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LOCAL GOVERNMENT ACT 2009 - SECT 63
Appeal on a claim for compensation
63 Appeal on a claim for compensation
(1) A person who is aggrieved by the decision of a local government on a claim
for compensation may appeal against the decision to the Land Court.
(2) The
appeal must be started within 30 days after— (a) notice of the decision is
given to the claimant; or
(b) the decision is taken to have been made.
(3)
However, the Land Court may extend the period if satisfied in all the
circumstances that it is reasonable to do so.
(4) In order to award
compensation, the Land Court must be satisfied— (a) if the land has been
sold— (i) the seller took reasonable steps to obtain a reasonable price for
the land; and
(ii) the seller sold the land in good faith; and
(iii) the
sale price is less than the seller might reasonably have expected to receive
had there been no notice of intention to acquire land; or
(b) if a
local government refused the owner permission to erect, place, re-erect,
replace or repair any structure, or part of a structure, on the land—the
permission was applied for in good faith.
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