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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 due to exercise of other powers

200: Considerations for court if claim brought under section 197

You could also call this:

"What the court thinks about when you claim for compensation"

Illustration for Emergency Management Bill (No 2)

If you bring a claim to recover compensation under section 197, this section applies to you. You are claiming against the Crown, an Emergency Management Committee, or a territorial authority. The court must consider certain matters when deciding your claim. The court looks at sections 197 to 199 when making a decision. You took an action or a measure described in section 197(3). The court thinks about what would have happened if you had not taken the action or measure. The court considers how likely it was that the bad thing would have happened anyway. It also thinks about how much loss or damage the action or measure caused you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1037168.

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199: Principles for payment of compensation recovered under section 197, or

"How compensation is paid for damaged property"

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"Emergency Management Committee can get back costs from another Committee for help given"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compensation, civil liability, and other protections: Compensation for loss or damage due to exercise of other powers

200Considerations for court if claim brought under section 197

  1. This section applies if a person brings a claim against the Crown, an Emergency Management Committee, or a territorial authority to recover compensation under section 197.

  2. The court, in determining the application of sections 197 to 199, must, in respect of an action or a measure described in section 197(3), take into account the following matters:

  3. the likelihood that the adverse effect on the claimant’s property that the action or measure was intended to avert would have occurred if the action or measure had not been taken:
    1. the extent of the loss or damage caused by the action or measure taken.