Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 


Bunkle to seek members bill on exemplary damages

Bunkle to seek members bill on exemplary damages

14 May 2001


Phillida Bunkle Alliance MP today announced she will seek to introduce a Member’s Bill to change the legal criteria for exemplary damages following the Court of Appeal decision on Patient A.

The Court of Appeal decision released yesterday said that exemplary damages could only apply when the person persisted in the risky action despite knowing the harm it would cause.

"This sets the standard so high it effectively prevents actions for such damages," said Phillida Bunkle Alliance MP.

The minority opinion by Judge Thomas said, "To require the wrongdoer to be subjectively aware of the risk is to effectively … eliminate any sensible notion that exemplary damages can be awarded in negligence, however flagrant the negligent conduct might be."

Phillida Bunkle said, "Such a standard is virtually impossible to reach. Judge Cartwright found in her recommendations that the standard should not depend on what a professional person happens to know about the risks, but on what a properly trained and competent professional ought to have known.

"The issue should be about professional standards and competence not on subjective frame of mind.

"The law needs to be changed to protect the health and wellbeing of people and risks resulting from a lack of professional standards is not acceptable," said Phillida Bunkle.

Phillida Bunkle also today successfully introduced a motion that was passed by the House, expressing concern and sympathy for Patient A.

The motion read "This House expresses its concern and sympathy for the woman known as 'Patient A', whose cancer and subsequent disability resulted from repeated misread cervical smears some of which were undertaken by the National Cervical Screening Programme."

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>

ALSO:

Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>

ALSO:

More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>

ALSO:

Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>

ALSO:

Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>

ALSO:

General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news