12Requisitioning of aircraft—dealing with claims for compensation for injury, loss or damage

#### 12 Requisitioning of aircraft—dealing with claims for compensation for injury, loss or damage (1) Subject to section 11, as soon as practicable after receiving a claim made in accordance with section 10, AA must consider the claim and decide to: (a) pay the full amount of compensation claimed; or (b) refuse to pay any amount of compensation claimed; or (c) refuse to pay the full amount of compensation claimed and pay a part of the compensation claimed. > Note: Decisions about claims are reviewable under section 39. (2) AA must give notice to the claimant of a decision under subsection (1). (3) The notice must include: (a) a statement of reasons for the decision; and (b) a statement to the effect that a person whose interests are affected by the decision may: (i) apply to AA for review of the decision in accordance with section 39; and (ii) subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for a review of a decision made by AA under subsection 39(3). (4) In making a decision under subsection (1), AA must have regard to the following: (a) any evidence provided by the claimant; (b) if the claim is for compensation for loss sustained as a result of the requisitioning of an aircraft: (i) charter rates applicable to an aircraft of that type; and (ii) the connection between any expense claimed and the use, during the period of the requisition, of the aircraft; and (iii) the likely cost of repairing any damage to the aircraft that occurred as a result of its use during the period of the requisition, including the cost of restoring the aircraft to the condition it was in immediately before it was requisitioned; (c) if the claim is for compensation for an injury to a person—the amount that would be payable in respect of the injury in accordance with the Safety, Rehabilitation and Compensation Act 1988.