Corrections Act 2004

Corrections system - Miscellaneous - Escort services and courtroom custodial services

168: Liability of security contractors

You could also call this:

"Security contractors must pay back the government if their actions cause problems or damage"

If you are a security contractor, the government can ask you to pay them back if someone makes a claim against them because of something you or your employees did. This can happen if the government is found to be liable, even if it's only partly their fault. The government can also ask you to pay them back if you or your employees damage or lose any of their property. When working out who is liable for something a security contractor or their employees did, you are not considered to be working for the government, even if you are doing work for them.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296558.

Topics:

Crime and justice > Police and safetyBusiness > Industry rulesGovernment and voting > Government departments

167: Requirements of security contracts, or

"What security companies must do when they have a contract with the government"

169: Subcontractors, or

"When security contractors give work to others, they need the chief executive's written okay and must follow the rules."

Part 2Corrections system
Miscellaneous: Escort services and courtroom custodial services

168Liability of security contractors

The Crown is entitled to be indemnified by a security contractor—
against any claim arising out of any act or omission of the security contractor or the security contractor's employees or agents and for which the Crown is held liable (in whole or in part); and
for any act or omission of the security contractor or the security contractor's employees or agents that results in damage to, or loss of, any property of the Crown.

For the purposes of determining the liability of the Crown or the security contractor for any act or omission of a security contractor or a security contractor's employees or agents, neither the security contractor nor the security contractor's employees or agents are to be treated as agents of the Crown.

Compare

1954 No 51 s 36Z