Mackay v Stratford Borough - [1957] NZLR 96

Town and Country Planning — Refusal of Building Permit by Borough Council — Land subsequently taken under Public Works Act — Right to recover Compensation for Loss arising from Such Refusal — Right to recover Compensation for Land Taken — Separate and Independent Rights — Claims for Compensation in Respect of Each Cumulative — Same Procedure, under Public Works Act in Respect of Both Claims, with Like Mode of Assessment of Compensation — Claimant's Application to Town and Country Planning Appeal Board for Order requiring Borough Council to take Land under Public Works Act, not Election to accept Compensation under that Statute in Full Settlement of Both Claims for Compensation — Town and Country Planning Act 1953, ss 38, 44 (1) (3), 45, 47 (3) — Public Works Act 1928, s 42.

Public Works — Land in Borough taken for Public Work — Council's Previous Refusal under Town and Country Planning Act 1953 of Building Permit — Right to Compensation for Land taken cumulative with Right to Compensation for Refusal of Building Permit — Procedure under Public Works Act in Respect of Both Claims — Public Works Act 1928, s 42.