sec.35Prescribed criteria for deciding compensation by Land Court— Act , s 100

sec.35 Prescribed criteria for deciding compensation by Land Court— Act , s 100

For section 100 (3) (a) of the Act , the criteria the Land Court may have regard to, in deciding a resource authority holder’s compensation liability to a public road authority, are each of the following— the reasonableness of the cost, damage or loss claimed by the authority; if the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for — a notifiable road use; or rates or charges under the Local Government Act 2009 ; any other relevant matter. In considering under subsection (1) (a) the reasonableness of the cost, damage or loss claimed by the authority, the Land Court may have regard to— any action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and any act or omission of the authority relevant to the cost, damage or loss. Subsection (1) (b) (ii) applies whether or not the rates or charges relate to a notifiable road use. (sec.35-ssec.1) For section 100 (3) (a) of the Act , the criteria the Land Court may have regard to, in deciding a resource authority holder’s compensation liability to a public road authority, are each of the following— the reasonableness of the cost, damage or loss claimed by the authority; if the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for — a notifiable road use; or rates or charges under the Local Government Act 2009 ; any other relevant matter. (sec.35-ssec.2) In considering under subsection (1) (a) the reasonableness of the cost, damage or loss claimed by the authority, the Land Court may have regard to— any action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and any act or omission of the authority relevant to the cost, damage or loss. (sec.35-ssec.3) Subsection (1) (b) (ii) applies whether or not the rates or charges relate to a notifiable road use.

• (a) the reasonableness of the cost, damage or loss claimed by the authority;
• (b) if the authority is a local government—the extent to which the cost, damage or loss claimed by the authority is met by an amount the holder is liable to pay the authority for — (i) a notifiable road use; or (ii) rates or charges under the Local Government Act 2009 ;
• (i) a notifiable road use; or
• (ii) rates or charges under the Local Government Act 2009 ;
• (c) any other relevant matter.
• (i) a notifiable road use; or
• (ii) rates or charges under the Local Government Act 2009 ;
• (a) any action taken, or proposed, by the holder to avoid, minimise or remedy the cost, damage or loss; and
• (b) any act or omission of the authority relevant to the cost, damage or loss.