Section 92N — Human Rights Act 1993: Directions as to payment of damages in certain cases

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 Protection 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,— (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 Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust. (4) If money is paid to Public Trust under any of subsections (1) to (3) ,— (a) section 12 of the Minors' Contracts Act 1969 applies in the case of a minor who is not married or in a civil union; and (b) sections 108D , 108F , and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b) of this section; and (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a) of this section. Compare: 1977 No 49 s 40; 1983 No 56 s 14(2) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96). Subsection (1) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “ Public Trust ” for “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “ a minor who is not married or in a civil union ” for “ an unmarried minor ” . Subsection (2) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “ Public Trust ” for “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (3)(b) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “ Public Trust ” for “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (4) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “ Public Trust ” for “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (4)(a) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “ a minor who is not married or in a civil union ” for “ an unmarried minor ” . Subsection (4)(b) was substituted, and subsection (4)(c) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).