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Customer and Product Data Act 2025

Regulatory and enforcement matters - Civil liability - Compensatory orders

78: When court or Disputes Tribunal may make compensatory orders

You could also call this:

“When a court can order someone to pay for breaking rules about customer information”

If someone breaks a civil liability rule, you or the chief executive can ask the court or Disputes Tribunal for a compensatory order. This means the court or Disputes Tribunal can order the person who broke the rule to pay money to someone who has been hurt or is likely to be hurt because of what they did.

The court or Disputes Tribunal can make this order even if the person who was hurt isn’t part of the court case.

However, if the issue is about someone’s privacy being interfered with, as mentioned in section 51(3), the court or Disputes Tribunal can’t make a compensatory order. Instead, you need to look at section 102 of the Privacy Act 2020. This section talks about what can be done when someone’s privacy is interfered with, including getting damages under section 103 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911712.

Topics:
Money and consumer rights > Consumer protection Rights and equality > Privacy
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79: Terms of compensatory orders, or

"A court can order someone to make up for breaking data rules"

Part 4 Regulatory and enforcement matters
Civil liability: Compensatory orders

78When court or Disputes Tribunal may make compensatory orders

  1. The court or the Disputes Tribunal may make a compensatory order, on application by the chief executive or any other person, if the court or the Disputes Tribunal is satisfied that—

  2. a person has contravened a civil liability provision; and
    1. another person (the aggrieved person) has suffered, or is likely to suffer, loss or damage because of the contravention.

      1. However, the court or the Disputes Tribunal may not make a compensatory order for an interference with the privacy of an individual referred to in section 51(3) (see instead section 102 of the Privacy Act 2020, which provides for remedies in respect of an interference with privacy, including damages under section 103 of that Act).

      2. The court or the Disputes Tribunal may make a compensatory order whether or not the aggrieved person is a party to the proceeding.