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Health and Disability Commissioner Act 1994

Complaints and investigations - Proceedings before Human Rights Review Tribunal

57: Damages

You could also call this:

"Money you might get if someone breaks your rights"

Illustration for Health and Disability Commissioner Act 1994

If you take someone to the Human Rights Review Tribunal, they may have to pay you damages. The Tribunal can award damages for things like money you lost, benefits you did not get, or if you felt humiliated. The Tribunal can also award damages if the other person did not respect your rights.

If the Tribunal awards you damages, the Commissioner will usually pay the money to you. But if you are under 18 and not married, the Commissioner might pay the money to Public Trust instead. The Commissioner might also pay the money to Public Trust if you have a mental health condition and cannot manage your own money.

If the Commissioner pays the money to Public Trust, certain rules will apply. These rules are in the Contract and Commercial Law Act 2017 or the Protection of Personal and Property Rights Act 1988. The rules help make sure the money is managed properly.

The Commissioner will follow these rules when paying damages to you or to Public Trust. The rules help make sure you get the money you are owed. The Commissioner has to follow the law when paying damages.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334121.

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Part 4Complaints and investigations
Proceedings before Human Rights Review Tribunal

57Damages

  1. Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or more of the following:

  2. pecuniary loss suffered as a result of, and expenses reasonably incurred by 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, which 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 aggrieved person:
        1. any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.

          1. Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.

          2. If the aggrieved person is a minor who is not married or in a civil union, the Commissioner may, in his or her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the manager of any property of that person.

          3. If the aggrieved person is a mentally disordered person within the meaning of section 2 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, the Commissioner may, in his or her discretion, pay the damages to Public Trust.

          4. If the aggrieved person is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order cover management of money received as damages and,—

          5. if damages fall within the terms of the property order, the Commissioner shall pay the damages 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 Commissioner may, in his or her discretion, pay the damages to Public Trust.

              1. Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—

              2. sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply 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 (4) or subsection (5)(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 (5)(a).

                    Compare
                    Notes
                    • Section 57(3): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                    • Section 57(3): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
                    • Section 57(4): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
                    • Section 57(5)(b): amended, on , pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
                    • Section 57(6): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
                    • Section 57(6)(a): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                    • Section 57(6)(a): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                    • Section 57(6)(b): substituted, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
                    • Section 57(6)(c): added, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).