Prisoners' and Victims' Claims Act 2005

6 Specified claim

(1)

In this Act, specified claim means a claim for compensation, made by or on behalf of a person (the plaintiff) who is or was a person under control or supervision, and based on—

(a)

an act or omission by or on behalf of the Crown (the defendant)—

(i)

before or after the commencement of this Act; and

(ii)

affecting the person as (including, without limitation, by making the person) a person under control or supervision; and

(b)

a breach of, or interference with, a specified right (the right concerned) or, if subpart 2 of Part 2 applies, the law relating to liabilities in tort.

(2)

In this section,—

a breach of, or interference with, a specified right means—

(a)

a breach of, or interference with, a right contained in and affirmed by the New Zealand Bill of Rights Act 1990; or

(b)

a breach of Part 1A or Part 2 of the Human Rights Act 1993; or

(c)

an interference with the privacy of an individual (within the meaning of section 66 of the Privacy Act 1993)

Crown includes a contractor or security contractor as defined in—

(a)

section 3(1) of the Corrections Act 2004; or

(b)

section 2(1) of the Penal Institutions Act 1954.

Section 6(1)(a)(ii): amended (with effect on 4 June 2005), on 1 July 2013, by section 7 of the Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Act 2013 (2013 No 36).