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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"

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, and you can apply for reasonable compensation. You can get compensation for the use of your property and any damage to it while it is under their control.

When the government works out how much compensation you should get, they consider any insurance payouts or other money you might get for the damage. If you disagree with the government about whether you should get compensation, or how much you should get, a court can make a decision. The government is in control of your property until the Minister makes a declaration about it under section 32(5)(b), then they are no longer in control.

You can apply for compensation if you have an interest in the property, and the government will pay it from money allocated by Parliament. The amount of compensation you get will depend on the circumstances, and a court can help resolve any disputes. The government's control of your property ends when the Minister makes a declaration, as stated in 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.

Topics:
Government and voting > Emergency managementHousing and property > Land use
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"Directions about temporary prisons must follow the emergency safety plan"

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"What the boss of corrections must do during an emergency"

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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