79Determination of non-economic loss—accidents occurring before midnight on 26.9.95

#### 79 Determination of non-economic loss—accidents occurring before midnight on 26.9.95 79 Determination of non-economic loss—accidents occurring before midnight on 26.9.95 > > (1) This section applies only to motor accidents that occurred before midnight on 26 September 1995. > > > (1A) The object of this section is to limit the amount of damages for non-economic loss in cases of claims relating to relatively minor injuries, in order to achieve the object of the Act of more fully compensating those with more severe injuries at a cost the community can afford to meet. > > > (1B) No damages shall be awarded for the non-economic loss of an injured person as a consequence of a motor accident unless the injured person’s ability to lead a normal life has been, or in the near future is likely to be, significantly impaired for a continuous period of not less than 6 months by the injury suffered in the accident. > > > (2) The amount of damages to be awarded for non-economic loss shall be a proportion, determined according to the severity of the non-economic loss, of the maximum amount which may be awarded. > > > (3) The maximum amount which may be awarded for non-economic loss is $180,000, but the maximum amount shall be awarded only in a most extreme case. > > > (4) If the amount of non-economic loss is assessed to be $15,000 or less, no damages for non-economic loss shall be awarded. > > > (5) If the amount of damages to be awarded for non-economic loss in accordance with this section is more than $15,000 but less than $55,000, the following deductions shall be made from that amount: > > > > > (a) if the amount of damages is less than $40,000—the amount to be deducted is $15,000, > > > > > (b) if the amount of damages is not less than $40,000—the amount to be deducted is $15,000, or $15,000 reduced by $1,000 for every $1,000 by which the amount of damages exceeds $40,000. > > **s 79:** Am 1989 No 47, Sch 1 (38); 1993 No 72, Sch 1 (15); 1995 No 66, Sch 1 \[34\] \[35\].