10 Powers of requisition

(1)

Where the Minister is satisfied—

(a)

that there is an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces; and

(b)

that it is necessary to requisition—

(i)

any ship, vehicle, aircraft, supplies, or equipment for the use of the Armed Forces in connection with the emergency; or

(ii)

any land, building, or installation required to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces in connection with that emergency,—

the Minister may authorise the Chief of Defence Force to exercise the powers conferred by subsection (2) in respect of any specified property or type of property referred to in that subsection.

(2)

The Chief of Defence Force may, where so authorised by the Minister under subsection (1), requisition—

(a)

any ship, vehicle, aircraft, supplies, or equipment necessary for the use of the Armed Forces; or

(b)

any land, building, or installation necessary to enable the use of any ship, vehicle, aircraft, supplies, or equipment by the Armed Forces—

in connection with an actual or imminent emergency involving the deployment outside New Zealand of any part of the Armed Forces.

(3)

Subject to subsection (4), in exercising the powers conferred by subsection (2), the Chief of Defence Force shall give to the owner or person in control of the requisitioned property a written statement specifying the property and requiring it to be placed forthwith under the control of a member of the Defence Force.

(4)

Where the owner or other person in control of the requisitioned property cannot be found immediately, the Chief of Defence Force—

(a)

may direct that a member of the Defence Force shall assume forthwith the control of the property; and

(b)

shall, on giving any such direction, ensure that as soon as is reasonably practicable, a written statement specifying the requisitioned property is given to the owner or person formerly in control of the property.

(5)

Where any requisitioned property has come under the control of any part of the Defence Force under this section, there shall be payable, out of money appropriated by Parliament, to any person having an interest in the property, just compensation for its use, including any loss, injury, or damage suffered by that person and arising out of that control.

(6)

Any court of competent jurisdiction may determine any dispute about the liability of the Crown to pay any compensation under this section, or the amount of any such compensation, or the entitlement of any person to all or part of any compensation payable.