Section 120 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Disentitlement for conviction for murder
Text of the provision Official document
120 Disentitlement for conviction for murder (1) The Corporation must not provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant— (a) is entitled to the entitlement because of the death of another person; and (b) has been convicted in New Zealand or another country of the murder of the other person. (2) The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the murder of the other person. (3) The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is withdrawn. (4) An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and may be recovered in any court of competent jurisdiction, if— (a) the Corporation has provided the entitlement because of the death of another person; and (b) the claimant has been convicted by a court in New Zealand or another country of the murder of the other person. (5) In this section, murder — (a) means murder within the meaning of the Crimes Act 1961 ; and (b) includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder. Compare: 1998 No 114 s 121 Subsection (1) was amended, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ must not ” for the words “ is not liable to ” .
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →