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s 11

Compensation

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Part IIICompensation

11 Compensation

(1)

Despite section 9, a person who:

(a)

complies with a direction, prohibition or requisition under section 7 or is engaged in complying with or carrying into effect the direction, prohibition or requisition; and

(b)

suffers a loss, injury or damage resulting or arising from, or by reason of complying with the direction, prohibition or requisition under section 7,

is to be compensated by the Crown, on just terms, for the loss, injury or damage so suffered.

(2)

If a person dies as a result of, or whilst engaged in, complying with a direction, prohibition or requisition under section 7 and, but for the person's death, the person would have had a right under subsection (1) to compensation from the Crown on just terms:

(a)

the person's death is deemed to be the result of a wrongful act;

and

(b)

the person's right to compensation is deemed to be an action for damages,

for the purposes of section 7(1) of the Compensation (Fatal

Injuries) Act 1974.

(3)

A person who has a right to compensation from the Crown on just terms, under subsection (1), may apply to the Supreme Court to determine the amount of compensation and the Supreme Court is to determine the amount accordingly.

Part IV Miscellaneous

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