New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reparation for emotional harm

Legal area

Court

1 Dec 2022

OCEAN FISHERIES LTD v MARITIME NEW ZEALAND [2022] NZHC 3202

Citation

[2022] NZHC 3202
Court

High Court

The s13(3) statutory threshold of special difficulty, complexity and importance was met because the appeal challenged foundational principles and the statutory basis for emotional harm reparation, required detailed comparison with numerous authorities and methodologies, and therefore costs in excess of the criminal scale could properly be awarded; exercising a conservative discretion, the Court awarded Maritime New Zealand $4,000 and disbursements $716.34.
5 May 2022

OCEAN FISHERIES LTD v MARITIME NEW ZEALAND [2022] NZCA 164

Citation

[2022] NZCA 164
Court

Court of Appeal

Leave to bring a second appeal was declined because the issues raised did not constitute matters of general or public importance nor did they establish a likely miscarriage of justice; the District Court's individual‑victim reparation methodology was fact‑driven and not lawfully impermissible, the overall sentence (fine plus reparation) was within range and not manifestly excessive, prior payments count only if intended for emotional harm, insurance only bears on means to pay, and culpability is relevant to fines not the compensatory quantum of emotional harm reparation.