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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Enforceable undertakings

83: Assessment of compensation for breach of undertakings

You could also call this:

"What happens if you break a promise and someone loses money?"

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

When you break an enforceable undertaking, a court decides if someone else has lost money or been harmed. The court looks at how much the breach cost them and how it affected their business. They consider things like extra expenses, damage to their reputation, and lost business opportunities, as stated in section 82(2)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140958.

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Part 3Enforcement
Civil liability: Enforceable undertakings

83Assessment of compensation for breach of undertakings

  1. For the purposes of section 82(2)(c), in determining whether another person (person A) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the court may have regard to the following:

  2. the extent to which any expenses incurred by person A are attributable to dealing with the breach:
    1. the effect of the breach on person A's ability to carry on business or other activities:
      1. any damage to the reputation of person A's business that is attributable to dealing with the breach:
        1. any loss of business opportunities suffered by person A as a result of dealing with the breach:
          1. any other matters that the court considers relevant.