19 Dec 2006
WAITAKERE CITY COUNCIL V ESTATE HOMES LIMITED SC 73/2005
- Citation
- SC 73/2005
- Court
- Supreme Court
The Supreme Court held the Council's requirement was a lawful condition capable of being imposed under s108(2)(c) RMA and did not amount to a taking invoking the presumption of statutory compensation; the Environment Court erred in allowing Estate Homes to expand its compensation claim beyond the basis stated in its application and in treating the matter as a taking; the appropriate remedy is to refer the issue of what compensation is required to make the condition reasonable (collector v local road comparator) back to the Environment Court for determination, and the Court awarded costs of $1…