An Act to amend the Civil Liability Act 2002 to make further provision with respect to damages for gratuitous attendant care services and for loss of capacity to provide domestic services; and for other purposes.
This Act is the Civil Liability Amendment Act 2006.
This Act commences on the date of assent to this Act.
The Civil Liability Act 2002 is amended as set out in Schedule 1.
This Act is repealed on the day following the day on which this Act commences.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Omit section 3B (1) (a). Insert instead:
civil liability in respect of an intentional act that is done with intent to cause injury or death or that is sexual assault or other sexual misconduct—the whole Act except:
(i) section 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c)), and
(ii) Part 7 (Self-defence and recovery by criminals) in respect of civil liability in respect of an intentional act that is done with intent to cause injury or death,
Insert “except sections 15A and 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c))” after “whole Act”.
Insert “except section 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c))” after “whole Act”.
Insert after section 3B (2) (a):
section 15B (Damages for loss of capacity to provide domestic services),
Omit “15A”. Insert instead “15C”.
Insert after section 3B (2) (c):
section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c)),
Relocate the note at the end of the section to the end of subsection (3).
Insert at the end of the section:
By reason of the operation of section 3B (1) (b), this section does not apply to the determination of civil liability in proceedings of the kind referred to in section 11 (Claims for damages for dust diseases etc to be brought under this Act) of the Dust Diseases Tribunal Act 1989.
Section 15A makes provision with respect to the determination of damages for gratuitous attendant care services in proceedings of the kind referred to in section 11 of the Dust Diseases Tribunal Act 1989.