Land Transfer Act 2017

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

68: Court’s discretion to adjust compensation

You could also call this:

"The court can adjust the amount of compensation you get for your land if it's unfair."

You can go to court to sort out compensation for land. The court can change the amount of compensation if it thinks the amount is too high or too low. It can use a different date to work out the market value. The court looks at a few things when deciding whether to change the compensation. This includes how long it took you to tell the court about your claim after you found out about the loss. It also looks at any changes in market values since the date the loss happened. The court can only change the compensation in certain situations. It cannot change the compensation for any other reason except as stated in the law, such as in sections 64 to 67, section 65(1), section 62, or section 69.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731213.

This page was last updated on 24 December 2025 — View changes

Topics:

Housing and property > Land useMoney and consumer rights > Consumer protection

67: Benefit obtained by claimant to be taken into account, or

"Consider any benefits you already have when working out compensation"

69: Contribution by claimant to loss, or

"No compensation if your actions caused the loss or damage"

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

68Court’s discretion to adjust compensation

If the proceeding is in the court and the court considers that the amount of compensation determined in accordance with sections 64 to 67 would be inadequate or excessive, the court may use the market value as at a different date to that set in section 65(1) (including, if the court thinks fit, as at the date of the judgment of the court in the proceeding).
When deciding whether to adjust compensation up or down under subsection (1), the court must take into account—
whether the time taken by the claimant between the date on which the claimant gained (or ought reasonably to have gained) knowledge of the loss and the date on which the claimant gave notice under section 62 was excessive in the circumstances; and
any increase in market values between the date set in section 65(1) and the date of the judgment of the court in the proceeding.

The court must not adjust compensation on any basis other than that provided for in subsection (1) or section 69.