Section 122 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Court may deny entitlements to previously imprisoned offender

122 Court may deny entitlements to previously imprisoned offender (1) The Corporation may apply to a District Court in the following circumstances: (a) a claimant suffers personal injury in the course of committing an offence; and (b) the claimant is sentenced to imprisonment for committing the offence; and (c) the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury; and (d) the Corporation is aware of the claimant's sentence. (2) The application must ask for a determination, in relation to the entitlements that the Corporation is liable to provide to the claimant, that either— (a) the Corporation must provide them all when the claimant is released from a prison (within the meaning of section 3(1) of the Corrections Act 2004 ); or (b) the Corporation must not provide 1 or more specified entitlements, either wholly or partly, at any time because it would be repugnant to justice for the claimant to receive it or them. (3) In determining whether it would be repugnant to justice for the claimant to receive a specified entitlement, the court must have regard, without limitation, to the following matters: (a) the harm caused by the claimant's offence; and (b) the gravity of the offence; and (c) the claimant's personal culpability for the offence; and (d) the extent of other penalties the claimant has already suffered because of the offence; and (e) the claimant's personal circumstances; and (f) the nature of the entitlement; and (g) the strength of the claimant's need for the entitlement; and (h) the resources the claimant has to meet that need. (4) The Corporation is liable to provide the entitlements until the court makes a determination to the contrary under subsection (2)(b) , if the claimant is no longer imprisoned and no determination has been made under subsection (2)(b) . (5) Every application to a District Court under this section must be made by originating application. Compare: 1998 No 114 s 123 Subsection (2)(a) was substituted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison (within the meaning of section 3(1) of the Corrections Act 2004) ” for the words “ penal institution (as defined in the Penal Institutions Act 1954) ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).