EMERGENCY MANAGEMENT ACT 2005 - SECT 78

EMERGENCY MANAGEMENT ACT 2005 - SECT 78

78 .         Entitlement to compensation

        (1)         Subject to this Division, a person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 46, 47, 48, 69 or 75(1)(f) is entitled to be paid just and reasonable compensation for the loss or damage.

        (2)         Compensation is not payable to the person for loss or damage to the extent that —

            (a)         an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or

            (b)         the conduct of the person contributed to the loss or damage.

        (3)         Compensation is not payable to the person for loss or damage if the loss or damage would have happened in any event irrespective of the exercise, or purported exercise, of the power.

        [Section 78: modified by section 77X(1).]