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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Compensation, civil liability, and other protections - Compensation for persons whose property is requisitioned

191: Compensation for persons whose property is requisitioned during state of emergency

You could also call this:

"Getting paid back if your property is used in an emergency"

Illustration for Emergency Management Bill (No 2)

If your property is taken over during a state of emergency, you might get compensation. This happens when someone in charge, like a Controller, Emergency Management Committee, or constable, takes control of your property. You can apply for reasonable compensation if your property is used or damaged while under their control. You can get compensation for the value of your property being used, minus any money you get or expect to get for that use. You can also get compensation if your property is damaged or loses value, minus any money you get or expect to get for that damage. The people in charge will decide how much compensation you get, based on the value of the use or damage to your property. You can apply for compensation if you have an interest in the property that was taken over, such as being the owner. The compensation is meant to be fair and reasonable, considering what happened to your property while it was under emergency management control, as outlined in section 132.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022573.

This page was last updated on 31 December 2025 — View changes

Topics:

Emergency management > Government assistanceEmergency management > Property protectionMoney and consumer rights > Compensation and insuranceHousing and property > Property rightsHousing and property > Home safety and repairs

190: Interpretation of this subpart, or

"What 'compensatory amount' means in the Emergency Management Bill"

192: Who is liable to pay compensation to persons whose property is requisitioned, or

"Who pays you if your property is taken over?"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compensation, civil liability, and other protections: Compensation for persons whose property is requisitioned

191Compensation for persons whose property is requisitioned during state of emergency

This section applies if, as a result of an exercise of a power under section 132, requisitioned property has come under the control and direction of 1 or more of the following (emergency management control):
a Controller:
an Emergency Management Committee or a person authorised by a Committee:
a constable.

On the application of any person with an interest in the requisitioned property, reasonable compensation is payable to that person for either or both of the following, if applicable:
if the requisitioned property has been used while under emergency management control, the value of the use of the property less any compensatory amount that the person receives or reasonably expects to receive:
if the requisitioned property has suffered any loss or damage while under emergency management control, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive.

Compare

2002 No 33 s 107