Editing Punitive damages (section)

===New Zealand===
In [[New Zealand]] it was held in ''[[Donselaar v. Donselaar]]''<ref>''[[Donselaar v. Donselaar]]'' [1982] 1 NZLR 97</ref> and confirmed in ''Auckland City Council v. Blundell''<ref>''Auckland City Council v. Blundell'' [1986] 1 NZLR 732</ref> that the existence of the [[Accident Compensation Corporation]] did not bar the availability of exemplary damages. In ''[[Paper Reclaim Ltd v Aotearoa International Ltd]]''<ref>''Paper Reclaim Ltd v Aotearoa International'' [2006] 3 NZLR 188</ref> it was held that exemplary damages are not to be awarded in actions for breach of contract but the court left open the possibility that exemplary damages might be available where the breach of contract is a tort.

In 2010, in ''Couch v Attorney-General'' the [[New Zealand Supreme Court]] barred exemplary damages for cases of negligence unless the defendant acts intentionally or with subjective recklessness.<ref>''Couch v Attorney-General'' [https://forms.justice.govt.nz/search/Documents/pdf/jdo/db/alfresco/service/api/node/content/workspace/SpacesStore/ea304712-1146-4baf-959a-628a5bb855be/ea304712-1146-4baf-959a-628a5bb855be.pdf &lsqb;2010&rsqb; NZSC 27]</ref>

Punitive damages can also be awarded for equitable wrongs. In ''Acquaculture Corporation v New Zealand Green Mussel Co Ltd'',<ref>''Acquaculture Corporation v New Zealand Green Mussel Co Ltd'' [1990] 3 NZLR 299</ref> the majority of the New Zealand Court of Appeal held that in addition to compensation, punitive damages could be awarded for breach of confidence, albeit that, on the facts, they were not merited. Similarly, in ''Cook v Evatt (No.2)'',<ref>''Cook v Evatt (No.2)'' [1992] 1 NZLR 676</ref> Fisher J in the New Zealand High Court added exemplary damages of NZ$5,000 to an account of profits of over NZ$20,000 for breach of fiduciary duty.