Peka (as personal representative of the Estate of Hawkins) v Te Hei - [2025] 2 NZLR 353

Death of immediate family member — Death caused by intentional tort — Claim on behalf of primary victim’s mother.

Wrongful death action under Deaths by Accidents Compensation Act — Whether restricted to pecuniary loss — Whether ambulatory or dynamic interpretation appropriate — Whether contemporary interpretation includes emotional harm — Inappropriate to overrule precedent — Deaths by Accidents Compensation Act 1952 ss 4, 5 and 7.

Whether wrongful death action under Prisoners’ and Victims’ Claims Act — Definition of “offence” — Whether Prisoners’ and Victims’ Claims Act allows Deaths by Accidents Compensation Act to include emotional harm — Whether person qualifying under the Sentencing Act for reparation also qualifies for a claim under the Prisoners’ and Victims’ Claims Act 2005 — Sentencing Act 2002 ss 4(1), 32(1) and 33.

Common law claim for psychiatric harm — Whether victim’s mother suffered a recognisable psychiatric illness — Whether mental injury covered by accident compensation legislation — Whether injury meets threshold for exemplary damages award — Referred back to Victims’ Special Claims Tribunal — Accident Compensation Act 2001.