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Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Proceedings in relation to complaints or investigations

103: Damages

You could also call this:

"Getting money back if someone hurts your privacy"

Illustration for Privacy Act 2020

If you take someone to court for interfering with your privacy, the court can order the other person to pay you money. This money is called damages. You can get damages if you lost money, had extra expenses, or missed out on something because of what the other person did. You can also get damages if you felt humiliated, lost dignity, or were injured emotionally. The court can award damages to each person who was affected if more than one person was hurt by what the other person did. The Director must pay the damages to you, but there are some exceptions. If you are under 18 and not married, the Director might pay the damages to Public Trust or someone who manages your money. If you have a mental health condition and someone manages your money, the Director might pay the damages to Public Trust. If someone manages your money because of a court order, the Director will check if the order says what to do with the damages. If the Director pays the damages to Public Trust, certain laws will apply to how the money is handled, such as sections 103 to 110 of the Contract and Commercial Law Act 2017, or sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23478.

Topics:
Rights and equality > Anti-discriminationRights and equality > PrivacyMoney and consumer rights > Consumer protection
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"What to do if someone interferes with your privacy"

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Part 5Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Proceedings in relation to complaints or investigations

103Damages

  1. In any proceedings, the Tribunal may award damages against the defendant for an interference with the privacy of an individual in respect of 1 or more of the following:

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

          1. If the proceedings are brought on behalf of more than 1 aggrieved individual, the Tribunal may award damages under subsection (1) to each aggrieved individual.

          2. Subsection (1) is subject to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005.

          3. The Director must pay damages recovered under this section to the aggrieved individual on whose behalf the proceedings were brought.

          4. Subsection (4) is subject to subsections (6) to (8).

          5. If the aggrieved individual is a minor who is not married or not in a civil union, the Director may decide to pay the damages to Public Trust or to any person or trustee corporation acting as the manager of any property of the aggrieved individual.

          6. If the aggrieved individual 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 Director may decide to pay the damages to Public Trust.

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

          8. if damages fall within the terms of the property order, the Director must 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 Director may decide to pay the damages to Public Trust.

              1. If money is paid to Public Trust under subsection (6), (7), or (8),—

              2. sections 103 to 110 of the Contract and Commercial Law Act 2017 apply in the case of a minor who is not married or not 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 (7) or (8)(b); and
                  1. section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of an individual referred to in subsection (8)(a).

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