Act Repealed Latest version as at 16 September 1966 (as enacted) | 1966 No 22

Criminal Injuries Compensation Amendment Act 1966

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Contents

Short Title

Compensation for loss of property

Consequential amendment

Criminal Injuries Compensation Amendment Act 1966

Public Act		1966 No 22
Date of assent		16 September 1966

	Title
1	Short Title
2	Compensation for loss of property
3	Consequential amendment
	Administrative information

An Act to amend the Criminal Injuries Compensation Act 1963

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Criminal Injuries Compensation Amendment Act 1966, and shall be read together with and deemed part of the Criminal Injuries Compensation Act 1963 (hereinafter referred to as the principal Act).

2 Compensation for loss of property

The principal Act is hereby amended by inserting, after section 22, the following heading and section:

“Compensation for Loss of Property

“22a

“(1)

This section shall apply in any case where any person suffers any loss of or damage to any real or personal property through or by means of any act or omission of an escaper (being an act or omission that occurred in New Zealand after the commencement of this section) that was intended to facilitate the flight of the escaper or the avoidance of his recapture, or occurred in the course of his escaping or attempting to escape or while he was fleeing to avoid recapture.

“(2)

In any case where the Tribunal is satisfied that this section applies it may in its discretion, on application, make an order in accordance with this Act for the payment of compensation to or for the benefit of the person who suffered the loss or damage.

“(3)

Compensation may be awarded by the Tribunal under this section in respect of any one or more of the following matters:

“(a)

Actual loss of or damage to any property:

“(b)

Expenses actually and reasonably incurred in recovering any property that has been stolen or removed:

“(c)

Expenses actually and reasonably incurred as a result of the loss of the use of any property for any period.

“(4)

The amount awarded to any applicant under this section shall not exceed in the aggregate one thousand pounds.

“(5)

In determining the amount (if any) to be awarded to any applicant under this section the Tribunal—

“(a)

Shall have regard to any behaviour of the applicant which directly or indirectly contributed to the loss or damage, and to any failure by the applicant to take reasonable steps to avoid or mitigate the loss or damage; and

“(b)

Shall deduct any payments received by the applicant by way of compensation or damages from the escaper or any person on the escaper’s behalf in respect of the loss or damage; and

“(c)

Shall deduct any payments received by or payable to the applicant under any policy of insurance in respect of the property; and

“(d)

May have regard to such other circumstances as it considers relevant.

“(6)

For the purposes of paragraph (a) of subsection (5) of this section, a failure by the applicant to insure against the loss or damage shall, if the Tribunal considers that such failure was imprudent having regard to the circumstances of the case and to normal practice, be treated as a failure to take reasonable steps to avoid the loss or damage.

“(7)

For the purposes of this section, the following provisions of this Act shall not apply:

“(a)

Subsection (1) of section 17:

“(b)

Section 18:

“(c)

Subsections (3) to (8) of section 19:

“(d)

Paragraph (c) of subsection (2) of section 21:

“(e)

Section 27.

“(8)

Subject to the provisions of this section, the provisions of this Act shall apply, so far as they are applicable and with all necessary modifications, in respect of compensation under this section.

“(9)

In the application of the provisions of this Act for the purposes of this section—

“(a)

References to the victim (except in section 2) shall be read as references to the applicant:

“(b)

References to the offender shall be read as references to the escaper:

“(c)

References to injury or death (except in section 2) shall be read as references to loss or damage:

“(d)

The reference in subsection (1) of section 25 to any sum that has not been deducted under paragraph (b) of subsection (7) of section 19 shall be read as a reference to any sum that has not been deducted under paragraph (b) of subsection (5) of this section.

“(10)

For the purposes of this section, the term ‘escaper’ means any inmate of a penal institution, within the meaning of the Penal Institutions Act 1954, who escapes or attempts to escape from legal custody.”

3 Consequential amendment

The Schedule to the principal Act is hereby amended by omitting the heading “Offences to Which This Act Applies”, and substituting the heading “Offences to Which Section 17 of This Act Applies”.

This Act is administered in the Department of Justice.

Criminal Injuries Compensation Amendment Act 1966