alteration to the property
• the purchase is required for hardship reasons or for other situations as specifically approved by the Transport Agency 
• legalisation surveys Surveys related to the formal acquisition and documentation of land for roads. , including plan fees payable to Terralink, are to be treated as part of the land acquisition cost. no other expenses involved in the legalisation process are eligible for funding assistance
• any payment for Betterment The increased value of land arising from improved access in terms of s.326 of the Local Government Act. recovered in terms of section 326 of the local government act 1974 shall be a credit to the cost of the project – see betterment.
• all costs must be identified by project and available for audit
• a land plan must be available for audit purposes and must indicate the area of land to be purchased and the part that is to be converted to road reserve A legally described area within which facilities such as roads, footpaths That portion of the road reserve set aside for the use of pedestrians only. and associated features may be constructed and maintained for public travel. , with each individual property to be identified on the plan, and
• while the land is held by the Approved Organisation, prior to its use in a transport activity and/or disposal, a property report must be submitted on TIO The NZTA's web-based funding allocation system. each year.

Funding assistance rate (FAR The usual contribution in percentage terms, that the NZTA augments funding of an approved organisation, for the delivery of an activity or combination of activities. )

The usual funding assistance rate is:

• the Approved Organisation's normal FAR, or
• the Approved Organisation's special purpose road improvements FAR.

Applying for funding approval

Applications for funding approval of advance property purchase should be made through the 'Improvement activity' module in Transport Investment Online (TIO The NZTA's web-based funding allocation system. ). In most cases, the application will be made as the Property phase of an existing project.

Registration of caveat by Transport Agency legal team

The Transport Agency legal team will assist regional Transport Agency staff in registering caveats as required under the conditions of funding.