Receiverships Act 1993

20: No defence or indemnity

You could also call this:

"Receivers are responsible for their actions and can't blame others or get help paying for mistakes"

Illustration for Receiverships Act 1993

If you are a receiver, you cannot use certain excuses to defend yourself in court. You cannot say you were just acting for someone else when you broke the rules in section 19. If you break these rules, you will be responsible for any problems that happen.

If you do something wrong as a receiver, you will not get any money from the property or the person who appointed you to help pay for the mistakes. This is because you broke the rules in section 19. You will have to deal with the consequences of your actions.

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 It might be out of date or be missing some parts.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=DLM327727.


Previous

19: Duty of receiver selling property, or

"A receiver must sell property fairly and try to get the best price for it."


Next

21: Duty in relation to money, or

"Keep receivership money separate to avoid trouble with the law"

20No defence or indemnity

  1. Notwithstanding any enactment or rule of law or anything contained in the deed or agreement by or under which a receiver is appointed,—

  2. it is not a defence to proceedings against a receiver for a breach of the duty imposed by section 19 that the receiver was acting as the grantor's agent or under a power of attorney from the grantor:
    1. a receiver is not entitled to compensation or indemnity from the property in receivership or the grantor in respect of any liability incurred by the receiver arising from a breach of the duty imposed by section 19.