Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Other proceedings and enforcement - Compensation

45: Court may order compensation

You could also call this:

"The court can make someone pay for hurting or damaging others"

Illustration for Retail Payment System Act 2022

If you break this law, the court can order you to pay compensation to someone who has been hurt or damaged because of your actions. You can be ordered to pay compensation if you have suffered, or are likely to suffer, loss or damage as a result of someone breaking this law. The court can make this order if the Commission or the person who was hurt asks for it. If you ask the court for an order, you or the Commission can make the application. The court can then decide who pays the costs of going to court. You can find more information about what it means to break this law in section 7. The court has the power to make decisions about costs in these cases. You can look at other laws, such as s 87A, s 494, and s 32, for similar information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533929.

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Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Other proceedings and enforcement: Compensation

45Court may order compensation

  1. The court may order a person to pay compensation to any person (an aggrieved person) who has suffered, or is likely to suffer, loss or damage as a result of the contravention of this Act.

    Guidance note

    A contravention of this Act includes a contravention of any standard or direction. See section 7.

  2. An application for an order under this section may be made by the Commission or by an aggrieved person.

  3. In proceedings under this section, the court may make any orders as to costs that it thinks fit.

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