Section 319 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Exemplary damages

319 Exemplary damages (1) Nothing in this Act, and no rule of law, prevents any person from bringing proceedings in any court in New Zealand for exemplary damages for conduct by the defendant that has resulted in— (a) personal injury covered by this Act; or (b) personal injury covered by the former Acts. (2) The court may make an award of exemplary damages for conduct of the kind described in subsection (1) even though— (a) the defendant has been charged with, and acquitted or convicted of, an offence involving the conduct concerned in the claim for exemplary damages; or (b) the defendant has been charged with such an offence, and has been discharged without conviction under section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 of that Act; or (c) the defendant has been charged with such an offence and, at the time at which the court is making its decision on the claim for exemplary damages, the charge has not been dealt with; or (d) the defendant has not, at the time at which the court is making its decision on the claim for exemplary damages, been charged with such an offence; or (e) the limitation period for bringing a charge for such an offence has expired. (3) In determining whether to award exemplary damages and, if they are to be awarded, the amount of them, the court may have regard to— (a) whether a penalty has been imposed on the defendant for an offence involving the conduct concerned in the claim for exemplary damages; and (b) if so, the nature of the penalty. Compare: 1998 No 114 s 396 Subsection (2)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the words “ section 106 of the Sentencing Act 2002 or convicted and discharged under section 108 ” for the words “ section 19 of the Criminal Justice Act 1985 or convicted and discharged under section 20 ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).