Wu v Auckland Council

[2013] NZLVT 3 (24 October 2013)

Mr Wu was the owner of a residential property and objected to the valuation of his property by Auckland Council. The caluation of the land as at 1 July 2011 was originally assessed as $750,000.00, and was subsequently revised as $680,000.00. Mr Wu disagreed, and estimated the land value at $600,000.00.

Mr Wu contended that the retaining wall at his property was likely to have been detrimentally affected by Council-approved developments on the adjacent street. He argued that the developments adversely changed the conditions adjacent to the retaining walls and in the event of deluge the retaining walls will be subjected to high risk due to the uncertainty of ground water release. Mr Wu proposed that a land valuation figure taking into account the retaining wall would be more reliable. However Mr Wu did not produce any expert or other evidence in relation to his proposition.

Evidence for the Council was given by Mr Munting who had inspected the property and undertook the original valuation. Mr Munting referred to a report by GHD Limited which broadly assessed the condition of the retaining wall. Overall, the report concluded that the retaining wall performs adequately, there is no evidence of land instability, and that relevant drainage systems are performing adequately.

The report did not support Mr Wu’s concerns. The Tribunal was not satisfied on the evidence that Mr Wu’s concerns regarding the retaining wall were justified and therefore dismissed the objection.