Civil Defence Emergency Management Act 2002

Miscellaneous provisions

110: Protection from liability

You could also call this:

"You can't sue helpers during an emergency, unless they're very careless or mean."

Illustration for Civil Defence Emergency Management Act 2002

If you are involved in a state of emergency or a transition period, you cannot sue the Crown, a Civil Defence Emergency Management Group, or their officers, employees, or members for damages. This applies if the loss or damage happens because someone takes action or does not take action while doing their job under this Act. However, if someone acts in bad faith or is grossly negligent, you can still hold them responsible for their actions, and they are not protected from liability under this rule, which you can find more information about in sections 107 to 109. You are protected from people who do not do their job properly on purpose or are very careless. The law says that people doing their job during an emergency are generally not liable for damages, but there are exceptions for bad faith or gross negligence.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151430.

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109: Compensation for other matters, or

"Getting help with costs if you're affected by emergency actions"

111: Restricted application of Resource Management Act 1991, or

"What happens to environment rules during an emergency"

Part 7Miscellaneous provisions

110Protection from liability

Except as provided in sections 107 to 109, there is no cause of action against the Crown, or a Civil Defence Emergency Management Group, or an officer or employee or member of any of them, or against any other person, to recover damages for any loss or damage that is due directly or indirectly to a state of emergency or a transition period.
Subsection (1) applies whether the loss or damage is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance of his or her functions, duties, or powers under this Act.
No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.

Compare

1983 No 46 s 66

Notes

Section 110(1): amended, at 9.59 pm on 29 November 2016, by section 37 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).