26 Aug 2014
BURMEISTER v REGISTRAR-GENERAL OF LAND [2014] NZHC 2033
- Citation
- [2014] NZHC 2033
- Court
- High Court
Section 179 operates as a statutory cap applied after ordinary assessment of loss; because the plaintiffs' loss assessed by ordinary principles exceeded the cap, recovery is limited to the value of the land and improvements at the date of deprivation ($215,000) plus interest at 5% to judgment; deductions for monies received do not reduce the statutory cap unless proven and applicable, and the alleged additional $15,000 was not proven.