24 Mar 2023
COOPER v HASTINGS DISTRICT COUNCIL [2023] NZHC 611
- Citation
- [2023] NZHC 611
- Court
- High Court
The Court held rezoning is not itself a 'work' under the Public Works Act; the relevant works are the Council-controlled roading and stormwater infrastructure; causation is required under s 62(1)(e) and here rezoning caused the need for the works (not vice versa) so alleged betterment is not established as caused by the works; accordingly the land taken must be valued having regard to the residential zoning and the Council's counterclaim is dismissed.