Radiocommunications Act 1989

Guarantee of management rights to registered managers - Compensation

61: Compensation for mistake or misfeasance of Registrar

You could also call this:

"Getting paid back if the Registrar makes a mistake"

Illustration for Radiocommunications Act 1989

You can get compensation if the Registrar or their staff make a mistake. You can claim for loss or damage caused by their error. You may bring an action against the Crown for recovery of damages, as stated in section 58.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196986.

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"Protection for honest buyers of management rights or spectrum licences"


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62: Compensation for loss occurring after search and before registration, or

"Getting paid back if you lose money after searching and before registering something"

Part 7Guarantee of management rights to registered managers
Compensation

61Compensation for mistake or misfeasance of Registrar

  1. Any person—

  2. who sustains loss or damage through any omission, mistake, or misfeasance of the Registrar, or of any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in the execution of their respective duties; or
    1. who is deprived of any management rights or spectrum licence in respect of which the person is registered as the manager or rightholder, or of any interest as mortgagee of any management rights or spectrum licence, by the registration of any other person as the manager or rightholder of those management rights or that spectrum licence or, as the case may require, as mortgagee of those management rights or that spectrum licence, or by any error, omission, or misdescription in any record of management rights, or in any entry or memorial in the register, or has sustained any loss or damage by the wrongful inclusion of management rights in any record of management rights, and who by virtue of section 58 is unable to bring an action in respect of those management rights or, as the case may require, that spectrum licence or that interest—
      1. may bring an action against the Crown for recovery of damages.

      Notes
      • Section 61(b): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).