Court of Appeal Wellington
23 February 1989
Cooke P, McMullin and Somers JJ
23 February 1989
Cooke P, McMullin and Somers JJ
Public works — Compensation — Economic loss with no physical interference with the land — Limited access road — In 1971 National Roads Board declared that a particular State Highway be a limited access road — Declaration thwarted landowner's plans to subdivide his land — Whether landowner was entitled to compensation under Public Works Act 1928 for economic loss when there was no physical interference with his land — Whether the possibly wider rights to compensation which were available under Public Works Act 1981 applied in this case when the limited access road had been created under 1928 Act — Public Works Act 1928, s 42 - Public Works Amendment Act 1963, s 4 - Public Works Act 1981, ss 60, 153, 163 and 249.
Practice and procedure — Appeals to Court of Appeal — Leave to appeal — Land valuation proceedings — Claimant sought leave from Court of Appeal to appeal against the refusal of the Administrative Division of the High Court to allow his claim for compensation — Whether the application for leave should, in the first instance, have been made to the Administrative Division — Land Valuation Proceedings Act 1948, s 18A.
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