Lightbox

EXTRACTS FROM THE LAND VALUATION ACT 2010

155 Appeal right **

(1) An objector may appeal to the Land Court against the objection decision for the objection.

Note –

For when an objection can be decided, see section 147 (Considering objection).

(2) However, an objector can not appeal if –

(a) the valuation sought –

(i) was less than the valuation and the decision was to change the valuation to an amount that is equal to or less than the valuation sought; or

(ii) was more than the valuation and the decision was to change the valuation to the valuation sought; or

(b) the objection is not a properly made objection; or

(c) the valuer-general has not made a decision under section 147 on the objection.

(3) Also, an objector can not appeal against a comparable valuation reduction of a valuation.

** If you are a new owner, please refer to s.156 of the Act for your appeal rights.

157 How to appeal

(1) An appeal is started by filing a notice of appeal (a valuation appeal notice).

(2) Subject to section 158, an appeal can not be started after 60 days after the day of issue stated in the objection decision notice (the appeal period).

(3) A valuation appeal notice must state –

(a) the grounds of appeal; and

(b) the amount the appellant seeks for the valuation; and

(c) if the appellant claims a site improvement deduction or a higher site improvement deduction—the site improvement deduction claimed.

(4) The requirements under this section are the valuation appeal requirements.

159 Service on valuer-general

(1) The appellant must serve a copy of the valuation appeal notice on the valuer-general within 7 days after its filing.

169 Nature of hearing

(1) The hearing must be limited to the grounds stated in the valuation appeal notice.

(2) The appeal must be by way of a rehearing.

Note –

See also section 256 (Particular evidentiary provisions for valuation appeals).

(3) However, the appellant has the onus of proof for each of the grounds of appeal.

Serve/serving (documents)

Delivery of legal documents officially notifying the intended receiver that a legal action or proceeding involving them has been started.