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Land Transfer Act 2017

Land title and registration - Compensation - Further provisions where compensation paid

72: Certain compensation recoverable by Crown as debt

You could also call this:

"The Crown can get back compensation they paid if someone was fraudulent or negligent"

Illustration for Land Transfer Act 2017

If the Crown pays you compensation for loss or damage caused by fraud, you must pay the Crown back. The Crown can also claim back any costs they had to pay to sort out the problem. You have to pay the Crown the amount of compensation and costs as a debt. If the Crown pays compensation because a purchaser's practitioner was negligent, the practitioner must pay the Crown back. The practitioner has to pay the amount of compensation and costs that is fair to attribute to their negligence. The Crown can recover this amount as a debt from the practitioner. You can find more information about this by looking at section 175 of another law. The Crown can recover debts from people who are responsible for fraud or negligence. This helps the Crown get back the money they paid out for compensation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731218.

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Topics:
Money and consumer rights > TaxesCrime and justice > Criminal law
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"The Crown takes your place when you get compensation"

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Part 2Land title and registration
Compensation: Further provisions where compensation paid

72Certain compensation recoverable by Crown as debt

  1. Subsection (2) applies if an amount of compensation is paid by the Crown under this Act for loss or damage that results from fraud.

  2. The amount of compensation, and any costs incurred by the Crown in relation to the claim or proceeding, may be recovered by the Crown as a debt due from the person responsible for the fraud.

  3. Subsection (4) applies if an amount of compensation is paid by the Crown under section 60 for loss or damage caused wholly or partly by the negligence of a purchaser's practitioner.

  4. The amount of compensation, and any costs incurred by the Crown in relation to the claim or proceeding, to the extent that it may properly be attributed to that practitioner's negligence, may be recovered by the Crown as a debt due from the practitioner.

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