53Damages limitations apply even if self-defence not reasonable response

#### 53 Damages limitations apply even if self-defence not reasonable response 53 Damages limitations apply even if self-defence not reasonable response > > (1) If section 52 would operate to prevent a person incurring a liability to which this Part applies in respect of any conduct but for the fact that the conduct was not a reasonable response in the circumstances as he or she perceived them, a court is nevertheless not to award damages against the person in respect of the conduct unless the court is satisfied that— > > > > > (a) the circumstances of the case are exceptional, and > > > > > (b) in the circumstances of the case, a failure to award damages would be harsh and unjust. > > > (2) If the court determines to award damages on the basis of subsection (1), the following limitations apply to that award— > > > > > (a) Part 2 (with the exception of Division 3 of that Part) applies with respect to the award of damages despite section 3B(1)(a), and > > > > > (b) no damages may be awarded for non-economic loss. > > **s 53:** Ins 2002 No 92, Sch 1 \[5\].