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Local Government Act 2002

Powers of Minister to act in relation to local authorities - General provisions applying to Ministerial powers conferred under subpart 1

258Y: Protection from liability for Ministerial appointees

You could also call this:

“People chosen by the Minister to help with local councils are protected from getting in trouble if they make honest mistakes.”

If you are chosen by the Minister to help with local government tasks, you don’t have to worry about getting in trouble for your actions. As long as you are doing your best to do your job properly, you won’t be held responsible for any mistakes you might make.

This protection covers different types of tasks. If you are a Crown Manager and you tell a local authority what to do, you are protected. If you are a Commission member and you do the work that a local authority or its members usually do, you are also protected.

Remember, this only applies when you are trying your best to do the right thing in your role. It doesn’t mean you can do whatever you want without consequences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925999.

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Government and voting > Local councils
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Part 10 Powers of Minister to act in relation to local authorities
General provisions applying to Ministerial powers conferred under subpart 1

258YProtection from liability for Ministerial appointees

  1. A Ministerial appointee is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities and duties, or the exercise of his or her powers as a Ministerial appointee.

  2. To avoid doubt, this includes—

  3. acts done or omitted to be done by a Crown Manager when directing a local authority to act; and
    1. acts done or omitted to be done by a Commission member when performing the functions and exercising the powers of a local authority or its members.

      Notes
      • Section 258Y: inserted, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).