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Human Rights Act 1993

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

92N: Directions as to payment of damages in certain cases

You could also call this:

"Who gets damages if you're under 18 or can't manage your own affairs?"

Illustration for Human Rights Act 1993

If you are a minor who is not married or in a civil union, the Tribunal can tell the defendant to pay damages to Public Trust or to a person managing your property. The Tribunal can also do this if you are a mentally disordered person who cannot manage your own affairs. If your property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal will check if the property order covers damages and pay them to the property manager or Public Trust.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304951.

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92M: Damages, or

"Getting money if someone treats you unfairly"

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92O: Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement, or

"The Tribunal can change or delay a decision if someone breaks the rules."

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

92NDirections as to payment of damages in certain cases

  1. If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust or to a person or trustee corporation acting as the manager of any property of the plaintiff.

  2. If the plaintiff is a mentally disordered person within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, but who lacks, in the opinion of the Tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.

  3. If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal must ascertain whether the terms of the property order cover management of money received as damages and,—

  4. if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M to the person or trustee corporation acting as the property manager; or
    1. if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.

      1. If money is paid to Public Trust under any of subsections (1) to (3),—

      2. sections 103 to 110 of the Contract and Commercial Law Act 2017 applies in the case of a minor who is not married or in a civil union; and
        1. sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b); and
          1. section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a).

            Compare
            • 1977 No 49 s 40
            • s 14(2)
            Notes
            • Section 92N: inserted, on , by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
            • Section 92N(1): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
            • Section 92N(1): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 92N(2): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 92N(3)(b): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 92N(4): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 92N(4)(a): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
            • Section 92N(4)(a): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
            • Section 92N(4)(b): substituted, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
            • Section 92N(4)(c): added, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).