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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Miscellaneous matters

172: Liability for loss

You could also call this:

"Who is responsible when mistakes are made by government agencies or people"

If you work for the government, you are not responsible for any mistakes made by a recognised agency or person. This means the Crown, the chief executive, and Ministry employees are not liable for these mistakes. You can find more information about recognised agencies and persons in section 136 and section 140.

However, there are some exceptions to this rule. If a Ministry or its employees are recognised as a agency or person under section 136 or section 140, they can be liable for mistakes. A department, as defined in section 5 of the Public Service Act 2020, can also be liable if they are recognised as a agency or person.

If you are recognised as a person under section 139, you are not considered a Ministry employee just because of this recognition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6087074.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Miscellaneous matters

172Liability for loss

  1. The following are not liable for any loss arising through the actions or omissions of a recognised agency or a recognised person:

  2. the Crown:
    1. the chief executive:
      1. an employee of the Ministry.

        1. However, subsection (1) does not apply to a recognised agency or to a recognised person who is—

        2. the Ministry, or a group of persons within the Ministry, and granted recognition as a recognised agency under section 136; or
          1. an officer or employee of the Ministry who is granted recognition as a recognised person under section 140; or
            1. a department as defined in section 5 of the Public Service Act 2020, a group of persons within a department who are recognised as a recognised agency under section 136, or an officer or employee of a department who is recognised as a recognised person under section 140.

              1. A person recognised as a recognised person under section 139 may not be treated as an employee of the Ministry only by reason of that appointment.

              Notes
              • Section 172(2)(c): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).