(1) A person against whom a prohibition order is made who suffers loss as a
result of the making of the order may apply to the person who made the order
for compensation if the person against whom the order is made considers that
the order was not made in good faith or that there were no grounds for the
making of the order.
(2) If the order was not made in good faith or there
were no grounds for the making of the order, the Secretary, the
local government authority or the council (if the order was issued by the
General Manager of the council) is to pay such compensation to the applicant
as is just and reasonable.
(3) The person who made the prohibition order is
to determine the compensation payable in accordance with subsection (2).
(4)
The person who made the prohibition order is to send written notification of
its determination as to the payment of compensation under this section to each
applicant for the payment of such compensation.
(5) If an application for
compensation under this section is not determined by the person who made the
prohibition order within 28 days of receiving the application, the application
is taken to have been refused.
(6) An applicant for the payment of
compensation under this section who is dissatisfied with a determination as to
the refusal to pay compensation or as to the amount of compensation may apply
to the Civil and Administrative Tribunal for an administrative review under
the Administrative Decisions Review Act 1997 of the determination--
(a)
within 28 days after the day on which notification of the determination was
received, or
(b) in a case to which subsection (5) applies, within 28 days
after the expiration of the 28-day period referred to in that subsection.
