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Corrections Act 2004

Corrections system - Miscellaneous - Requisitioning of land and buildings for use as temporary corrections prisons

193: Compensation if property requisitioned

You could also call this:

"Getting paid back if the government takes your property"

Illustration for Corrections Act 2004

If the government takes control of your property under section 191, you might get compensation. The Minister or someone they authorise takes control of the property. You can apply for reasonable compensation for the use of your property and any damage to it while it is under their control.

You will get compensation from money that Parliament has set aside for this purpose. The amount of compensation will be decided based on the loss or damage to your property. If you have insurance that covers the loss or damage, this will be taken into account when deciding how much compensation you get.

If you disagree about whether you should get compensation, or how much you should get, you can take the matter to court. The court will decide who is entitled to compensation and how much they should get. The Minister or the person they authorise is in control of your property until the Minister makes a declaration under section 32(5)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297110.

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Part 2Corrections system
Miscellaneous: Requisitioning of land and buildings for use as temporary corrections prisons

193Compensation if property requisitioned

  1. Subsection (2) applies if any requisitioned property has come under the control of the Minister or a person authorised by the Minister, while acting under section 191.

  2. There is payable, on application by any person having an interest in the requisitioned property, out of money appropriated by Parliament, reasonable compensation for—

  3. the use of that requisitioned property while under that control; and
    1. any loss of or damage to that requisitioned property suffered or incurred while under that control.

      1. In determining the amount of compensation payable under this section for any loss of, or damage to, requisitioned property, any amount that the person having an interest in the property has recovered or is likely to recover, under a contract of insurance or by any other means, must be taken into account.

      2. If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of the compensation, or as to the liability of the Crown or other person to pay the compensation, the matter may be determined by a court of competent jurisdiction.

      3. For the purposes of this section the Minister, or a person authorised by the Minister, ceases to be in control of a requisitioned property once a declaration is made in respect of that property by the Minister under section 32(5)(b).

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