Rodney County Council v Harvey - [1989] 3 NZLR 478

Town and country planning — Subdivision of land — Roading contribution — County Council required owner on subdividing his land to contribute $24,750 towards upgrading adjacent road — Planning Tribunal on appeal reduced contribution to $5041 holding that other properties would gain more than would the owner's property and that owner would be disadvantaged as a vendor of his subdivision — Council appealed — Whether the fact that other properties would gain more by the upgrading than would the owner's property was a relevant consideration — Whether disadvantages to owner as a vendor were a relevant consideration — Whether Tribunal was empowered to direct that owner was entitled to nominate how and where his contribution should be spent — Whether Court had power to determine what was a fair and reasonable contribution — Local Government Act 1974, s 321A.