Health Act 1956

Miscellaneous provisions

129: Protection of persons acting under authority of Act

You could also call this:

"You're protected by law if you follow the Health Act rules and act with care."

If you do something or do not do something because of the Health Act 1956, you will not get in trouble unless you acted in bad faith or without reasonable care. You are protected from being sued or charged with a crime if you follow the Act. This means you will not be liable for what you did or did not do.

If someone wants to take you to court, they need to ask a Judge of the High Court for permission first. The Judge will only give permission if they think you acted in bad faith or without reasonable care. You will be told if someone wants to take you to court and you can explain your side of the story.

You must be told about the court case within six months of what happened, or the Judge will not let the case go ahead. The Judge can also set a time limit for when the case can be started.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308498.

128A: Building Act 2004, or

"Rules for checking buildings are safe and meet standards"

130: Expenses of local authorities, or

"Local authorities can use their own money to pay for costs related to health laws."

Part 7Miscellaneous provisions

129Protection of persons acting under authority of Act

A person who, in pursuance or intended pursuance of any of the provisions of this Act, does any act, or fails or refuses to do any act, shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted, or failed or refused to act, in bad faith or without reasonable care.
No proceedings, civil or criminal, shall be brought against any person in any court in respect of any act, failure, or refusal, to which subsection (1) applies except by leave of a Judge of the High Court, and such leave shall not be granted unless the Judge is satisfied that there is substantial ground for the contention that the person against whom it is sought to bring the proceedings has acted, or failed or refused to act, in bad faith or without reasonable care.
Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.
Leave to bring such proceedings shall not be granted unless application for such leave is made within 6 months after the act, failure, or refusal complained of, or, in the case of a continuance of injury or damage, within 6 months after the ceasing of the injury or damage.
In granting leave to bring any such proceedings as aforesaid, the Judge may limit the time within which such leave may be exercised.
Repealed

Notes

Section 129(1): amended, on 9 December 1994, by section 3(a) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(1): amended, on 9 December 1994, by section 3(b) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(2): amended, on 9 December 1994, by section 3(b) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(2): amended, on 9 December 1994, by section 3(c) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 129(4): amended, on 9 December 1994, by section 3(d) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(6): repealed, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).