There are two recent cases in New Zealand where "emotional damages" have been awarded by the courts in respect of animal cruelty matters. Emotional damages (in New Zealand and overseas) have traditionally been an impenetrable ceiling to tortious claims by owners in respect of their animals but this door has been "unlocked" with the decisions in these two New Zealand judgements.

The enormous potential impact becomes clear when you think of the relevance on all businesses that deal with animals. The veterinary profession, for example, particularly in companion animal practice, largely trades off the "emotional link" between people and their animals. However, in the event things go wrong, the veterinarian’s liability has traditionally been limited by the law's starting point in valuing an animal according to its "market value". Animal Welfare law in New Zealand already recognises that animals are different from inanimate objects, so the impact of adding “emotional damages” in claims for damages has relevance to all those with financial interests involving animals including owners, transporters, health professionals and insurers, to name just a few.

While legal progress is likely to progress with a series of checks and balances affected by the facts, evidence and burden of proof in each case, the fact remains that for New Zealand animal owners and their lawyers, "emotional damages" is a head of claim that has precedent and can be considered when assessing potential claims for damages.  

(Comment by Dr Ian Robertson, Director of International Animal Law)