107Compensation if property requisitioned

1. Subsection (2) applies if any requisitioned property has come under the control of the National Controller, any constable, or a person authorised by the National Controller or constable, while acting under section 90 in a state of emergency.

2. There is payable, on application by any person having an interest in the requisitioned property, out of money appropriated by Parliament, reasonable compensation for—

3. the use of that requisitioned property while under that control; and
4. any loss of or damage or injury to that requisitioned property suffered or incurred while under that control.

5. Subsection (4) applies if any requisitioned property has come under the control of a Civil Defence Emergency Management Group, a Group Controller, or a person authorised by the Group or Group Controller, while acting under section 90 in a state of emergency.

6. There is payable, on application by any person having an interest in the requisitioned property, by the Civil Defence Emergency Management Group that appointed the Group Controller, reasonable compensation for—

7. the use of that requisitioned property while under that control; and
8. any loss of, or damage or injury to, that requisitioned property suffered or incurred while under that control.

9. In determining the amount of compensation payable under this section for any loss of, or damage or injury to, requisitioned property, any amount that the person having an interest in the property has, or is likely to, recover under a contract of insurance or by any other means must be taken into account.

10. If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of the compensation, or as to the liability of the Crown or any Civil Defence Emergency Management Group or other person to pay the compensation, the matter may be determined by a court of competent jurisdiction.