Formal Opposition to

Public Works (Critical Infrastructure) Amendment Bill

(Government Bill 149–1, Chris Penk)

From: Ukes Baha | 05 June 2025

Submitted in response to the call for public submissions on the Public Works (Critical Infrastructure) Amendment Bill.

Summary of Position

I strongly oppose the Public Works (Critical Infrastructure) Amendment Bill. This bill grants sweeping powers to forcibly acquire land under a fast-tracked regime, stripping away consultation rights, due process, and Treaty protections. It puts private development ahead of public good and sets a dangerous precedent: that urgency justifies everything.

It rewrites the Public Works Act to suit developers, not the people. Compensation becomes transactional and capped. The right to object is diluted. “Critical infrastructure” is undefined and left to opaque external legislation, including the Fast-track Approvals Act, bypassing democratic scrutiny.

This bill is not about roads or power lines. It is about removing resistance. And it sets a chilling precedent — eroding local voice, Treaty rights, and environmental protection in the name of convenience.

1. Fast-Track Compulsion Disguised as Reform

The bill creates a new regime (Part 2A) for “critical infrastructure” that:

This is not streamlining. It is silencing.

2. Te Tiriti and Māori Land: Protections on Paper, Strings in Practice

While protected Māori land is nominally exempt from Part 2A (section 39AAD), the bill:

Crown-titled protections are redefined as obstacles — and treated as optional.

3. Coercive Compensation Model

The compensation regime (sections 39AAK, 72F) is capped and designed to reward compliance:

This is not fair compensation for public good — it is coercive incentivisation, commodifying the very act of resistance.

4. Critical Infrastructure: Vague, Unaccountable, and Expansive

The bill leaves “critical infrastructure project” undefined, deferring to:

This:

This is power by stealth — redefining infrastructure as anything politically convenient.

5. Submission Rights Reduced to Box-Ticking

Under this regime:

Public participation becomes a formality — a tick-box exercise, not a safeguard.

6. Hollow Review, No Sunset

The “review” (section 39AAP) offers no real protection:

It is a delay tactic, not a safety net.

7. Broader Implications: Constitutional Erosion and Environmental Harm

This bill fits a broader trend:

When combined with the Fast-track Approvals Act and ongoing Treaty dilution, this bill is part of a coordinated attack on local democracy and constitutional balance — removing accountability in favour of convenience.

Conclusion and Recommendations

I urge the Committee to reject this bill in full. If not withdrawn entirely, the following amendments are critical:

Infrastructure should serve people and the land — not override them.

Respectfully submitted,

Ukes Baha

Public Health Advocate | Counsellor | Policy Analyst

ukesbaha.com