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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Administration - Co-ordinators, care managers, and district inspectors

145: No proceedings against district inspectors unless bad faith shown

You could also call this:

"You can't sue a district inspector for doing their job unless they did something wrong on purpose."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you want to take a district inspector to court, you can't do it just because you don't like what they did or said. You have to show that they did something wrong on purpose, which is called acting in bad faith. This rule applies when a district inspector is doing their job under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

If a district inspector makes a decision, you can still ask a court to review it to make sure they followed the law. This is called a judicial review, and it's a way to check that the district inspector did their job correctly. You can ask for a judicial review if you think the district inspector made a mistake or didn't follow the rules.

You should know that this rule doesn't stop you from asking for a judicial review, it just means you can't sue a district inspector for doing their job unless they acted in bad faith.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225997.

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"The boss of health chooses special helpers called district inspectors to be in charge of certain areas."

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Part 11Administration
Co-ordinators, care managers, and district inspectors

145No proceedings against district inspectors unless bad faith shown

  1. No civil proceedings may be brought against a district inspector for any thing he or she may do or report or say in the course of the exercise or performance or intended exercise or performance of his or her powers, duties, or functions under this Act, unless it is shown that he or she acted in bad faith.

  2. Nothing in this section affects the right of a person or organisation to apply, in accordance with law, for judicial review of the exercise or performance of a district inspector's powers, duties, or functions under this Act.