shillings a week in respect of each of the victim's
children under the age of sixteen years (or under
the age of eighteen years and engaged in a full-
time course of education or training) who is depen-
dent on him, during the period of the victim's
incapacity for work, but in no case for a longer
aggregate period than six years:

(b) In the case of pecuniary loss to dependants as a
result of the victim's death, a sum, in respect
of all dependants, equal to nine pounds a week,
increased by ten shillings a week in respect of
each of the victim's children who was dependent
on him at the time of his death and is for the
time being under the age of sixteen years (or
under the age of eighteen years and engaged in
a full-time course of education or training),
but in no case for a longer aggregate period than
aix years:

(c) In the case of other pecuniary loss and of expenses,
the sum of one thousand pounds:

(d) In the case of pain and suffering of the victim, the

sum of five hundred pounds.

(4) The Governor-General may from time to time, by Order in Council, fix the maximum amount of compensation that may be awarded in cases to which paragraph (a) or paragraph (b) of subsection (3) of this section applies by prescribing for any amount specified in either of those paragraphs any other amount, and thereupon that subsection shall have effect as if it had been amended accordingly.

(5) Where an unmarried victim employs a housekeeper under a contract of service and has any dependent children under the age of sixteen years (or under the age of eighteen years and engaged in a full-time course of education or traning), the provisions of paragraph (a) of subsection (3) of this section shall apply as if the victim had a wife dependent on him.

(6) Where the injured victim is a schoolchild or is a minor engaged in a full-time course of education or training, the Tribunal may have regard, for the purposes of this section, to any estimated future total or partial incapacity for work.

Tribunal

(7) In determining the amount (if any) to be so awarded, the

(a) Shall have regard to any behaviour of the victim
which directly or indirectly contributed to his
injury or death; and

(b) Shall deduct any payments received by the victim or
any of his dependants, by way of compensation or
damages from the offender or any person on the
offender's behalf or pursuant to Part VI of the
Transport Act 1962, in respect of the injury or
death; and

(c) Shall deduct any payments received by or payable to
the victim or any of his dependants under the
Workers' Compensation Act 1956 in respect of the
injury or death; and

(d) Shall deduct any payments received by or payable to
the victim or any of his dependants under the Social
Security Act 1938 or the War Pensions Act 1954 in
respect of the injury or death; and

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(e) May have regard to such other circumstances as it

considers relevant.

(8) Nothing in section 74 of the Social Security Act 1938 shall apply in respect of any compensation awarded or paid to any person under this Act.

20. Terms of order - (1) Any order for the payment of compensation under this Act may be made on and subject to such terms and conditions as the Tribunal thinks fit as to the payment, disposal, allotment, or apportionment of the compensation to or for the benefit of the victim or the dependants or any of them or to any other person, or as to the holding of the compensation or any part thereof on trust for the victim or the dependants or any of them, whether as a class fund or otherwise.

(2) Without limiting the generality of the provisions of subsection (1) of this section, it is hereby declared that the Tribunal shall have for the purposes of this Act the same powers as the Compensation Court has under section 58 to 62 and sections 66 to 68 of the Workers' Compensation Act 1956; and where the Tribunal exercises any such power such of those provisions as are applicable to the case shall apply, with all necessary modifications.

(3) Where pursuant to any order under this Act any amount is paid to any person under the age of twenty-one years his receipt therefor shall be a sufficient discharge.

21. Variation of order - (1) The Tribunal may at any time, on the application of the Attorney-General or of the victim or any dependant, or of the offender, vary any order for payment of compensation made under this Act in such manner as the Tribunal thinks fit, whether as to terms of the order or by increasing or decreasing the amount ordered to be paid or otherwise.

(2) In considering any application under this section, the

Tribunal may have regard to

22.

(a) Any fresh evidence which has become available:
(b) Any change of circumstances that has occurred since
the making of the order or, as the case may be, of
any previous variation of the order, or that is
likely to occur:

(c) Any payments received or payable to the victim or any
of his dependants under the provisions of the
Social Security Act 1938 or the War Pensions Act
1954 or the Workers' Compensation Act 1956 or
otherwise in respect of the injury or death since
the making of the order or, as the case may be,
of any previous variation of the order:

(d) Any other matter the Tribunal considers relevant.

Payment of compensation - The amount of any compensation ordered by the Tribunal to be paid pursuant to this Act, together with any costs awarded to the applicant, shall be paid out of the Consolidated Fund, from money appropriated by Parliament for the purpose.

39-867 O 70 13

74

"Compensatio: for Loss of Property

"22A. (1) This section shall apply in any case where any person suffers any lose of or damage to any real or personal property through or by means of any act or omission of an escaper (being an act or omission that occurred in New Zealand after the commencement of this section) that was intended to facilitate the flight of the escaper or the avoidance of his recapture, or occurred in the course of his escaping or attempting to escape or while he was fleeing to avoid recapture.

"(2) In any case where the Tribunal is satisfied that this section applies it may in its discretion, ca application, make an order in accordance with this Act for the payment of compensation to or for the benefit of the person who suffered the loss or damage.

"(3) Compensation may be awarded by the Tribunal under this section in respect of any one or more of the following matters:

"(a) Actual loss of or damage to any property:
"(b) Expenses actually and reasonably incurred in
recovering any property that has been stolen
or removed:

"(c) Expenses actually and reasonably incurred as a
result of the loss of the "ae of any property

for any period.

"(4) The amount awarded to any applicant under this section shall not exceed in the aggregate one thousand pounds.

"(5) In determining the cmount (if any) to be awarded to any applicant under this section the Tribunai

"(a) Shall have regard to ɛny behaviour of the applicant
which directly or indirectly contributed to the
loss or damage, and to any failure by the applicant
to take reasonable steps to avoid or mitigate the
loss or damage; and

"(b) Shall deduct any payments received by the applicant
by way of compensation cr damages from the escaper
or any person on the escrper's behalf in respect
of the loss or damage; and

"(c) Shall deduct any payments received by or payable to
the applicant undes ary policy of insurance in
respect of the property; und

"(d) May have regard to such other circumstances as it

considers relevant.

"(6) For the purposer of paragraph (a) of subsection (5) of this section, a failure by the applicant to insure against the loss or damage shall, if the Tribunal considers that such failure was improdent having regard to the circumstances of the case and to normal practice, be treated as a failure to take reasonable steps to avoid the loss or damage. "(7) For the purposes of this section, the following provisions of this Act shall not apply:

"(c) Subsections (3) to) of section 19:

"(d) Paragraph (c) of nubsection (2) of section 21:

"(e) Section 27.

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"(8) Subject to the provisions of this section, the provisions of this Act shall apply, so far as they are applicable and with all necessary modifications, in respect of compensation under this section.

"(9) In the application of the provisions of this Act for the purposes of this section

"(a) References to the victim (except in section 2) shall
be read as references to the applicant:

"(b) References to the offender shall be read as references
to the escaper:

"(c) References to injury or death (except in section 2)
shall be read as references to loss or damage:

"(d) The reference in subsection (1) of section 25 to any
sum that has not been deducted under paragraph
(b) of subsection (7) of section 19 shall be read

as a reference to any sum that has not been
deducted under paragraph (b) of subsection (5) of
this section.

"(10) For the purposes of this section, the term 'escaper' means any inmate of a penal institution, within the meaning of the Penal Institutions Act 1954, who escapes or attempts to escape from legal custody."

Recovery of Compensation

23. Recovery from offender - (1) Where any person is convicted of any offence, and an order for the payment of compensation is or has been made under this Act in respect of injury or death resulting from the act or omission constituting that offence, the Tribunal may at any time in its discretion, on the application of the Secretary for Justice, make an order directing the offender to refund the whole or any specified part of the amount of the compensation paid or payable, together with the whole or any specified part of any costs awarded in respect of the application for compensation.

(2) Any such order may be for the payment by the offender of a lump sum or of periodical payments during a specified period, or both.

(3) Before making any order under this section the Tribunal shall give the offender an opportunity to be heard, shall obtain and consider a report from a probation officer, and shall have regard to the financial position of the offender, his employment, the possibilities of future employment, his liabilities to his family and otherwise, and such other circumstances as the Tribunal considers relevant.

(4) The Tribunal may at any time, on the application of the Secretary for Justice or of the offender, vary any order made under this section in such manner as it thinks fit. The provisions of subsection (2) of section 21 of this Act shall apply to any such application.

(5) Where any order is made under this section, the offender may appeal to the Supreme Court against the order in the same manner as if it were an order to which section 115 of the Summary Proceedings Act 1957 applies; and the provisions of Part IV of that Act shall apply accordingly, so far as they are applicable and with all necessary modifications.

24. Enforcement of recovery order (1) Any order made under section 23 of this Act may be filed in a Magistrate's Court, and may thereupon, irrespective of the amount thereof, be enforced as a judgment of that Court. (2) Section 21c of the Penal Institutions Act 1954 (as inserted by section 2 of the Penal Institutions Amendment Act 1961) is hereby amended by inserting in subsection (4), after paragraph (c), the following paragraph:

"(cc)

Any amount ordered by the Crimes Compensation
Tribunal to be refunded pursuant to section
23 of the Criminal Injuries Compensation
Act 1963:".

25. Recovery from victim or dependants - (1) Where compensation is paid under this Act to any victim or any dependant in respect of any injury or death, and he receives, by way of compensation or damages from the offender or any person on the offender's behalf or pursuant to Part VI of the Transport Act 1962, any sum that has not been deducted under paragraph (b) of subsection (7) of section 19 of this Act, he shall refund

Crown.

26.

(a) The amount of the compensation paid to him under
this Act, if that amount is equal to or less

than the said sum; or

(b) The said sum, if the amount of the compensation
paid to him under this Act is greater.

(2) Any sum not so refunded may be recovered as a debt due to the

Application of money recovered

·

All money recovered from any offender or from any victim or the dependant of any victim pursuant to this Act shall be paid into the Public Account.

Miscellaneous Provisions

27.

Compensation not assignable Except for the purposes of the Divorce and Matrimonial Causes Act 1928 and of the Destitute Persons Act 1910, no money paid or payable by way of compensation under this Act, and no money held by the Public Trustee or any other trustee under any order made by the Tribunal under subsection (2) of section 20 of this Act, shall be capable of being assigned, charged, taken in execution, or attached, nor shall any claim be set off against it, nor shall it be assets in the bankruptcy of the person entitled thereto.

28. Payment of expenses to person entitled thereto Any compensation payable under this Act in respect of any expenses may be ordered by the Tribunal to be paid to any person entitled to take proceedings for the recovery of those expenses, and his receipt there for shall be a sufficient discharge.

29.

Solicitor's claim to costs The solicitor of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings before the Tribunal under this Act, or to claim a lien in respect of any such costs on any sum payable as compensation under any order, or to deduct any such costs from any sum so payable, except to the extent to which the costs have been allowed as between the solicitor and his client by the Tribunal, on the application either of the solicitor or of the client.