(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.
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.
The bill creates a new regime (Part 2A) for “critical infrastructure” that:
This is not streamlining. It is silencing.
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.
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.
The bill leaves “critical infrastructure project” undefined, deferring to:
This:
This is power by stealth — redefining infrastructure as anything politically convenient.
Under this regime:
Public participation becomes a formality — a tick-box exercise, not a safeguard.
The “review” (section 39AAP) offers no real protection:
It is a delay tactic, not a safety net.
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.
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 If not withdrawn entirely, the following amendments are critical: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.