Plain language law

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Land Transfer Act 2017

Land title and registration - Compensation - Calculation of compensation for deprivation of estate or interest in land

64: Maximum amount of compensation for deprivation of estate or interest in land

You could also call this:

"Maximum amount of money you can get if your land is taken away"

Illustration for Land Transfer Act 2017

You can get compensation if you lose an estate or interest in land. The maximum amount you can get is the value of what you lost. If you are a mortgagee, you will not get compensation for any amount owing on the mortgage that is more than the value of the estate or interest in land you lost. You should look at sections 65, 66, and 67 for more information about this. These sections can affect how much compensation you get. They are important to understand if you are claiming compensation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731209.

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63: Consideration of claim, or

"When you make a claim, officials decide if they can pay it without a court case."

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65: Valuation of estate or interest in land and matters relating to onus of proof, or

"Working out the value of lost land and who proves what happened"

Part 2Land title and registration
Compensation: Calculation of compensation for deprivation of estate or interest in land

64Maximum amount of compensation for deprivation of estate or interest in land

  1. The maximum amount of compensation payable where a claimant has been deprived of an estate or interest in land is the value of the lost estate or interest in land.

  2. Where the claimant is a mortgagee, no compensation is payable for any amount owing on the mortgage that exceeds the value of the estate or interest in land that the mortgagee has been deprived of.

  3. This section is subject to sections 65, 66, and 67.

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