Health Act 1956

Infectious and notifiable diseases

87: Compensation for persons injuriously affected

You could also call this:

"Help with costs if the government destroys something to stop a disease"

If a medical officer of health, a health protection officer, or a local authority destroys a building, animal, or thing to stop the spread of disease, you might be entitled to compensation if you are affected. You will get compensation if you lose something that is destroyed, but it will not be more than what the thing was worth. The amount of compensation you get will depend on the value of what was destroyed.

If the destruction happened because you or someone you are responsible for did not follow the rules of cleanliness, you will not get any compensation. But if the local authority did not follow the rules and that is why the destruction happened, they will have to pay you compensation. If the destruction was necessary to protect public health and no one did anything wrong, the government will pay the compensation.

If you disagree about your compensation, the District Court will make the final decision about your claim. They will hear your case and decide how much compensation you should get, and you have to accept their decision. You can take your claim to the District Court if you think you deserve compensation for something that was destroyed.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307275.

86: Duties of local authorities as to burials, or

"What local councils must do when someone dies and needs to be buried to keep people healthy"

87A: Communicable diseases occurring in animals, or

"Diseases in animals that must be reported to help keep people and animals healthy"

Part 3Infectious and notifiable diseases

87Compensation for persons injuriously affected

Subject to the provisions of this section, in every case where any building, animal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer, or any local authority, pursuant to the powers conferred by this Part, every person injuriously affected thereby shall be entitled to compensation.
The compensation shall not exceed the actual market value of the building, animal, or thing in respect of which the claim is made.
If the destruction was necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the claimant, or of any person for whose acts or default the claimant is responsible, no compensation shall be payable.
If the destruction was necessary by reason of any such breach or neglect as aforesaid on the part of the local authority, the compensation shall be payable by that local authority.
If the destruction was necessary in the interests of public health, and without any such breach or neglect as aforesaid, the compensation shall be payable out of money to be appropriated by Parliament for the purpose.
All questions and disputes relating to claims for compensation shall be heard and determined by the District Court, whose decision shall be final.

Notes

Section 87(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
Section 87(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).