New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Public works act 1981 s 62(1)(d)
  • 16 Apr 2015

    PALMERSTON NORTH CITY COUNCIL v HARDIWAY ENTERPRISES LIMITED CA78/2014 [2015] NZCA 114

    Citation
    [2015] NZCA 114
    Court
    Court of Appeal

    Both limbs of s 62(1)(d) apply: Lot 18 had special suitability as the linear extension of Valley Views Road to provide public road access to Lot 51, that purpose could only be effected by the exercise of statutory powers by the local authority, and there was no actual market for that specific purpose other than the special needs of the owner of Lot 51 and the Council; therefore the special suitability must be disregarded in valuation and the Land Valuation Tribunal decision (valuation $36,000) is reinstated.

    • Public works act 1981 s 62(1)(d)
    • Compensation assessment
    • Statutory interpretation
    • Land valuation