Gambling Act 2003

Institutions - New Zealand Lottery Grants Board - Miscellaneous provisions

294: Protection of members, distribution committees, and employees

You could also call this:

"People working with the Board are protected from blame for mistakes made while doing their job"

If you are a member of the Board or a distribution committee, or if you work for the Secretary, you are not responsible for things the Board or committee does just because you are a member or employee. You are also not responsible to other people for things you do as part of your job, unless you do something in bad faith, which means you do something on purpose that you know is wrong. The Board is responsible for any mistakes its members or employees make.

If you are taken to court for something you did as part of your job, the Board may help pay your costs if you were trying to do the right thing. The Board may also help pay for insurance to cover you if you make a mistake while doing your job. This insurance can help pay for costs if someone sues you or if you have to go to court.

The Board's help with costs or insurance applies to you even if you used to be a member of the Board or a committee, or if you used to work for the Secretary. When we say the Board may "indemnify" you, it means they may help pay your costs or relieve you of responsibility for something. When we say the Board may "effect insurance", it means they may help pay for insurance to cover you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210219.


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Part 3Institutions
New Zealand Lottery Grants Board: Miscellaneous provisions

294Protection of members, distribution committees, and employees

  1. A member of the Board or of a distribution committee or subcommittee, or an employee of the Secretary, is not liable for any act or omission of the Board or distribution committee or subcommittee by reason only of being such a member or employee.

  2. Such a member or employee is not liable to any person (other than the Board) for any act or omission by him or her, in the performance or intended performance of the Board’s or distribution committee’s or subcommittee’s functions, unless done in bad faith.

  3. The Board is liable for any act or omission for which, but for this section, a board member, committee or subcommittee member, or employee would have been liable to a person.

  4. The Board may indemnify a board member, committee or subcommittee member, or employee for costs incurred by him or her in a proceeding—

  5. that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Board’s or committee’s or subcommittee’s functions; and
    1. in which judgment is given in his or her favour, in which he or she is acquitted, or that is discontinued.
      1. The Board may effect insurance for a board member, committee or subcommittee member, or employee in relation to—

      2. liability (other than criminal liability) for any act or omission in the performance or intended performance of the Board’s, committee’s, or subcommittee’s functions; and
        1. costs incurred in any proceeding relating to that liability or in any criminal proceedings.
          1. In this section,—

          2. references to members and employees include references to former members of the Board or of a distribution committee or subcommittee and to former employees of the Secretary:
            1. effect insurance includes pay, whether directly or indirectly, the costs of the insurance:
              1. indemnify includes relieve or excuse from liability whether before or after the liability arises.
                Compare
                • 1977 No 84 s 116ZC