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StatuteProtection of Personal and Property Rights Act 1988

Section 108B — Protection of Personal and Property Rights Act 1988: Approval of court required to settle claims of specified persons

Text of the provision Official document

108B Approval of court required to settle claims of specified persons (1) This section applies where money or damages are claimed by or on behalf of a specified person, whether alone or in conjunction with another person. (2) If the claim is not the subject of proceedings before a court, an agreement for the comprise or settlement of the claim entered into by the specified person, or on his or her behalf by a person who, in the opinion of a court, is a fit and proper person to do so, is binding on the specified person if the agreement, or a release of the claim, is in writing and is approved by the court under section 108C . (3) If the claim has not been compromised or settled in accordance with subsection (2) , and has become the subject of proceedings before a court, a settlement, compromise, or payment, or acceptance of money paid into court, whenever entered into or made, is valid so far as it relates to the specified person's claim only with the approval of the court under section 108C . Compare: 1957 No 36 s 66(1) Part 9A (comprising sections 108A to 108G) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.