Land Valuation Tribunal Decision: Belk 500 Limited vs Tauranga City Council

Strategic Insights -

In a decision made by the Land Valuation Tribunal at Auckland on April 7, 2025, Judge M J L Dickey determined the objection lodged by Belk 500 Limited (Objector) to the valuation adopted by Tauranga City Council in relation to the property at 4A Belk Road, Omanawa, Tauranga. The parties agreed on the valuation of the property, with the Objector proposing a Capital Value of $1,300,000, comprising $1,130,000 Land Value and $170,000 Value of Improvements. However, the Tribunal received a joint memorandum from the parties which set out an agreed settlement, with the Objector and the Council agreeing that the value of the property as at 30 June 2024 should remain as: (a) Capital Value: $2,240,000 (b) Land Value: $2,070,000 (c) Value of Improvements: $170,000.

Key Takeaways:

  • The Land Valuation Tribunal at Auckland issued a decision on April 7, 2025, in the matter of an objection lodged by Belk 500 Limited (Objector) to the valuation adopted by Tauranga City Council.
  • The parties agreed on the valuation of the property, with the Objector proposing a Capital Value of $1,300,000, but ultimately settling on a value of $2,240,000 as at 30 June 2024.
  • The Objector proposed a Capital Value of $1,300,000, comprising $1,130,000 Land Value and $170,000 Value of Improvements, but the Council and the Tribunal agreed on a value of $2,070,000 Land Value and $170,000 Value of Improvements.
  • Judge M J L Dickey ultimately determined the objection on the papers under s 19(8)(b) of the Land Valuation Proceedings Act 1948, as the parties had agreed on the valuation.
  • The Tribunal received a joint memorandum from the parties which set out an agreed settlement, confirming that the Council's district valuation roll had been updated accordingly.
  • The onus of proof lay with the Objector, with the burden imposed being the persuasion burden, but the parties agreed on the valuation without the need for the Objector to prove the accuracy of their valuation.

Statistics:

  • The agreed valuation of the property is as follows: (a) Capital Value: $2,240,000 (b) Land Value: $2,070,000 (c) Value of Improvements: $170,000
  • The Objector proposed a Capital Value of $1,300,000, comprising $1,130,000 Land Value and $170,000 Value of Improvements.
  • The parties agreed on the valuation as at 30 June 2024.
  • The Tribunal determined the objection on the papers under s 19(8)(b) of the Land Valuation Proceedings Act 1948.

Sources:

  • Decision [2025] NZLVT 014
  • [1948] Land Valuation Proceedings Act 1948
  • [2018] NZHC 182
  • [2017] NZLVT 11