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Customer and Product Data Act 2025

Regulatory and enforcement matters - Civil liability - Compensatory orders

79: Terms of compensatory orders

You could also call this:

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

If you’ve been harmed because someone broke the rules in section 78, you can ask the court or the Disputes Tribunal for help. They can make an order to make things right for you. This order can be anything they think is fair to make up for the harm you’ve experienced or to stop more harm from happening.

The court or Disputes Tribunal might tell the person who broke the rules to pay you money to cover what you lost. This is just one example of what they could do to help you.

When we talk about the “person who broke the rules”, we mean either the person who actually did the wrong thing, or anyone who helped them do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911714.

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78: When court or Disputes Tribunal may make compensatory orders, or

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

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Part 4 Regulatory and enforcement matters
Civil liability: Compensatory orders

79Terms of compensatory orders

  1. If section 78 applies, the court or the Disputes Tribunal may make any order it thinks just to compensate an aggrieved person in whole or in part for the loss or damage, or to prevent or reduce the loss or damage, referred to in that section.

  2. An order may include an order to direct a relevant person to pay to the aggrieved person the amount of the loss or damage (in whole or in part).

  3. Subsection (2) does not limit subsection (1).

  4. In this section, relevant person means—

  5. any person in contravention; or
    1. any person involved in the contravention.