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Biosecurity Act 1993

Miscellaneous provisions

162A: Compensation

You could also call this:

"Getting paid back for losses caused by biosecurity actions"

When powers under the Biosecurity Act are used to get rid of or manage an organism, you might suffer a loss. This can happen if your property is damaged or destroyed, or if there are restrictions on moving or getting rid of your goods under Part 6 or 7. You are entitled to compensation if you can prove your loss and you could not have prevented it by taking reasonable steps.

You can get compensation for loss that you can prove and that you could not have prevented. The loss must be because of the powers being used, not for other reasons. You will not get compensation if your loss is because you did not follow biosecurity law in a serious way.

The amount of compensation you get will depend on your situation. You will get enough compensation to put you in the same position as someone whose property or goods are not affected. You have one year to make a claim for compensation after you suffer a loss, or longer if you could not make a claim because of circumstances beyond your control.

If you disagree about whether you should get compensation or how much you should get, the dispute will be sorted out through arbitration under the Arbitration Act 1996. The Minister or chief executive will pay your compensation from money that Parliament has set aside for this purpose. You can find more information about the Arbitration Act 1996 at the Arbitration Act 1996 link.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316743.

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Part 9Miscellaneous provisions

162ACompensation

  1. This section applies when—

  2. powers under this Act are exercised for the purpose of eradicating or managing an organism; and
    1. the powers are not exercised to implement a pest management plan or pathway management plan; and
      1. the exercise of the powers causes loss to a person as a result of—
        1. damage to or destruction of the person's property; or
          1. restrictions imposed under Part 6 or 7 on the movement or disposal of the person's goods; and
          2. there is no agreement under Part 5A that applies to the loss and whose provisions on compensation are expressed to take priority over this section.

            1. The person is entitled to compensation under this section for loss that—

            2. is verifiable; and
              1. is loss that the person has been unable to mitigate by taking every step that is reasonable in the circumstances.

                1. Compensation must not be paid if—

                2. the person's loss relates to unauthorised goods or uncleared goods; or
                  1. the person suffered the loss before the time at which the exercise of the powers began; or
                    1. the person failed to comply with biosecurity law—
                      1. in a serious or significant way; or
                        1. in a way that contributed to the presence of the organism; or
                          1. in a way that contributed to the spread of the organism.

                          2. The amount of compensation paid must put the person to whom it is paid in no better or worse position than a person whose property or goods are not directly affected by the exercise of the powers.

                          3. The period for making a claim for compensation after the date on which the loss suffered by the person ought reasonably to have been verifiable is—

                          4. within 1 year from the date; or
                            1. after 1 year from the date, if the person was unable to make a claim within 1 year because of circumstances beyond the person's control.

                              1. If there is a dispute about eligibility for, or the amount of, compensation,—

                              2. the dispute must be submitted to arbitration; and
                                1. the arbitration must be conducted under the Arbitration Act 1996.

                                  1. Compensation payable by a Minister or a chief executive is payable from money appropriated by Parliament for the purpose.

                                  Notes
                                  • Section 162A: replaced, on , by section 74 of the Biosecurity Law Reform Act 2012 (2012 No 73).