History of the Land Court

On 1 March 1998 the Land Court celebrated its centennial. The Land Board, consisting of two members, was constituted by the Crown Lands Act 1884. The Land Court, consisting of three members was substituted for the Land Board by the Land Act 1897, as from 1 March 1898.

The membership of the Court over the years has generally been 4 or 5 Members. However, from 1993 to 1996 the Court faced an uncertain future due to consideration by the Government to amalgamate the Planning and Environment Court, Land Court and other jurisdictions to form the Land, Planning and Environment Court. During this period the Court was reduced to 2 Members due to retiring Members not being replaced. The present membership of the Court consists of the President, 3 full-time Members and 1 part-time Member.

The jurisdiction of the Land Court has changed somewhat during the one hundred years. From its inception, up to 1944 the Land Court's principal role was that of judicially arbitrating between the Minister for Lands and the Crown's lessees in rental, compensation, value of improvements and many other matters affecting the Crown leasehold system.

The Court's other major role during this period was that of determining compensation for compulsory resumption of freehold land pursuant to the provisions of the Public Works Land Resumption Act 1906 and other legislation conferring a power of compulsory acquisition.

In 1944 the Valuation of Land Act 1944 was proclaimed creating the office of the Valuer-General and conferring jurisdiction on the Court to hear and determine appeals against valuations for rating and taxing purposes.

Presently there are thirty-five (35) State Acts which confer jurisdiction on the Court. The main focus of the Court is dealing with appeals against valuations under the Valuation of Land Act 1944, disputed claims for compensation under the Acquisition of Land Act 1967, appeals against decisions in relation to waterworks licensing in terms of the Water Act 2000 and appeals against Ministerial decisions pursuant to the Land Act 1994.