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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Compensation, civil liability, and other protections - Compensation for loss or damage to personal property

193: Compensation for loss or damage to personal property while performing emergency management

You could also call this:

"Help with emergencies and get paid back for lost or damaged things"

Illustration for Emergency Management Bill (No 2)

If you help with emergency management during a state of emergency, you might lose or damage your personal property. You can get compensation for this loss or damage if you are doing emergency management work under someone's direction. This includes people who work with the Director-General, an Emergency Management Committee, a Controller, or a Recovery Manager. You can also get compensation if you are a member of an Emergency Management Committee. The Minister can decide that other people should be eligible for compensation too, if they meet certain criteria. You cannot get compensation under this section if you can already get it under section 191. If you are eligible, you can apply for compensation, which will be the value of the lost or damaged property, minus any other compensation you get. If the Minister decides a group of people is eligible, they must announce this in the Gazette as soon as possible. This section does not affect any benefits you might get under the Social Security Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022574.

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Topics:
Government and voting > Emergency managementMoney and consumer rights > Compensation and insurance
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192: Who is liable to pay compensation to persons whose property is requisitioned, or

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

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194: Who is liable to pay compensation for loss or damage to personal property while performing emergency management, or

"Who pays for damage to your things during emergencies?"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compensation, civil liability, and other protections: Compensation for loss or damage to personal property

193Compensation for loss or damage to personal property while performing emergency management

  1. This section applies to the following persons if that person suffers loss of, or damage to, personal property as a result of the person performing or exercising a function, duty, or power during a state of emergency or transition period:

  2. a person who carries out emergency management under the direction of the Director-General, an Emergency Management Committee, a Controller, or a Recovery Manager:
    1. a member of an Emergency Management Committee.

      1. This section also applies to any other person or class of persons that the Minister determines should be eligible to apply for compensation under this section, provided that both of the following criteria are met:

      2. the person or class of persons has suffered loss of, or damage to, personal property:
        1. that loss or damage is a result of the person or class of persons carrying out emergency management during a state of emergency or transition period.

          1. However, this section does not apply if the person is eligible to apply for compensation under section 191.

          2. On the application of a person to whom this section applies, compensation is payable to that person that is equal to either of the following:

          3. if the personal property has been lost, the value of the property less any compensatory amount that the person receives or reasonably expects to receive:
            1. if the personal property has been damaged, the reduction in the value of the property less any compensatory amount that the person receives or reasonably expects to receive.

              1. If the Minister determines, under subsection (2), that this section applies to a class of persons, the Minister must, by notice in the Gazette, notify that determination as soon as practicable.

              2. Nothing in this section limits or affects the entitlement of any person to any benefit under the Social Security Act 2018.

              3. Subsection (6) applies despite anything to the contrary in that Act.

              Compare
              • 2002 No 33 s 108