Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Compensation

173: Recovery of compensation paid and costs in case of fraud

You could also call this:

"Getting back money paid out because of fraud"

Illustration for Fisheries Act 1996

If someone gets compensation money because of fraud, you can get that money back. You can take the person who did the fraud to court to get the money back. The court can decide who is responsible for the fraud. If the Minister of Finance says compensation money was paid, that is proof it was paid. You can use this proof in court to get the money back. Any money you get back must be paid into a Crown Bank Account. You can take the person who did the fraud to court, or their representatives if they are not available. The chief executive can take the person to court to get the money back. This can happen even if the person who did the fraud has gone bankrupt.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397955.

Topics:
Crime and justice > Criminal lawMoney and consumer rights > Consumer protection
Previous

172: Notice of action to be served on Attorney-General and Registrar, or

"Telling the Government About a Lawsuit"

Next

174: Object, or

"Protecting special fishing areas important to Māori"

Part 8Registration of transfers, mortgages, caveats, etc
Compensation

173Recovery of compensation paid and costs in case of fraud

  1. If any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as the owner of any individual transferable quota or as mortgagee of such quota, as the case may be, by virtue of any dealing with or transmission from a registered owner, the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation to that compensation, shall be deemed to be a statutory debt due to the Crown from the person legally responsible for that fraud and may be recovered from that person, or from that person's personal representatives, by action at law, in the name of the chief executive, or, in the case of bankruptcy, may be proved as a debt due from that person's estate.

  2. In any action under subsection (1), the court may, for the purposes of that action, determine on the balance of probabilities who is legally responsible for the fraud.

  3. A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made.

  4. All money recovered in any action under subsection (1) shall be paid to the credit of a Crown Bank Account.

Compare
Notes
  • Section 173(1): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).