(1) In this Act, unless the context otherwise requires,—
Capital value of land means the sum which the owner's estate or interest therein, if unencumbered by any mortgage or other charge thereon, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require
Former lease means any lease of which a subsisting lease is or purports to be a renewal or for which a subsisting lease is or purports to be in substitution; and includes a lease of which a former lease was or purported to be a renewal or for which a former lease was or purported to be in substitution; but does not include any lease granted at any time before the land comprised in the lease was vested in a Maori Land Board under Part 14 or Part 15 of the Maori Land Act 1931 or under the corresponding provisions of any former Act; and former lessee has a corresponding meaning
Improvements on land means, subject to the provisions of subsection (2) of this section, all work done or material used at any time on or for the benefit of the land by the expenditure of capital or labour by any owner or lessee thereof in so far as the effect of the work done or material used is to increase the value of the land, and the benefit thereof is unexhausted at the time of valuation; but does not include work done or material used on or for the benefit of the land by the Crown or by any statutory public body, except so far as the work done or material used has been paid for by the owner or lessee by way of direct contribution
Improvements effected by the lessee means improvements effected by a lessee during the currency of a subsisting lease or during the currency of any former lease; and includes improvements paid for, purchased, or otherwise acquired by a lessee whether from a former lessee or otherwise
Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the Land Valuation Tribunal or the Tribunal, when used in relation to any land, means the particular Land Valuation Tribunal to which any application or appeal or matter arising under this Act and relating to that land has been made or referred
Land Valuation Tribunal: This definition was inserted by section 6(6) of the Land Valuation Proceedings Amendment Act 1977.
Lessee includes the successors, executors, administrators and assigns of a lessee
New lease means a lease granted under the provisions of Part 2 of this Act
Subsisting lease means a lease of vested land subsisting at the commencement of this Act
Unimproved value of any land means the sum, exclusive of the value of any indigenous timber trees, which the owner's estate or interest in the land, if unencumbered by any mortgage or other charge thereon, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to impose, and if no improvements (as hereinbefore defined) had been made on the said land
Valuation Court means the the High Court, including the additional members holding office under the Land Valuation Proceedings Act 1948, in the exercise of its jurisdiction under that Act
Valuation Court: this definition was substituted for the original definition by section 15 Land Valuation Proceedings Amendment Act 1968.
The reference to the High Court was substituted, as from 1 April 1980, for a reference to the Supreme Court pursuant to section 12 Judicature Amendment Act 1979.
Valuation Court: this definition was amended, as from 15 August 1991, pursuant to section 3(5) Judicature Amendment Act 1991 (1991 No 60), by omitting the words “Administrative Division of”
, following the abolition of the Administrative Division of the High Court by section 3(1) of that Act.
Value of improvements means the added value which at the date of valuation the improvements give to the land
Vested land means land which is subject to the provisions of this Act.
(2) Where any work done or material used on or for the benefit of vested land by the Crown or by any statutory public body has been paid for by way of direct contribution from the owner or the lessee of the land, the increase in the value of the land shall not exceed the amount of the direct contribution aforesaid, and the onus of proving the amount of the contribution shall be upon the owner or the lessee, as the case may require.