Crown Entities Act 2004

Operation of Crown entities - Statutory entities - Protections from liability of members, office holders, and employees

121: Immunity from civil liability

You could also call this:

"People working for the government can't be sued for some mistakes they make while doing their job."

If you are a member of a statutory entity, you are not liable for certain acts or omissions, unless you breach an individual duty under sections 53 to 57. This means you cannot be sued by the entity you are part of, or by any other person, for those acts or omissions. You are protected from being liable.

If you are an office holder or employee, you are also not liable to any person for certain acts or omissions. This protection applies to you as an individual.

This protection does not affect certain things, such as the making of an order under section 60, or the liability of a person for something that is not a civil matter, or a person's right to apply for judicial review in accordance with the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330373.


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Part 3Operation of Crown entities
Statutory entities: Protections from liability of members, office holders, and employees

121Immunity from civil liability

  1. A member of a statutory entity is not liable, in respect of an excluded act or omission,—

  2. to the entity, unless it is also a breach of an individual duty under any of sections 53 to 57:
    1. to any other person.
      1. An office holder or employee is not liable to any person in respect of an excluded act or omission.

      2. Nothing in this section affects—

      3. the making of an order under section 60:
        1. the liability of any person that is not a civil liability:
          1. the right of any person to apply, in accordance with the law, for judicial review.