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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

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

You could also call this:

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

Illustration for Emergency Management Bill (No 2)

If you have personal property that is lost or damaged while someone is doing emergency management work, you might get compensation. You will get this compensation from the Crown if the person who lost the property was working under someone like the Director-General or the National Controller. The Crown will pay you using money that Parliament has set aside for this purpose. If you are a person or part of a group that the Minister says is covered by section 193, you will also get compensation from the Crown. In some cases, you will get compensation from the Emergency Management Committee or the territorial authority, depending on who was in charge of the emergency management work. This will happen if you were working under someone like a Regional Controller or a Local Controller. The compensation rules depend on who was controlling the emergency management work when your property was lost or damaged. You will get compensation from the responsible Emergency Management Committee if you were working under their control. You will get compensation from the territorial authority if you were working under someone like a District Controller.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1541965.

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

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


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195: When compensation is payable by more than 1 party, or

"What happens when multiple groups owe you compensation"

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

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

  1. This section sets out who is liable to pay compensation due under section 193.

  2. The compensation is payable by the Crown, out of money appropriated by Parliament for the purpose, if the person entitled to the payment—

  3. was, at the time of the loss or damage, carrying out emergency management under the control of any of the following:
    1. the Director-General or a person acting under the authority of the Director-General:
      1. the National Controller:
        1. the National Recovery Manager; or
        2. is a person or a member of a class of persons to whom the Minister has determined section 193 applies.
          1. The compensation is payable by the responsible Emergency Management Committee if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the control of any of the following:

          2. the Committee:
            1. a Regional Controller appointed by—
              1. the Committee, if it is a multi-member Emergency Management Committee; or
                1. the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee:
                2. a Regional Recovery Manager appointed by—
                  1. the Committee, if it is a multi-member Emergency Management Committee; or
                    1. the chief executive of the relevant unitary authority if the Committee is a unitary authority Emergency Management Committee:
                    2. a Local Controller:
                      1. a Local Recovery Manager.
                        1. The compensation is payable by the responsible territorial authority if the person entitled to the payment was, at the time of the loss or damage, carrying out emergency management under the control of either of the following:

                        2. a District Controller:
                          1. a District Recovery Manager.