Unsolicited Electronic Messages Act 2007

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
36 Assessment of compensation for breach of undertaking

For the purposes of section 35(2)(c), in determining whether another person (the victim) has suffered loss or damage as a result of the breach, and in assessing the amount of compensation payable, the court may have regard to the following:

(a)

the extent to which any expenses incurred by the victim are attributable to dealing with the breach:

(b)

the effect of the breach on the victim’s ability to carry on business or other activities:

(c)

any damage to the reputation of the victim’s business that is attributable to dealing with the breach:

(d)

any loss of business opportunities suffered by the victim as a result of dealing with the breach:

(e)

any other matters that the court considers relevant.

Compare: Spam Act 2003 s 40 (Aust)