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Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2 - Remedies

92M: Damages

You could also call this:

"Getting money if someone treats you unfairly"

Illustration for Human Rights Act 1993

You can get damages if someone breaks the rules in Part 1A or Part 2 of the Human Rights Act. The Tribunal can award damages for things like money you lost, benefits you did not get, or for feeling humiliated. You can also get damages for expenses you had because of what happened. You might get damages if you went to the Tribunal under section 92B(1) or (4) or section 92E. This is because you were treated unfairly and it was against the rules. The Tribunal will look at what happened to you. This rule is affected by other parts of the law, like sections 92J, 92N, and 92O, and subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005. These laws say how damages can be awarded. They help the Tribunal make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304948.

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Part 3Resolution of disputes about compliance with Part 1A and Part 2
Remedies

92MDamages

  1. In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following:

  2. pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:
    1. loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:
      1. humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.

        1. This section applies subject to sections 92J, 92N, and 92O and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005.

        Compare
        • 1977 No 49 s 40(1)
        Notes
        • Section 92M: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
        • Section 92M(2): amended, on , by section 65 of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).