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Corrections Act 2004

Corrections system - Miscellaneous - Property damage caused by escapers

185: Compensation for property damage by escapers

You could also call this:

"Money for damage caused by someone escaping from prison"

Illustration for Corrections Act 2004

If you own something that gets damaged because someone escaped from prison, you might be able to get compensation. This can happen if the person who escaped did something to damage your property on purpose, to help them escape or avoid getting caught. It can also happen if the damage occurred while the person was trying to escape or avoid getting caught.

You can apply to the District Court for compensation if your property gets damaged in this way. The court can give you money to cover the cost of the damage, or to pay for expenses like getting your property back or renting something else while you wait for yours to be fixed.

The court will consider things like the actual damage to your property, expenses to recover stolen property, and expenses because you could not use your property for a while. In this situation, an escaper is someone who escapes or tries to escape from prison, and this includes people who try to avoid getting caught after they have escaped, as explained in sections 186 to 189 and also in sections 186 and 187.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296596.

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"Getting paid back for damage caused by someone who escaped from prison"

Part 2Corrections system
Miscellaneous: Property damage caused by escapers

185Compensation for property damage by escapers

  1. This section and sections 186 to 189 apply in any case where any person suffers, whether before or after the commencement of this section, any loss of, or damage to, any real or personal property through, or by means of, any act or omission of an escaper (being an act or omission that occurred in New Zealand)—

  2. that was intended to facilitate the flight of the escaper or the avoidance of his or her recapture; or
    1. that occurred in the course of his or her escaping or attempting to escape or while he or she was fleeing to avoid recapture.

      1. Any person who suffers any loss or damage to which this section applies may apply to the District Court, in accordance with the applicable rules of court, for compensation for that loss or damage, and the court may award under this section to, or for the benefit of, the applicant compensation in respect of any 1 or more of the following matters:

      2. actual loss of, or damage to, any property:
        1. expenses actually and reasonably incurred in recovering any property that has been stolen or removed:
          1. expenses actually and reasonably incurred as a result of the loss of the use of any property for any period.

            1. For the purposes of this section and sections 186 and 187, escaper means a prisoner who escapes or who attempts to escape from custody.

            Compare
            • 1954 No 51 s 41A(1), (2), (11)
            Notes
            • Section 185(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).