Flath v Minister for Land Information - [2024] 2 NZLR 325

Public works — Compulsory acquisition — Compensation — Willing buyer/willing seller — Highest and best use — Imaginary market — Principle of equivalence — Potentialities — Allowance for realising potentialities — Principle of liberality — Whether “general demand or market” — Before/after approach — Permissible not mandatory — Tribunal’s reasons inadequate but did not use before/after approach — Entitled to deduct costs of subdivision — Otherwise against principle of equivalence — Public Works Act 1981 s 62.

Public works — Compulsory acquisition — Injurious affection — Depreciation of remaining land — Loss by operation of the public work — Graduated discount appropriate on facts.