6 Sept 2013
HARDIWAY ENTERPRISES LIMITED v PALMERSTON NORTH CITY COUNCIL [2013] NZHC 2310
- Citation
- [2013] 3 NZLR 848
- Court
- High Court
Section 62(1)(d) does not apply because the special suitability of Lot 18 as access was not solely the product of statutory powers nor restricted to a purchaser with unique needs; the Tribunal erred in underestimating the effect and difficulty of overcoming restrictive covenants and in its valuation methodology (including improper reliance on party bargaining positions and misapplication of Pointe Gourde). The appeal is allowed and the matter is remitted to the Land Valuation Tribunal for further valuation evidence and reassessment consistent with this judgment.