Part 9 Miscellaneous provisions

162A Compensation

(1)

This section applies when—

(a)

powers under this Act are exercised for the purpose of eradicating or managing an organism; and

(b)

the powers are not exercised to implement a pest management plan or pathway management plan; and

(c)

the exercise of the powers causes loss to a person as a result of—

(i)

damage to or destruction of the person’s property; or

(ii)

restrictions imposed under Part 6 or 7 on the movement or disposal of the person’s goods; and

(d)

there is no agreement under Part 5A that applies to the loss and whose provisions on compensation are expressed to take priority over this section.

(2)

The person is entitled to compensation under this section for loss that—

(a)

is verifiable; and

(b)

is loss that the person has been unable to mitigate by taking every step that is reasonable in the circumstances.

(3)

Compensation must not be paid if—

(a)

the person’s loss relates to unauthorised goods or uncleared goods; or

(b)

the person suffered the loss before the time at which the exercise of the powers began; or

(c)

the person failed to comply with biosecurity law—

(i)

in a serious or significant way; or

(ii)

in a way that contributed to the presence of the organism; or

(iii)

in a way that contributed to the spread of the organism.

(4)

The amount of compensation paid must put the person to whom it is paid in no better or worse position than a person whose property or goods are not directly affected by the exercise of the powers.

(5)

The period for making a claim for compensation after the date on which the loss suffered by the person ought reasonably to have been verifiable is—

(a)

within 1 year from the date; or

(b)

after 1 year from the date, if the person was unable to make a claim within 1 year because of circumstances beyond the person’s control.

(6)

If there is a dispute about eligibility for, or the amount of, compensation,—

(a)

the dispute must be submitted to arbitration; and

(b)

the arbitration must be conducted under the Arbitration Act 1996.

(7)

Compensation payable by a Minister or a chief executive is payable from money appropriated by Parliament for the purpose.

Section 162A: replaced, on 18 September 2012, by section 74 of the Biosecurity Law Reform Act 2012 (2012 No 73).