Part 3 s 92N
Human Rights Act 1993
Version as at
1 July 2024
or the terms of a settlement of a complaint in respect of any 1 or more of the
following:
(2)
(a)
pecuniary loss suffered as a result of, and expenses reasonably incurred
by the complainant or, as the case may be, the aggrieved person for the
purpose of, the transaction or activity out of which the breach arose:
(b)
loss of any benefit, whether or not of a monetary kind, that the com‐
plainant or, as the case may be, the aggrieved person might reasonably
have been expected to obtain but for the breach:
(c)
humiliation, loss of dignity, and injury to the feelings of the complainant
or, as the case may be, the aggrieved person.
This section applies subject to sections 92J, 92N, and 92O and to subpart 1 of
Part 2 of the Prisoners’ and Victims’ Claims Act 2005.
Compare: 1977 No 49 s 40(1)
Section 92M: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001
(2001 No 96).
Section 92M(2): amended, on 4 June 2005, by section 65 of the Prisoners’ and Victims’ Claims Act
2005 (2005 No 74).
92N Directions as to payment of damages in certain cases
(1)
If the plaintiff is a minor who is not married or in a civil union, the Tribunal
may, in its discretion, direct the defendant to pay damages awarded under
section 92M to Public Trust or to a person or trustee corporation acting as the
manager of any property of the plaintiff.
(2)
If the plaintiff is a mentally disordered person within the meaning of section
2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992
whose property is not being managed under the Protection of Personal and
Property Rights Act 1988, but who lacks, in the opinion of the Tribunal, the
mental capacity to manage his or her own affairs in relation to his or her
own property, the Tribunal may, in its discretion, direct the defendant to pay
damages awarded under section 92M to Public Trust.
(3)
If the plaintiff is a person whose property is being managed under the Protec‐
tion of Personal and Property Rights Act 1988, the Tribunal must ascertain
whether the terms of the property order cover management of money received
as damages and,—
(4)
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(a)
if damages fall within the terms of the property order, the Tribunal must
direct the defendant to pay damages awarded under section 92M to the
person or trustee corporation acting as the property manager; or
(b)
if damages do not fall within the terms of the property order, the Tribu‐
nal may, in its discretion, direct the defendant to pay damages awarded
under section 92M to Public Trust.
If money is paid to Public Trust under any of subsections (1) to (3),—