197Compensation for loss or damage due to exercise of other powers during emergency declarations

1. This section applies to a person—

2. who has suffered loss or damage to property as a result of an action or a measure described in subsection (3); and
3. for whom the benefit, or the likely benefit, of the action or measure is disproportionately less than the loss or damage.

4. However, this section does not apply if the person is eligible to apply for compensation under section 191 or 193.

5. The actions or measures are actions or measures taken—

6. in the exercise of a power under sections 128 to 135 or 161 to 165 by 1 or more of the following persons:
   1. a Controller:
   2. a Recovery Manager:
   3. a constable; and
7. in good faith by the person exercising the power in the course of performing or exercising their functions, duties, or powers during, or in connection with, a state of emergency or transition period.

8. A person to whom this section applies may recover compensation from the Crown or from the responsible Emergency Management Committee or territorial authority in accordance with this section and sections 198 and 199.

9. A claim to recover compensation under subsection (4)—

10. may be brought only for direct loss or damage suffered in relation to property; and
11. may be brought only in respect of uninsured loss or damage that does not exceed the replacement value of that property; and
12. must not be brought by a provider of insurance in relation to any person who has insured against the loss or damage.

13. In this section and sections 199 and 200, property means—

14. real property; and
15. livestock; and
16. personal property, excluding livestock and other animals, not exceeding $20,000 in value less any insurance cover for that personal property.