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Land Transfer Act 2017

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

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

You could also call this:

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

Illustration for Land Transfer Act 2017

When you are working out how much money you should get because you lost some land, you need to figure out what the land was worth at a certain time. This time is when you found out, or should have found out, that you lost the land. The value of the land is what someone would normally pay for it at that time. If the government says you should have known about the loss earlier, they have to prove it. They need to show that a reasonable person would have known about the loss before you did. You do not have to prove this, the government does.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731210.

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

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

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66: Improvements made to land, or

"What happens to improvements made to land when working out compensation"

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

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

  1. The value of the estate or interest in land is the market value of that estate or interest at the date on which the claimant gained (or ought reasonably to have gained) knowledge that the loss had occurred.

  2. The Crown has the onus of proof if it alleges that a reasonable person would have gained knowledge of the loss on an earlier date than the claimant.