Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Regulatory and enforcement matters - Duties to take remedial action

60: Person who has suffered loss or damage may recover amount as debt due

You could also call this:

“If someone breaks the rules and you lose money, you can ask the court to help you get it back”

If new rules are made under section 59 of this bill, they might say that someone (let’s call them person A) has to pay money to another person (let’s call them person B). Person B could be someone who has been affected by person A’s actions.

If person A doesn’t pay the money they’re supposed to, person B can go to court to get the money. The court will treat the money like a debt that person A owes to person B.

This means that if you’re person B and someone has caused you to lose money because of something covered by this new law, you might be able to get that money back through the court system.

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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=LMS840659.

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59: Data holder or accredited requestor must take prescribed steps to avoid, mitigate, or remedy loss or damage caused by contravention, or

“Companies must follow rules to fix mistakes and prevent harm when handling data”

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61: Other remedies or powers not limited, or

“Other ways to deal with rule-breakers are still allowed”

Part 4 Regulatory and enforcement matters
Duties to take remedial action

60Person who has suffered loss or damage may recover amount as debt due

  1. This section applies if regulations made for the purposes of section 59 require a person (A) to pay an amount to a person referred to in section 59(3) (B).

  2. B may recover the amount from A in any court of competent jurisdiction as a debt due to B.