Radiocommunications Act 1989

Guarantee of management rights to registered managers - Compensation

63: Notice of action to be served on Attorney-General and Registrar

You could also call this:

"Telling the Government About a Lawsuit Against Them"

Illustration for Radiocommunications Act 1989

You need to tell the Attorney-General and the Registrar in writing if you are taking action against the Crown under section 61 or section 62. You must do this at least 20 working days before you start the action. You have to include the reason for the action and the amount of money you are claiming. If the Attorney-General and the Registrar agree that your claim is valid, they can certify this and the amount can be paid to you from public money. If you are told that your claim is admitted and you still proceed with the action, you will not be able to recover any costs from the Crown if you do not get more than the admitted amount. You will also have to pay the Crown's costs for defending the action.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197102.

This page was last updated on View changes


Previous

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

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


Next

64: Recovery of compensation paid and costs in case of fraud, or

"Paying back money if you cheated to get it"

Part 7Guarantee of management rights to registered managers
Compensation

63Notice of action to be served on Attorney-General and Registrar

  1. Notice in writing of every action against the Crown under section 61 or section 62, and of the cause of the action, and of the amount claimed, shall be served upon the Attorney-General, and also upon the Registrar, at least 20 working days before the commencement of the action.

  2. If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate.

  3. If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant—

  4. shall not be entitled to recover any costs as against the Crown; and
    1. shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action.