30 Nov 2022
TE HEI v HAWKINS [2022] NZHC 3170
- Citation
- [2022] NZHC 3170
- Court
- High Court
Claimant qualified as a victim under s8(1)(d) but the Tribunal failed to identify a cause of action under the general law that would entitle the claimant to damages for emotional harm; common law torts of assault and battery lie only to the person assaulted and not to third parties, and DBAC confines family recovery to pecuniary benefits, so the Tribunal's award of $15,000 for emotional harm was not supported and is quashed; exemplary damages not available on the basis argued.