What is the meaning of section 36 of s. 36 of the New Zealand Constitution and what is the scope of the legislation?
British Columbia, Canada
The following excerpt is from Taylor v. Hoskin, 2003 BCSC 1843 (CanLII):
The wording of s. 36 gives the court considerable discretion in determining appropriate compensation for the party whose land is affected by either a vesting order or easement. I referred earlier to the statement by our Court of Appeal in Hawkes Estate v. Silver Campsites, cited above, that the intent of s. 36 is to provide a means of resolving ownership conflicts.
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