Application for interim payment on account of damages — prisoner compensation — unlawful detention —Prisoners' and Victims' Claim Act 2005, ss 8, 17, 24, 46, 47, 48, 59, 60 & 64 — PVCA — New Zealand Bill of Rights Act 1990, s 26 — District Court Rules 2014, r 7.61 — McCrostie v The Chief Executive of the Department of Corrections [2018] NZDC 21761 — Victims' Special Claims Tribunal — Reekie v Claimants A & B [2018] NZHC 2434 — Limitation Act 1950, s 4 — Accident Compensation Act 2001 — Accident Compensation Act 1982 — Jay v Jay [2014] NZCA 445 — Murray v Morel & Co Ltd [2007] NZSC 27 — Willis v Attorney General [1989] 3 NZLR 574 — M v Roper [2018] NZHC 2330 — Accident Rehabilitation and Compensation Insurance Act 1992, s 8 — Couch v Attorney-General (No 2) — McDermott v Wallace [2005] 3 NZLR 661 — Leahy & Ors v Abdille Victims' Special Claims Tribunal, 14 December 2018. The plaintiff applied for a further interim payment from compensatory damages he received following his unlawful detention by the Department of Corrections. The plaintiff had been detained for 228 days longer than he ought to have been according to his sentence, for which he recieved full and final settlement of $80,000 in damages, plus $4,718.26 in interest and a contribution to actual and reasonable legal costs up to $2,500. The offer was subject to the provisions of the Prisoners' and Victims' Claims Act 2005 (PVCA). The plaintiff had previously made a successful application under r 7.61 of the District Court Rules for an interim payment of $40,000 to the Secretary of Justice for the purposes of s 17 of the PVCA. The present proceedings related to an application for a further interim payment of $21,000 to cover legal costs and incidentals for the plaintiff's time in custody (having been subsequently sentenced for additional offending). The Judge examined the relevant legislation and PVCA process and any potential claims the plaintiff's known victims may have in the Victims' Special Claims Tribunal. The Judge assessed the potential claims for exemplary damages based on prior case law, and determined that the $29,000 remaining in the fund would cover any awards to the plaintiff's victims. For that reason, the Judge granted the application for interim payment of $21,000. No order for costs was made. Judgment Date: 11 April 2019.