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Corrections Act 2004

Corrections system - Miscellaneous - Emergency management

179E: Exclusion of liability while epidemic notice in force or during emergency

You could also call this:

"No suing the government during emergencies, unless they act very badly."

If there is an epidemic notice in force or an emergency, you cannot take the government or its workers to court for damages. This is because they may have had to modify some rules under the Epidemic Preparedness Act 2006 to deal with the situation. You are protected if someone acts in bad faith or is grossly negligent. The court will decide if someone has acted in bad faith or been grossly negligent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1955941.

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Part 2Corrections system
Miscellaneous: Emergency management

179EExclusion of liability while epidemic notice in force or during emergency

  1. There is no cause of action against the Crown, a Minister of the Crown, an officer or employee of a Minister of the Crown, the chief executive, an employee of the department, a contractor, or an independent contractor, to recover damages for any harm or loss that is due directly or indirectly to—

  2. any act or omission by any person that occurs while carrying out his or her functions or duties or exercising his or her powers under a provision of this Act or the regulations that has been modified by Order in Council under the Epidemic Preparedness Act 2006 while an epidemic notice is in force; or
    1. any failure by any person to comply (or comply fully) with any provision of this Act or the regulations if—
      1. the failure occurs during an epidemic emergency affecting a prison or prisoners, a prison emergency, or a state of emergency affecting a prison or prisoners; and
        1. it is impossible or unreasonable in the circumstances to comply (or comply fully) with this Act or the regulations.

        2. A person is not exempt from liability under subsection (1) if the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.

        3. A person may apply to the High Court for leave to bring proceedings against any person referred to in subsection (1) on the ground that the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.

        4. The court must not grant leave unless it is satisfied that there are grounds for the contention that the act or omission, or failure, constitutes bad faith or gross negligence on the part of the person against whom proceedings are sought to be brought.

        5. An application for leave under subsection (3) must be made—

        6. within 2 years after the act or omission, or failure, to which the application relates; or
          1. in the case of a continuance of injury or damage, within 2 years after the ceasing of the injury or damage.

            1. Nothing in this section—

            2. prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fairness:
              1. limits the operation of section 104 of the Public Service Act 2020:
                1. affects any cause of action relating to unlawful arrest or detention.

                  Notes
                  • Section 179E: inserted, on , by section 30 of the Corrections Amendment Act 2009 (2009 No 3).
                  • Section 179E(6)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).