CIVIL LIABILITY ACT 2002 - SECT 9
CIVIL LIABILITY ACT 2002 - SECT 9
9 . Restrictions on damages for non-pecuniary loss (general damages)
(1) If the amount of
non-pecuniary loss is assessed to be not more than Amount A for the year in
which the amount is assessed, no damages are to be awarded for non-pecuniary
loss.
(2) If the amount of
non-pecuniary loss is assessed to be more than Amount A but not more than
Amount C for the year in which the amount is assessed, damages for
non-pecuniary loss are not to be awarded in an amount that is more than the
excess of the amount assessed over Amount A.
(3) If the amount of
non-pecuniary loss is assessed to be more than Amount C but less than the sum
of Amount A and Amount C for the year in which the amount is assessed, damages
for non-pecuniary loss are not to be awarded in an amount that is more than
the excess of the amount assessed over the amount calculated as follows
—
(4) In this section
—
Amount A has the meaning given by section 10;
Amount C has the meaning given by section 10;
non-pecuniary loss means —
(a) pain
and suffering; and
(b) loss
of amenities of life; and
(c) loss
of enjoyment of life; and
(d)
curtailment of expectation of life; and
(e)
bodily or mental harm.