Section 92M — Human Rights Act 1993: Damages

92M Damages (1) In any proceedings under section 92B(1) or (4) or section 92E , the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following: (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 complainant 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. (2) This section applies subject to sections 92J , 92N , and 92O of this Act and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005 . Compare: 1977 No 49 s 40(1) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96). Subsection (2) was amended, as from 4 June 2005, by section 65 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) by inserting “ of this Act and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005 ” after “ 92O ” .