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Accident Compensation Act 2001

Entitlements and related matters - Disentitlements

120: Disentitlement for conviction for murder

You could also call this:

“You can't get help if you killed the person you're meant to get help for”

If someone dies and you’re supposed to get money or help because of their death, you can’t get it if you killed them on purpose. This is called murder. If the government thinks you might have murdered someone, they will stop giving you any money or help until they figure out if you did it or not. If you end up being found guilty of murder, you have to give back any money or help you got because of that person’s death.

Murder means killing someone in a way that’s against the law in New Zealand. It also includes killing someone in another country in a way that would be called murder if it happened in New Zealand.

If you’re charged with murdering someone, you won’t get any help or money related to their death until the court decides if you did it or not. If the charge is dropped, you can start getting help again.

Remember, this only applies to murder, not other types of crimes. The government agency that handles this is called the Corporation.

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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=DLM101489.

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Crime and justice > Criminal law Crime and justice > Victim support Money and consumer rights > Consumer protection
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Part 4 Entitlements and related matters
Disentitlements

120Disentitlement for conviction for murder

  1. The Corporation must not provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant—

  2. is entitled to the entitlement because of the death of another person; and
    1. has been convicted in New Zealand or another country of the murder of the other person.

      1. The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the murder of the other person.

      2. The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is withdrawn.

      3. An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and may be recovered in any court of competent jurisdiction, if—

      4. the Corporation has provided the entitlement because of the death of another person; and
        1. the claimant has been convicted by a court in New Zealand or another country of the murder of the other person.

          1. In this section, murder—

          2. means murder within the meaning of the Crimes Act 1961; and
            1. includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder.

              Notes
              • Section 120(1): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).