Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

92: Protection of people acting under authority of this Act

You could also call this:

"People doing their job to enforce this law are protected from getting in trouble"

If you are an enforcement officer doing your job under this Act, you are protected from being sued or in trouble with the law. This protection applies when you do something or choose not to do something as part of your duties, as long as you are not being careless or doing something on purpose to hurt someone. You must have acted in bad faith or without reasonable care to be liable, which means you would have done something wrong on purpose or not taken the care a reasonable person would take.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428811.


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91: Appointment of enforcement officers, or

"Who can be chosen to help enforce the Smokefree Environments and Regulated Products Act 1990"


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93: Powers of entry and inspection, or

"Enforcement officers can enter and inspect places to check if smokefree rules are being followed"

Part 5Regulations, enforcement, and other matters
Enforcement officers

92Protection of people acting under authority of this Act

  1. No enforcement officer who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that person by or under this Act is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable care.

Notes
  • Section 92: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).