Hardiway Enterprises Limited v Palmerston North City Council

[2014] NZHC 46

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV-2011-454-000351 [2014] NZHC 46

UNDER  Section 26 of the Land Valuation

Proceedings Act 1948

IN THE MATTER             of an appeal against a decision of the Land Valuation Tribunal on a claim for compensation under s 80 of the Public Works Act 1981

BETWEEN  HARDIWAY ENTERPRISES LIMITED Appellant

ANDPALMERSTON NORTH CITY COUNCIL

Respondent

Judgment:                3 February 2014

JUDGMENT OF COLLINS [Leave to Appeal]

[1]      On 11 September 2013 Mr Larmer and I delivered our judgment in which we allowed an appeal by Hardiway Enterprises Ltd (Hardiway) from a decision of the Land Valuation Tribunal concerning the value it placed on a small lot of land owned by Hardiway near Palmerston North.

[2]      On 23 September 2013 the Palmerston North City Council applied for leave to appeal our decision to the Court of Appeal.  The notice of application sets out in Schedule 1 three proposed questions for the Court of Appeal to determine.   The application  for  leave  to  appeal  is  opposed.    Memoranda  have  been  exchanged between counsel culminating in submissions in reply from the Palmerston North City

Council’s counsel on 30 January 2014.

HARDIWAY ENTERPRISES LIMITED v PALMERSTON NORTH CITY COUNCIL [2014] NZHC 46 [3

February 2014]

[3]      I am satisfied that the questions posed are questions of law which are of sufficient general importance to justify a further appeal to the Court of Appeal.

[4]      Accordingly, I grant leave for the three questions posed in the application for leave to appeal to be pursued before the Court of Appeal.

D B Collins J

Solicitors:

Fitzherbert Rowe, Palmerston North for Appellant

Cooper Rapley, Palmerston North for Respondent