New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disturbance payments

Legal area

Court

18 Sept 2017

ACE DEVELOPMENTS LTD v ATTORNEY-GENERAL [2017] NZCA 409

Citation

[2017]3 NZLR 728
Court

Court of Appeal

The Court held s61 of the Canterbury Earthquake Recovery Act excludes 'economic or consequential loss' from compensable loss and relocation costs consisting of the capital cost of acquiring substitute land are consequential economic loss and therefore excluded; s64(3) incorporates the relevant machinery of Part 5 Public Works Act (market valuation and related provisions) 'so far as practicable' but does not transform the Act into full application of Part 5 to override s61; s66 does not permit recovery of the purchase price of substitute land though incidental relocation costs (reasonable demo…
17 Oct 2016

ACE DEVELOPMENTS LIMITED v ATTORNEY-GENERAL [2016] NZHC 2467

Citation

[2016] NZHC 2467
Court

High Court

Leave to adduce further evidence was refused because ADL failed to show special reasons under r 20.16 (it had the opportunity and chose its strategy before the Compensation Panel), and the proposed evidence was not material or relevant to compensation available under the CER Act given the statutory definition of "compensation" and the limits of s 66 Public Works Act 1981; admitting the evidence would improperly recast the case and undermine the Minister's statutory function.