19 Feb 2018
The Tribunal's unimproved land value of $370,000 as at 1 September 2015 was supported by comparable sales evidence and market uplift evidence, and the objector failed to discharge the evidential onus to show the Valuer‑General's revaluation was wrong; no legal error justified disturbing the Tribunal's valuation.
16 Apr 2015
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.
17 Dec 2014
Leave to appeal was refused because the applicant failed to identify any question of law or general principle for this Court, the issues advanced were a factual rerun of matters fully considered by the Tribunal and the High Court with no discernible error, the matters were not of sufficient public or private importance to justify a second appeal, and new factual material is inappropriate on a second appeal.
4 Apr 2012
Section 21 does not automatically bar consideration of leases in rating valuations but where lease and statutory restrictions are consistent with and facilitative of the highest and best use (marina) they do not reduce the Council's fee simple land value; reclaimed ground did not justify the large reductions claimed because likely development requires only raft foundations so only minor adjustment was warranted; appeal dismissed.
28 Mar 2012
The Tribunal's general power to award costs under the LVP Act is derived from the Commissions of Inquiry Act 1908 by s19(14), but the 1903 Order prescribing a maximum costs award of £300 (now $600) enured into the COI Act and therefore circumscribes the Tribunal's power; the Tribunal exceeded that jurisdiction in awarding costs (including witness expenses) above that cap, so its costs order, and the consequential High Court costs order, were quashed.
16 Dec 2009
Leave to appeal was granted limited to two costs questions: (1) whether the Land Valuation Tribunal had jurisdiction to award costs in favour of the Crown and (2) whether the Tribunal's award of costs was excessive; other grounds for further appeal were declined. The High Court's power to award costs under s37A is clear and binds the Crown; the continued force of the 1903 scale limiting costs to £300 is a live legal question appropriate for appeal.
11 Dec 2007
The Tribunal erred in methodology by amalgamating disparate parts of two valuers' separate valuation exercises rather than determining the market value of the whole property; it compounded that error with an arithmetical mistake in applying the 30% discount and by treating a GST‑inclusive figure as exclusive. Because those errors undermined the Tribunal's valuation the Court re‑valued the property adopting the respondent's residential conversion approach for the boiler house and $25/m2 for the balance, fixing market value at NZD 400000 inclusive of GST; the Tribunal's direction regarding fuel…
3 Oct 2007
The applicant failed to establish excessive delay or undue prejudice: delays by the respondent in paying the tribunal award and lack of evidence of respondent action between Feb 2006 and Jul 2007 undermined the dismissal application; appellants expressed intent to proceed; in the interests of justice the appeal must go to hearing, therefore the r712 application is dismissed.