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Accident Compensation Act 2001

Miscellaneous provisions - Proceedings

319: Exemplary damages

You could also call this:

"Extra money for serious injuries caused by others"

You can ask a court for extra money called exemplary damages if someone has done something that caused you a personal injury. This is true even if the injury is covered by this law or past laws.

The court can give you these extra damages even if the person who hurt you:

  • Was found not guilty or guilty of a crime related to what they did to you
  • Was charged with a crime but let go without being convicted
  • Was charged with a crime but the case hasn't finished yet
  • Hasn't been charged with a crime yet
  • Can't be charged anymore because too much time has passed

When the court is deciding whether to give you these extra damages and how much to give, they can think about:

  • If the person who hurt you has already been punished for what they did
  • What kind of punishment they got, if any

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103476.

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Part 9Miscellaneous provisions
Proceedings

319Exemplary damages

  1. Nothing in this Act, and no rule of law, prevents any person from bringing proceedings in any court in New Zealand for exemplary damages for conduct by the defendant that has resulted in—

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

      1. The court may make an award of exemplary damages for conduct of the kind described in subsection (1) even though—

      2. the defendant has been charged with, and acquitted or convicted of, an offence involving the conduct concerned in the claim for exemplary damages; or
        1. the defendant has been charged with such an offence, and has been discharged without conviction under section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 of that Act; or
          1. the defendant has been charged with such an offence and, at the time at which the court is making its decision on the claim for exemplary damages, the charge has not been dealt with; or
            1. the defendant has not, at the time at which the court is making its decision on the claim for exemplary damages, been charged with such an offence; or
              1. the limitation period for bringing a charge for such an offence has expired.

                1. In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the court may have regard to—

                2. whether a penalty has been imposed on the defendant for an offence involving the conduct concerned in the claim for exemplary damages; and
                  1. if so, the nature of the penalty.

                    Notes
                    • Section 319(2)(b): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).