Creating new, or relying on existing, civil remedies
This is a single section from Chapter 20. Read the full chapter here.
Should a new civil remedy be created?
New civil remedies should only be created where there is a clear need, where it is necessary to achieve the purpose of the legislation, and no existing civil remedy is appropriate.
New civil remedies should not generally be created unless there is a clear need. This need may arise due to a gap in the current range of remedies or where there are difficulties in modifying existing remedies. In other cases a new process or institution might be a more effective and efficient way of addressing an issue.
Broad consultation should take place before creating a new civil action, in particular with agencies that administer similar legislation. The Ministry of Justice, the Crown Law Office, and the PCO should also be consulted.