1 Apr 2014
BURMEISTER v REGISTRAR-GENERAL OF LAND [2014] NZHC 631
- Citation
- (2014) 15 NZCPR 91
- Court
- High Court
Section 172(b) applies where a registered proprietor is deprived of land or an interest through registration caused by fraud and is barred from recovery by the Act; 'deprived' means dispossessed by the operation of the Act, and 'barred by the Act' includes the indefeasibility protections in ss 63 and 183; claimant carelessness does not preclude entitlement to compensation under s172(b) nor require proof that claimant would have succeeded at common law; compensation is limited by s179 to the value of the land/interest at the time of deprivation plus ordinary interest at 5% per annum.