Part 7Miscellaneous provisions
109Compensation for other matters
This section does not apply if section 107 or section 108 applies.
A person who has suffered loss or damage, as a result of any action or measure duly taken under instructions issued under any of sections 86 to 92 by the National Controller or a constable, or a person authorised by the National Controller or constable, may recover compensation from the Crown if the action or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
A person who has suffered loss or damage, as a result of any action or measure duly taken under instructions issued under any of sections 86 to 92 by a Group Controller, or a person authorised by him or her, may recover compensation from the Civil Defence Emergency Management Group that appointed the Group Controller if the action or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N by the National Recovery Manager or a constable, or a person authorised by the National Recovery Manager or constable, may recover compensation from the Crown if the action or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
A person who has suffered loss or damage as a result of any action or measure duly taken under instructions issued under any of sections 94K to 94N by a Group Recovery Manager or a Local Recovery Manager, or a person authorised by the Group Recovery Manager or Local Recovery Manager, may recover compensation from the Civil Defence Emergency Management Group that appointed the Group Recovery Manager or Local Recovery Manager if the action or measure was such that the good done, or likely to be done, by the action or measure for that person was disproportionately less than the loss or damage suffered by that person as a result of that action or that measure.
In determining the amount of compensation payable under this section for any loss or damage, any amount that the person has, or is likely to, recover under a contract of insurance or by any other means must be taken into account.
If a claim is brought against the Crown or a Civil Defence Emergency Management Group for compensation under this section, a court, in determining whether subsection (2) or subsection (3) applies, must take into account—
- the probability of the adverse effect to the claimant's property that the action or measure in the relevant section is intended to avert occurring if the action or measure had not been taken; and
- the extent of the loss or damage that has been caused by the action or measure taken.
Any claim for compensation brought against the Crown or a Civil Defence Emergency Management Group—
- may only be brought for direct loss or damage suffered in relation to property; and
- may only be brought in respect of uninsured loss or damage that does not exceed the replacement value of that property; and
- may not be brought by any insurer in relation to any person who has insured against the loss or damage.
If loss or damage to property is caused by the Crown, the Group Controller, any member of a Civil Defence Emergency Management Group, or any other person in the performance in good faith of his or her functions or duties or the exercise in good faith of his or her powers at, or in connection with, any emergency, liability for that loss or damage may not exceed the replacement value of the property and is covered as follows:
- in relation to insured property,—
- by any contract of insurance that covers the property regardless of how it describes loss or damage; and
- with respect to any loss or damage exceeding the cover of that contract of insurance,—
- by the local authorities that are members of the Civil Defence Emergency Management Group or Groups if the action or measure that caused the damage was undertaken by or on behalf of the Group or Groups; or
- by the Crown if the action or measure that caused the damage was undertaken by or on behalf of the Crown; and
- by the local authorities that are members of the Civil Defence Emergency Management Group or Groups if the action or measure that caused the damage was undertaken by or on behalf of the Group or Groups; or
- by any contract of insurance that covers the property regardless of how it describes loss or damage; and
- in the case of uninsured property,—
- by the local authorities that are members of the relevant Civil Defence Emergency Management Group or Groups if the action or measure that caused the damage was undertaken by or on behalf of the Group or Groups; or
- by the Crown if the action or measure that caused the damage was undertaken by or on behalf of the Crown.
- by the local authorities that are members of the relevant Civil Defence Emergency Management Group or Groups if the action or measure that caused the damage was undertaken by or on behalf of the Group or Groups; or
Despite anything in subsection (7), if any emergency or anticipated emergency is a natural hazard within the meaning of the Natural Hazards Insurance Act 2023 or within the meaning of any policy or contract of insurance, the loss or damage is to be treated as natural hazard damage for the purposes of that Act, policy, or contract.
Nothing in this section prevents the Crown or a Civil Defence Emergency Management Group from making any ex gratia payments it considers justifiable on the basis of hardship or fairness.
For the purposes of this section,—
insurer means any provider of insurance
property means—
- real property; and
- livestock; and
- personal property, excluding livestock, not exceeding $20,000 less any insurance cover for that personal property (if any).
- real property; and
Notes
- Section 109(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 109(3A): inserted, at 9.59 pm on , by section 36 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
- Section 109(3B): inserted, at 9.59 pm on , by section 36 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
- Section 109(8): amended, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).