Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Disclosure of information to or by other agencies, bodies, or persons

296: No Crown liability to third parties for fines enforcement action

You could also call this:

“Government not responsible for losses to others when collecting fines at the border”

This law is about what happens when the government tries to collect fines from someone who hasn’t paid them, right when they’re entering or leaving New Zealand.

If you’re not the person who owes the fine, the government won’t have to pay you back if you lose money or have problems because of their actions to collect the fine. This could apply to airlines or other passengers, for example.

The only times the government might have to pay you back are if the people collecting the fine weren’t acting in good faith (which means they weren’t being honest and fair) or if they were really careless in what they did.

However, if you’re the person who supposedly owes the fine, this law doesn’t change whether the government might owe you something or not.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441064.

Topics:
Immigration and citizenship > Border control
Crime and justice > Criminal law
Previous

295: Information matching to locate person in serious default of payment of fine, or

“Sharing information to find people who owe large fines”

Next

297: Chief executive may supply information concerning specified fines defaulters to commercial carriers, or

“Old rule about sharing fine defaulters' info with carriers no longer applies”

Part 8 Compliance and information
Disclosure of information to or by other agencies, bodies, or persons

296No Crown liability to third parties for fines enforcement action

  1. This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter), or to the questioning of any alleged defaulter with a view to taking any fines enforcement action, immediately—

  2. after the arrival of the alleged defaulter in New Zealand; or
    1. before the departure of the alleged defaulter from New Zealand.

      1. The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1), unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.

      2. Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter.

      Compare