Section 317 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Proceedings for personal injury

317 Proceedings for personal injury (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealand, for damages arising directly or indirectly out of— (a) personal injury covered by this Act; or (b) personal injury covered by the former Acts. (2) Subsection (1) does not prevent any person bringing proceedings relating to, or arising from,— (a) any damage to property; or (b) any express term of any contract or agreement (other than an accident insurance contract under the Accident Insurance Act 1998); or (c) the unjustifiable dismissal of any person or any other personal grievance arising out of a contract of service. (3) However, no court, tribunal, or other body may award compensation in any proceedings referred to in subsection (2) for personal injury of the kinds described in subsection (1) . (4) Subsection (1) does not prevent any person bringing proceedings under— (a) section 50 or section 51 of the Health and Disability Commissioner Act 1994 ; or (b) any of sections 92B , 92E , 92R , 122 , 122A , 122B , 123 , or 124 of the Human Rights Act 1993 . (5) Subsection (1) does not prevent any person bringing proceedings in any court in New Zealand for damages for personal injury of the kinds described in subsection (1) , suffered in New Zealand or elsewhere, if the cause of action is the defendant's liability for damages under the law of New Zealand under any international convention relating to the carriage of passengers. (6) Subsection (1) does not affect proceedings to which section 318(3) applies. (7) Nothing in this section is affected by— (a) the failure or refusal of any person to lodge a claim for personal injury of the kinds described in subsection (1) ; or (b) any purported denial or surrender by any person of any rights relating to personal injury of the kinds described in subsection (1) ; or (c) the fact that a person who has suffered personal injury of the kinds described in subsection (1) is not entitled to any entitlement under this Act. Compare: 1998 No 114 s 394 Subsection (4)(b) was substituted, as from 11 May 2005, by section 51 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).