Plain language law

New Zealand law explained for everyone

Corrections Act 2004

Corrections system - Miscellaneous - Requisitioning of land and buildings for use as temporary corrections prisons

195: Protection from liability

You could also call this:

"The government and its workers are protected from being sued if they make honest mistakes while doing their job."

Illustration for Corrections Act 2004

If you take action under certain sections of the law, like section 191 or section 194, you cannot sue the government or its employees for any loss or damage that happens. This applies even if someone makes a mistake or does not do something they should have done, as long as they were doing their job.

You are still responsible if you do something on purpose or are very careless, which is called bad faith or gross negligence.

The government can still choose to make a payment to someone if they think it is fair, even if they are not required to by law, this is called an ex gratia payment.

If you have a problem because of something done under section 191 or section 194, and also under sections 32(4) to (6), you cannot take action against the government or its employees, except in certain cases, like if they acted in bad faith or were grossly negligent, or as provided in section 193.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297112.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportGovernment and voting > Government departments
Previous

194: Duties of chief executive, or

"What the boss of corrections must do during an emergency"

Next

196: Chief executive and Commissioner of Police may issue guidelines and instructions, or

"The boss of corrections and the Police boss can give rules and instructions to their staff."

Part 2Corrections system
Miscellaneous: Requisitioning of land and buildings for use as temporary corrections prisons

195Protection from liability

  1. There is no cause of action against the Crown, or an officer or employee or Minister of the Crown, or against any other person, to recover damages for any loss or damage that is due directly or indirectly to any action taken under section 191 or section 194, except as provided in section 193.

  2. Subsection (1) applies whether the loss or damage is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance of his or her functions, duties, or powers under sections 32(4) to (6), or section 191, or section 194.

  3. No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.

  4. Nothing in this section prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fairness.

Compare