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237G: Compensation
or “The government pays landowners money when it takes their big waterside properties for public use.”

You could also call this:

“This law explains how to figure out the cost of land for parks near water if people can't agree on the price.”

If you and the local council or the government can’t agree on how much money you should get for your land, including any extra costs for surveys, someone else will decide for you. This person is called a registered valuer. You and the council or government will choose this valuer together. If you can’t agree on who to choose, the President of the New Zealand Institute of Valuers will pick someone. The valuer will tell both sides what they decide.

If you’re not happy with what the valuer decides, you can tell them why within 20 working days. You need to write down why you disagree.

There are special rules about how to handle disagreements with the valuer’s decision. These rules are similar to ones used for other types of property valuations. The valuer will act like they were hired by a local council to look at your disagreement.

The amount of money you get will depend on what’s being done with your land. If it’s becoming an esplanade reserve (a piece of land set aside near water), you’ll get the value of that land. If it’s becoming an esplanade strip (where people can walk along the edge of your land), you’ll get the value of that right to walk there. You’ll also get money for any extra survey costs because of the reserve or strip. The value is based on the date when the survey plan is officially recorded.

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Next up: 238: Vesting of roads

or “Roads shown on survey plans become owned by the right authority without any extra paperwork.”

Part 10 Subdivision and reclamations
Esplanade reserves

237HValuation

  1. If the territorial authority or Crown, as the case may be, and the registered owner cannot agree as to the amount of compensation, including any additional survey costs, payable under section 237E, section 237F, or section 237G, the amount shall be determined by a registered valuer agreed on by the parties (or, failing agreement, nominated by the President of the New Zealand Institute of Valuers), who shall provide a copy of the determination to all parties.

  2. The territorial authority or Crown, as the case may be, or the registered owner who is dissatisfied with the determination under subsection (1) may, within 20 working days after service of the determination, object to the determination to the registered valuer in writing, stating the grounds of objection.

  3. Sections 34, 35, 36, and 38 of the Rating Valuations Act 1998 (and any regulations made under that Act relating to reviews and objections), as far as they are applicable and with all necessary modifications, are to apply to the objection as if—

  4. the registered valuer had been appointed by a territorial authority to review the objection; and
    1. the review had been made under section 34 of that Act; and
      1. the references to a territorial authority in sections 34(4), 35, and 36 of that Act were references to the registered valuer.
        1. For the purposes of this section and of sections 237E to 237G, the amount of compensation shall be equal to—

        2. in the case of an esplanade reserve, the value of the land set aside:
          1. in the case of an esplanade strip, the value of the interest in land created—
            1. and any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan.

            Notes
            • Section 237H: inserted, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
            • Section 237H(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 237H(1): amended, on , by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).
            • Section 237H(2): replaced, on , by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).
            • Section 237H(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 237H(3): replaced, on , by section 54(1) of the Rating Valuations Act 1998 (1998 No 69).