(1) Compensation as hereinafter provided shall be paid out of money to be appropriated by Parliament for the purpose to every person having any estate or interest in any lands to which a Proclamation under this Act relates in respect of any loss or injury suffered by that person by reason—
(2) The amount of compensation payable under this section shall be such amount as may be mutually agreed on between the Minister of Defence and the claimant.
(3) In default of agreement between the Minister and the claimant as to the amount of compensation to be paid to the claimant, the Minister shall forthwith submit the claim to a District Court Judge for inquiry.
(4) The District Court Judge to whom a claim is submitted under this section shall as soon as conveniently may be inquire into the same, and shall assess the amount of compensation properly payable in respect of the loss or injury suffered by the claimant (not exceeding the amount specified in the claim), and the determination of the District Court Judge shall be final.
(5) In considering a claim under this section and assessing the amount of compensation properly payable thereunder, the District Court Judge shall take into consideration—
(a) The length of notice given to the claimant, whether by public notice or otherwise howsoever, that the land in respect of which the loss or injury has occurred was required for the purposes of military manoeuvres:
(b) The directions given by the Minister of Defence or by any officer of the New Zealand Army, or by regulations under this Act, as to precautions to be taken in order to avoid or minimise the risk of loss or injury by reason of such manoeuvres:
(6) No compensation shall be payable under this Act in respect of loss or injury resulting by reason of the failure of the claimant to take reasonable precautions to prevent such loss or injury, but compensation shall be paid in respect of the expenses or loss reasonably incurred by the claimant in taking such precautions.
(7) For the purposes of any inquiry under this section a District Court Judge shall have the same power of summoning witnesses and hearing evidence as if the claim was a complaint under the Summary Proceedings Act 1957.
In subsection (3) the reference to a District Court Judge was substituted for a reference to a Stipendiary Magistrate pursuant to section 18(2) of the District Courts Amendment Act 1979.
In subsections (4), (5), and (7) the references to a District Court Judge were substituted for references to a Magistrate by section 18(2) of the District Courts Amendment Act 1979.
In subsection (5)(b) the reference to the New Zealand Army was substituted for a reference to the Defence Forces by section 159 of the New Zealand Army Act 1950. See section 2(1) of the Defence Act 1971. In subsection (7) the Summary Proceedings Act 1957 has been substituted for the repealed Justices of the Peace Act 1908.