Radiocommunications Act 1989

Guarantee of management rights to registered managers - Compensation

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

You could also call this:

"Paying back money if you cheated to get it"

Illustration for Radiocommunications Act 1989

If you get money from the government because someone cheated, you might have to pay it back. You will have to pay back the money if a court decides you cheated to get management rights or a spectrum licence. The government can take you to court to get the money back. If the government pays you money because someone cheated, they will keep a record of it. A certificate from the Minister of Finance will prove that the money was paid. This certificate will be used as proof in court. If the government wins a court case against you, they will get their money back. You will have to pay back the money, and it will go into a Crown Bank Account. All the money the government gets back will be paid into this account.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197103.

This page was last updated on 12 December 2025 — View changes

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

"Telling the Government About a Lawsuit Against Them"

65: Recovery of compensation paid where loss caused by solicitor's negligence, or

"Getting money back from a solicitor who made a mistake"

Part 7Guarantee of management rights to registered managers
Compensation

64Recovery of compensation paid and costs in case of fraud

Where any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as manager or rightholder, or as mortgagee of any management rights or spectrum licence, by virtue of any dealing with or transmission from a registered manager or rightholder, the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation to that compensation, shall be deemed a debt due to the Crown from the person legally responsible for that fraud and may be recovered from that person, or from that person's personal representatives, by action at law, in the name of the Registrar, or, in the case of bankruptcy, may be proved as a debt due from that person's estate.
A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made.
All money recovered in any action pursuant to subsection (1) shall be paid to the credit of a Crown Bank Account.

Notes

Section 64(1): amended, on 12 October 2001, by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
Section 64(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).