Section 416 — Resource Management Act 1991: Compensation

416 Compensation (1) No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413. (2) Notwithstanding section 85 but except as provided in subsection (3) , the holder of a deemed permit— (a) Taken or acquired in whole or in part under section 415 ; or (b) Whose estate or interest in land is injuriously affected by, or who suffers any damage resulting from, a regional rule of the kind referred to in section 414 — shall be entitled to compensation from the regional council for such taking, acquisition, injurious affection, or damage. (3) When determining for the purposes of subsection (2)(b) the amount of any loss, damage, or injurious affection suffered by a holder of a deemed permit, the entitlement of a holder of any other deemed permit that is surrendered at the time the rule becomes operative shall be regarded as being used in full throughout the remainder of the duration of the first-mentioned permit. (4) Except as provided in subsection (3) ,— (a) Claims for compensation under this section or under section 415 shall be made and determined in accordance with the Public Works Act 1981 ; and (b) When determining the amount of compensation payable under the Public Works Act 1981 for any loss, damage, or injurious affection suffered, or for the taking or acquisition of the deemed permit,— (i) For the purposes of section 62 of that Act in the case of a claim for injurious affection or damage resulting from a regional rule of the kind referred to in section 414 , the specified date shall be the date the regional rule becomes operative; and (ii) For the purposes of that Act, the deemed permit shall be deemed to be due to expire on the thirtieth anniversary of the specified date.