Reparation for Life Changing Harm (2017)

Victims of offending are now eligible to receive greater awards of reparation following an amendment of the law to allow recovery of consequential loss not covered by ACC. Section 32(5) of the Sentencing Act 2002 now allows reparation to be awarded for the full difference between a victim’s full earnings and the 80% that the injured claimant may receive under ACC. In the decision of WorkSafe NZ v Wai Shing (2017), the victim was a 27 year old harvester with severe spinal injuries, deemed never able to work again. His employer was found guilty of breaching the Health and Safety in Employment Act 1992. He was awarded $452,600, discounted by 50% to take into account to the ethos of ACC. In the end, the court awarded the victim $226,300 with an additional $110,000 for emotional harm.