26BApplication of Part

#### 26B Application of Part 26B Application of Part > > (1) This Part applies to and in respect of an award of personal injury damages against a protected defendant in respect of— > > > > > (a) an injury to a person received while the person was an offender in custody, or > > > > > (b) the death of a person resulting from or caused by an injury to the person received while the person was an offender in custody, > > > > being an injury caused by the negligence (that is, the failure to exercise reasonable care and skill) of the protected defendant or caused by the tort (whether or not negligence) of another person for whose tort the protected defendant is vicariously liable. > > > (2) This Part does not apply to— > > > > > (a) an award of damages pursuant to an action under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031), or > > > > > (b) an award of damages for mental harm (within the meaning of Part 3) to a person who was not an offender in custody at the time of the incident that resulted in the mental harm. > > > (2A) This Part does not apply to, and is taken never to have applied to, an injury arising from child abuse. > > > (3) Part 2 is subject to this Part. > > > (4) Section 19 (Third party contributions) extends to an award of damages to which this Part applies as if that section were a provision of this Part. > > > (5) A reference in Divisions 2–5 to an offender includes a reference to a person who, subsequent to the injury concerned, ceases to be an offender. > > > (6) In this section— > > > > child means a person under the age of 18 years. > > > > child abuse, of a child, means sexual abuse or physical abuse of the child but does not include an act that is lawful at the time it takes place. > > **s 26B:** Ins 2004 No 29, Sch 1 \[3\]. Am 2008 No 84, Sch 1 \[5\]; 2021 No 28, Sch 1\[3\] \[4\].