14 Nov 2008
TE WHAITI NUI A TOI TRUST V WHAKATANE DISTRICT COUNCIL HC ROT CIV 2007-463-998
- Citation
- openlaw-6c9a1017_343a_4601_89ba_ae4643a8c1b4.pdf
- Court
- High Court
The Tribunal erred in refusing to make any deduction for the value of native trees despite statutory direction in s20 and the only valuation evidence addressing that issue; where comparable sales are sparse, a valuer's informed judgment to apportion value (even if subjective) must be considered and the matter was remitted for reconsideration in light of s20.