88 Damages

(1)

In any proceedings under section 82 or section 83, the Tribunal may award damages against the defendant for an interference with the privacy of an individual in respect of any 1 or more of the following:

(a)

pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved individual for the purpose of, the transaction or activity out of which the interference arose:

(b)

loss of any benefit, whether or not of a monetary kind, which the aggrieved individual might reasonably have been expected to obtain but for the interference:

(c)

humiliation, loss of dignity, and injury to the feelings of the aggrieved individual.

(1A)

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

(2)

Damages recovered by the Director of Human Rights Proceedings under this section shall be paid to the aggrieved individual on whose behalf the proceedings were brought or, if that individual is a minor who is not married or in a civil union or lacks the capacity to manage his or her own financial affairs, in the discretion of the Director of Human Rights Proceedings to Public Trust.

(3)

Where money is paid to Public Trust under subsection (2),—

(a)

sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor who is not married or in a civil union; and

(b)

Part 9A of the Protection of Personal and Property Rights Act 1988 shall apply in the case of an individual who lacks the capacity to manage his or her own financial affairs.

Compare: 1977 No 49 s 40; 1983 No 56 s 14; 1992 No 16 s 15(1)

Section 88(1A): inserted, on 4 June 2005, by section 74 of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).

Section 88(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 88(2): amended, on 22 October 2003, by section 4 of the Privacy Amendment Act 2003 (2003 No 94).

Section 88(2): amended, on 19 December 2002, by section 3(1) of the Privacy Amendment Act 2002 (2002 No 73).

Section 88(2): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 88(2): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 88(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 88(3)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).

Section 88(3)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 88(3)(b): amended, on 19 December 2002, by section 3(2) of the Privacy Amendment Act 2002 (2002 No 73).

Section 88(3)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).