11 Mar 2015
AUCKLAND COUNCIL V GREEN & MCCAHILL HOLDINGS LTD CA307/2013 [2015] NZCA 20 [11 March 2015]
- Citation
- [2015] NZAR 849
- Court
- Court of Appeal
The Tribunal erred in assuming the Penlink Road had been completed for the purposes of assessing betterment; under s62(1)(e) betterment must be proven as factually caused by the work or its prospect at the specified date and the before-and-after method for unmarketable land does not automatically permit assuming completion of the work.