Damages awarded

Damages awarded by the Human Rights Review Tribunal under Human Rights Act 1993, Privacy Act 1993 and Privacy Act 2020 and Health and Disability Commissioner Act 1994

Date Case Notes Award
9 August 2024 Le'Long v Oranga Tamariki [2024] NZHRRT 38 [PDF, 303 KB]

PA

  • A declaration under s 85(1)(a) for an interference with Privacy by failing to respond to an information privacy request in accordance with the Privacy Act 1993
 
  • Damages for humiliation, loss of dignity and injury to feelings under s 88(1)(c) of the Privacy Act 1993
$10,000
21 May 2024 Lochead MacMillan v Nimble Financial Services Group Limited [2024] NZHRRT 25 [PDF, 214 KB]

PA

  • A declaration under s 85(1)(a) of the Privacy Act 1993 for failing to respond to an information privacy request in accordance with s 40(1) of the Privacy Act 1993
 
  • Damages for injury to feelings under s 88(1)(c) of the Privacy Act 1993
$2000
24 April 2024 DIJ v New Zealand Police [2024] NZHRRT 22 [PDF, 372 KB]

PA

  • A declaration under s 102(2)(a) of the Privacy Act 2020 for failure to provide information
 
  • Damages for humiliation, loss of dignity and injury to feelings under s 103(1)(d) of the Privacy Act 2020
$50,000
  • Pecuniary losses under s 103(1)(a) of the Privacy Act 2020

$4,560.33
12 February 2024 Cunliffe & Cunliffe v Helensville School Board of Trustees [2024] NZHRRT 4 [PDF, 219 KB]

PA

  • A declaration under s 85(1)(a) of the Privacy Act 1993 that Helensville Primary School Board interfered with Mr and Ms Cunliffe's privacy by failing to respond to their information privacy requests in accordance with the Privacy Act 1993
 
  • Damages under s 88(1)(c) of the Privacy Act 1993 for humiliation, loss of dignity and injury to feelings. Plaintiff 1

Ms C
$15,000

 

Damages under s 88(1)(c) of the Privacy Act 1993 for humiliation, loss of dignity and injury to feelings. Plaintiff 2


Mr C
$10,000

2 February 2024 Singh v McKee [2024] NZHRRT 3 [PDF, 259 KB]

HRA

  • A declaration under s 92I(3)(a) of the Human Rights Act 1993 that the defendant racially harassed the plaintiff in breach of s 63 of the Human Rights Act 1993
 
  • Damages under s 92I(3)(c) and s 92M(1)(c) of the Human Rights Act 1993 for humiliation, loss of dignity and injury to feelings
$10,000
30 January 2024 BGH v Kumar [2024] NZHRRT 2 [PDF, 292 KB]

HRA

  • A declaration under s92I(3)(a) of the Human Rights Act 1993 that the defendant breached Part 2 of the Human Rights Act by way of sexual harassment
 
  • Damages under s 92M(1)(a) for pecuniary loss
$2,720.00
  • Damages under s 92M(1)(c) of the Human Rights Act 1993 for humiliation, loss of dignity and injury to feelings
$29,000
31 October 2023 Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [PDF, 361 KB]

PA

  • A declaration under s 85(1)(a) of the Privacy Act 1993 that there was an interference with privacy
 
  • Damages under s 85(1)(c) of the Privacy Act 1993 for injury to feelings
$10,000
4 August 2023

King v Commissioner of Police [2023] NZHRRT 19 [PDF, 263 KB]

HRA

  • A declaration under s 92I(3)(a) of the Human Rights Act 1993 that Part 1A of the Human Rights Act 1993 was breached by discrimination
 
  • Damages for humiliation, loss of dignity and injury to feelings
$45,000
25 October 2022 Morgan v Public Service Commissioner [2022] NZHRRT 38 [PDF, 190 KB] 

HRA

  • s 92I(3)(a) – declaration of breach under s 22(1)
 

 

  • ss 92I(3)(c) and 92M(1)(c) – damages for emotional harm

 

 $10,000
16 August 2022 Goel v Barron [2022] NZHRRT 28 [PDF, 217 KB]

HRA

  • s 92I(3)(a) – declaration of breach under s 22(1)
 
  • ss 92I(3)(c) and 92M(1)(c) – damages for emotional harm
$9,000
5 August 2022 Elhassan v Webby [2022] NZHRRT 27 [PDF, 313 KB]

HRA

  • s 92I(3)(a) – declaration of breach under s 63
 
  • ss 92I(3)(c) and 92M(1)(c) – damages for emotional harm
$28,000
  • s 92I(3)(f) – training order
 
22 March 2022  Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [PDF, 511 KB]

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • s 85(1)(d) – order to provide copy of documents
 
  • s 85(1)(b) – damages for loss of benefit:
    • Ms B
    • Ms C

 

$5,000

$5,000

  • s 85(1)(c) – damages for emotional harm:
    • Ms A
    • Ms B
    • Ms C

 

$30,000

$30,000

$30,000

2 March 2022

 

 

 

 

 

Beauchamp v B & T Co (2011) Ltd [2022] NZHRRT 10

 

 

HRA

  • s 92I(3)(a) – declaration of breach under s 22(1)
 
  • ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss
$1,713.98
  • ss 92I(3)(c) and 92M(1)(c) – damages for emotional harm
$25,000
  • s 92I(3)(f) – training order
 
31 August 2020

 

 

Patel v Dean [2020] NZHRRT 37

 

 

 

 

 

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • ss 85(1)(c) and 88(1)(b) – damages for loss of benefit
 $5,000
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm
 $15,000
  • s 85(1)(d) – order directing IPP 6 request be complied with
 
6 July 2020 Green v EIT [2020] NZHRRT 24

 

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm
$25,000 (Mrs Green) & $25,000 (Mr Green)
  • ss 85(1)(d)– apology to be given by EIT to both plaintiffs
 
27 May 2020

 

 

 

 

 

Vivash v Accident Compensation Corporation [2020] NZHRRT 16

 

 

 

 

 

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • ss 85(1)(c) and 88(1)(b) – damages for loss of benefit
$5,000
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm
$40,000
  • ss 85(1)(d) and (e) – agreed contribution towards seeking legal advice
$5,000
19 December 2019 Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Ltd [2019] NZHRRT 55

 

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm
$3,000
30 October 2019

 

 

 

Mills v Capital and Coast District Health Board [2019] NZHRRT 47

 

 

 

 

PA

  • s 85(1)(a) – declaration D1 & D2 interfered with P’s privacy
 
  • ss 85(1)(c) and 88(1)(c) – damages for injury to feelings (D1)
$20,000
  • ss 85(1)(c) and 88(1)(c) – damages for injury to feelings (D2).
$20,000
12 March 2019 Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [PDF, 717 KB]

PA

  • s 85(1)(a) – declaration of interference with privacy
  • s 85(1)(b) – order restraining Mr Slater from continuing or repeating interferences with Mr Blomfield’s privacy
  • s 85(1)(d) – take down order
 
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm.

$70,000

22 January 2019 Godfrey v Harvey [2019] NZHRRT 6

HRA

  • s 92I(3)(a) – declaration that first and second defendants committed a breach of s 53(1)(c) by discriminating against plaintiff by reason of her reliance on a guide dog.
 
  • ss 92I(3)(c) and 92M(1)(c) – damages for humiliation, loss of dignity and injury to feelings.

$4,000

22 January 2019 Tapiki and Eru v New Zealand Parole Board [2019] NZHRRT 5

PA

  • s 85(1)(a) – declaration of interference with privacy
 
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm
$16,000 (Ms Tapiki)$12,000 (Ms Eru)
26 March 2018 Dotcom v Crown Law Office [2018] NZHRRT 7 [See now decision in Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7]
PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(b) – damages for loss of benefit
$30,000
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm
$60,000
  • s 85(1)(d) and (e) – order that the Crown comply with the information privacy requests made by Mr   Dotcom.
 
21 July 2017 Williams v Accident Compensation Corporation [2017] NZHRRT 26 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • ss 85(1)(c) and 88(1)(c) – damages for emotional harm

$7,500

23 December 2016 Satnam Singh v Shane Singh and Scorpion Liquor (2006) Ltd [2016] NZHRRT 38 HRA
  • s 92I(3)(a) – declaration that first and second defendants committed a breach of s 63 by subjecting plaintiff to racial harassment.
 
  • ss 92I(3)(c) and 92M(1)(c) – damages for humiliation, loss of dignity and injury to feelings.

$25,000

  • s 92I(3)(f) – order that first defendant, in conjunction with the Human Rights Commission, undertake training in relation to his obligations under the Human Rights Act 1993 to ensure he and any future employees are aware of those obligations.
 
2 March 2016 MacGregor v Craig [2016] NZHRRT 6 HRA
  • s 92I(3)(a) – declaration that defendant breached the terms of the settlement of the plaintiff’s sexual   harassment complaint.
  • s 92I(3)(b) – order restraining defendant from continuing or repeating the breaches of his   confidentiality obligations under the settlement, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach or conduct of any similar kind.
 
  • ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss in the form of lost earnings.
$7,000
  • ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss in the form of legal expenses.
$1,780
  • ss 92I(3)(c) and 92M(1)(c) – damages for humiliation, loss of dignity and injury to feelings.
$120,000
22 December 2015 Deeming v Whangarei District Council [2015] NZHRRT 55 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm

$2,000

  • s 85(1)(d) and (e) – order that Whangarei District Council, in conjunction with the Privacy Commissioner and at its own expense, provide training to its councillors and management staff in relation to their and the Whangarei District Council’s obligations under the Privacy Act 1993.
 
9 October 2015 McClelland v Schindler Lifts NZ Ltd [2015] NZHRRT 45 HRA
  • s 92I(3)(a) – declaration that defendant committed breach of s 22(1) by discriminating against plaintiff for reason of a physical disability or impairment suspected or assumed or believed by Schindler to exist.
 
  • ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss in the form of lost wages
$3,713
  • ss 92I(3)(c) and 92M(1)(a) – damages for pecuniary loss in the form of travel expenses
$700
  • ss 92I(3)(c) and 92M(1)(c) – damages for humiliation, loss of dignity and injury to feelings
$25,000
  • s 92I(3)(f) – order that defendant, in conjunction with Human Rights Commission, provide training to senior management staff in relation to their and defendant’s obligations under the Human Rights Act 1993.
 
11 August 2015 Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 PA (appeal dismissed 26 November 2015)
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm

$400

29 July 2015 Director of Human Rights Proceedings v Crampton [2015] NZHRRT 35 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm

$18,000

  • s 85(1)(d) and (e) – order that Mr Crampton attend, at his own expense, an “Introduction to the Privacy Act” workshop run by the Office of the Privacy Commissioner.
 
7 July 2015 Watson v Capital & Coast District Health Board [2015] NZHRRT 27 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(b) – damages for loss of benefit
$5,000
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm
$10,000
  • s 85(1)(d) and (e) – order that CCDHB provide to Ms Watson (without redaction) the two withheld   documents within five days after the date of decision.
 
14 May 2015 Taylor v Orcon Ltd [2015] NZHRRT 15 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(b) – damages for loss of benefit
$10,000
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm
$15,000
  • s 85(1)(d) and (e) – order that Orcon Ltd, in conjunction with the Privacy Commissioner, provide training to its staff in relation to the obligations of Orcon Ltd under the Privacy Act 1993
 
9 March 2015 Satnam Singh v Shane Singh and Scorpion Liquor (2006) Ltd [2015] NZHRRT 8

[Decision set aside on 2 June 2015 and re-hearing ordered. See new decision at [2016] NZHRRT 38 (23 December 2016)]

HRA

  • s 92I(3)(a) – declaration that first and second defendants committed a breach of s 63 by subjecting plaintiff to racial harassment.
  • s 92I(3)(b) – order   restraining first and second defendants from continuing or repeating the   breach of s 63.
 
  • ss 92I(3)(c) and 92M(1)(c) – damages for humiliation, loss of dignity and injury to feelings.

$45,000

  • s 92I(3)(f) – order that first and second defendants, in conjunction with the Human Rights Commission, provide training to first defendant and management staff of second defendant in relation to their and Scorpion Liquor’s obligations under the Human Rights Act 1993.
 
2 March 2015 Hammond v Credit Union Baywide [2015] NZHRRT 6 PA
  • s 85(1)(a) – declaration of   interference with privacy
 
  • s 85(1)(c) and s 88(1)(a) – damages for pecuniary loss in the form of lost income
$38,350
  • s 85(1)(c) and s 88(1)(a) – damages for pecuniary loss in the form of legal expenses
$15,543.10
  • s 85(1)(c) and s 88(1)(b) – damages for loss of benefit
$16,177.78
  • s 85(1)(c) and s 88(1)(c) – damages for emotional harm
$98,000
  • s 85(1)(b), (d) and (e) – restraining order
  • s 85(1)(d) and (e) – retraction of information
  • s 85(1)(d) – retraction of email and apology to be given
  • s 85(1)(d) and (e) – order   that NZCU Baywide, in conjunction with the Privacy Commissioner, provide training to its management staff in relation to their and NZCU Baywide’s   obligations under the Privacy Act 1993.
 

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