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Land Transfer Act 2017

Land title and registration - Compensation - Calculation of compensation for deprivation of estate or interest in land

69: Contribution by claimant to loss

You could also call this:

"No compensation if your actions caused the loss or damage"

Illustration for Land Transfer Act 2017

You will not get compensation for loss or damage if it happened because you were fraudulent. You will not get compensation if the loss or damage happened because you did not take proper care. If the loss or damage happened because of both your lack of care and another reason, your compensation will be reduced. You are responsible for your own actions, but if your lawyer made a mistake, that is not your fault. If you signed a document without getting independent legal advice, that could be seen as a lack of proper care. The Contributory Negligence Act 1947 does not apply when you are claiming compensation under this Act. You need to understand that this rule is about how your actions affect your claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731214.

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"Getting interest on your compensation payment"

Part 2Land title and registration
Compensation: Calculation of compensation for deprivation of estate or interest in land

69Contribution by claimant to loss

  1. No compensation is payable under this subpart for any loss or damage suffered by a claimant—

  2. wholly or partly as a result of the claimant’s own fraud; or
    1. wholly as a result of the claimant’s own lack of proper care.

      1. If any loss or damage is suffered by a claimant partly as a result of the claimant’s own lack of proper care, any compensation payable to the claimant is to be reduced to the extent that is fair having regard to the claimant’s share in the responsibility for the loss or damage.

      2. For the purpose of subsection (1), any contribution by a claimant's practitioner to the loss or damage is not to be treated as a contribution by the claimant.

      3. For the purpose of this section, a lack of proper care may include, without limitation, signing an instrument or authorising the registration of an instrument without seeking independent legal advice or taking other reasonable and prudent steps to ascertain the effect of the instrument.

      4. The Contributory Negligence Act 1947 does not apply to a claim for compensation under this Act.