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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

198: Parties from whom person may recover compensation under section 197

You could also call this:

"Who you can claim compensation from if the new emergency law affects you"

Illustration for Emergency Management Bill (No 2)

If a proposed new law applies to you, you may be able to get compensation. You can get this compensation from the Crown if certain people take action, such as the National Controller, the National Recovery Manager, or a constable. The Crown will pay you using money that Parliament has set aside for this purpose. You may also be able to get compensation from an Emergency Management Committee if they or certain people they appoint take action. This includes people like a Regional Controller or a Regional Recovery Manager. You can also get compensation from a territorial authority if a District Controller or a District Recovery Manager takes action. You can find more information about who can get compensation in section 197. This is part of a proposed new law, so it is not yet in effect. It will only apply if it is passed by Parliament.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1542019.

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Topics:
Government and voting > Emergency managementMoney and consumer rights > Compensation
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197: Compensation for loss or damage due to exercise of other powers during emergency declarations, or

"Getting paid back for damage to your property during an emergency"

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

"How compensation is paid for damaged property"

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

198Parties from whom person may recover compensation under section 197

  1. This section applies to a person to whom section 197 applies.

  2. The person may recover compensation from the Crown, out of money appropriated by Parliament for the purpose, if the action or measure was taken by any of the following:

  3. the National Controller:
    1. the National Recovery Manager:
      1. a constable.

        1. The person may recover compensation from the responsible Emergency Management Committee if the action or measure was taken by 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 person may recover compensation from the responsible territorial authority if the action or measure was taken by either of the following:

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