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Overseas Investment Act 2005

National security and public order risks management regime - Risk management actions - Statutory management

109: Protection from liability and indemnity

You could also call this:

"Protection from being sued when doing your job honestly as a statutory manager"

Illustration for Overseas Investment Act 2005

If you are a statutory manager, you are not liable for something you do or do not do when you are doing your job in good faith under this Act. You are protected if you make a decision or take an action honestly and fairly. The Crown will help pay for any costs if someone takes you to court because of a decision you made as a statutory manager.

The Crown will pay for any costs that come from you doing your job, unless you did something in bad faith, which means you did it on purpose to cause harm. This means you will not have to pay for a lawyer to defend you in court if someone sues you because of a decision you made as a statutory manager.

The Crown will use its own money to pay for these costs, and it does not need any extra permission to do so, as stated in section 52 of the Overseas Investment (Urgent Measures) Amendment Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS359037.

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Part 3National security and public order risks management regime
Risk management actions: Statutory management

109Protection from liability and indemnity

  1. No statutory manager is liable for an act done or omitted to be done in the performance or exercise in good faith of the statutory manager’s functions, duties, or powers under this Act.

  2. The Crown indemnifies the statutory manager for any liability that arises from the exercise or purported exercise of, or omission to exercise, any power conferred by this Act unless it is shown that the exercise or purported exercise of, or omission to exercise, the power was in bad faith.

  3. Any money required for the purposes of this section must be paid out of a Crown Bank Account without further authority than this section.

  4. The indemnity conferred by subsection (2) extends to legal costs incurred in defending a proceeding.

Notes
  • Section 109: inserted, on , by section 52 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).