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New Zealand law explained for everyone

Accident Compensation Act 2001

Miscellaneous provisions - Proceedings

317: Proceedings for personal injury

You could also call this:

"Rules about suing for injuries in New Zealand"

You cannot sue someone in New Zealand courts for damages from personal injuries that are covered by this Act or by previous Acts. This means you can't take legal action for money because of injuries that the government's accident compensation scheme covers.

However, you can still take legal action for other things related to injuries. You can sue for damage to your property. You can also sue if someone broke a contract with you, except for accident insurance contracts. If you were fired unfairly or had other problems at work, you can still take action about that.

Even in these cases where you can take legal action, the court can't give you money for personal injuries that are covered by the Act.

There are some special situations where you can still take legal action about personal injuries:

You can use certain parts of the Health and Disability Commissioner Act or the Human Rights Act.

You can sue for damages if you were injured while travelling as a passenger, and an international agreement says you can.

It doesn't matter if you didn't make a claim for your injury, if you said you didn't want your rights, or if you're not entitled to anything under this Act. You still can't sue for personal injury damages in most cases.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103473.

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Part 9Miscellaneous provisions
Proceedings

317Proceedings for personal injury

  1. No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealand, for damages arising directly or indirectly out of—

  2. personal injury covered by this Act; or
    1. personal injury covered by the former Acts.

      1. Subsection (1) does not prevent any person bringing proceedings relating to, or arising from,—

      2. any damage to property; or
        1. any express term of any contract or agreement (other than an accident insurance contract under the Accident Insurance Act 1998); or
          1. the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of service.

            1. However, no court, tribunal, or other body may award compensation in any proceedings referred to in subsection (2) for personal injury of the kinds described in subsection (1).

            2. Subsection (1) does not prevent any person bringing proceedings under—

            3. section 50 or section 51 of the Health and Disability Commissioner Act 1994; or
              1. any of sections 92B, 92E, 92R, 122, 122A, 122B, 123, or 124 of the Human Rights Act 1993.

                1. Subsection (1) does not prevent any person bringing proceedings in any court in New Zealand for damages for personal injury of the kinds described in subsection (1), suffered in New Zealand or elsewhere, if the cause of action is the defendant's liability for damages under the law of New Zealand under any international convention relating to the carriage of passengers.

                2. Subsection (1) does not affect proceedings to which section 318(3) applies.

                3. Nothing in this section is affected by—

                4. the failure or refusal of any person to lodge a claim for personal injury of the kinds described in subsection (1); or
                  1. any purported denial or surrender by any person of any rights relating to personal injury of the kinds described in subsection (1); or
                    1. the fact that a person who has suffered personal injury of the kinds described in subsection (1) is not entitled to any entitlement under this Act.

                      Notes
                      • Section 317(4)(b): substituted, on , by section 51 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).