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Corrections Act 2004

Corrections system - Miscellaneous - Property damage caused by escapers

188: Hearing of claims

You could also call this:

"When you ask for money because something of yours was lost or damaged, a court will listen to your story and decide if you should get paid."

Illustration for Corrections Act 2004

If you make an application for compensation under section 185 because your property was lost or damaged, the District Court will think about what you say and what others say on your behalf. The court can also ask questions about what happened to your property and how much damage was done. The court wants to know about the circumstances surrounding the loss or damage, and the nature or extent of the loss or damage. You might get compensation if the court thinks you should.

If the court looks into your application and thinks you should get compensation, it can decide how much you should get and make an order for you to be paid. But the court must ask for your permission before making the order. The court will make a decision based on the information it has.

If the court does not make an order, it will set a time and place for a hearing about your application. You will be told when and where the hearing is, and the court will make a decision based on the evidence presented at the hearing. The court will consider all the information before making a decision about your compensation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297100.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
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187: Notification and payment of compensation, or

"Getting paid if someone escapes and you're affected"

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189: Procedure, evidence, and appeals, or

"How the court handles your application, what evidence they can use, and what to do if you disagree with their decision"

Part 2Corrections system
Miscellaneous: Property damage caused by escapers

188Hearing of claims

  1. If an application for compensation is made under section 185 in respect of any loss of, or damage to, property, the District Court must consider any representations made by, or on behalf of, the applicant and, unless, in his or her application, the applicant objects, may make any inquiries that it considers appropriate about—

  2. the circumstances surrounding the loss or damage; and
    1. the nature or extent of the loss or damage or expenses incurred or about any other matter to which the application relates.

      1. If, on any inquiry, it appears to the court that the application is one in respect of which an order for the payment of compensation should be made, it may—

      2. determine the amount of compensation to be awarded; and
        1. with the prior consent of the applicant, make an order for payment of compensation in accordance with that determination.

          1. If no order is made under subsection (2), the court must, on application,—

          2. fix a time and place for the hearing of the application for compensation; and
            1. ensure that notice of the hearing is given to the applicant; and
              1. determine the application for compensation on the evidence adduced at the hearing.

                Compare
                • 1954 No 51 s 41B(1)–(3)