Fisheries Act 1996

Appointment and powers of fishery officers - Provisions relating to exercise of powers

220: Protection of fishery officer or high seas fishery inspector from liability

You could also call this:

"Protection for fishery officers and inspectors from being sued"

Illustration for Fisheries Act 1996

If you are a fishery officer or high seas fishery inspector, you are protected from being sued. You will not be liable for anything you do under the Fisheries Act 1996, unless you act in bad faith. This means you must have done something on purpose to hurt someone. If you follow the directions of a fishery officer under section 196(3) or a high seas fishery inspector under section 113Q(3), you are also protected. You will not be liable for anything you do under the Act, unless you act in bad faith. This protection also applies if you are helping a fishery officer or high seas fishery inspector under section 219. The government cannot be held liable for the actions of a fishery officer, high seas fishery inspector, or person helping them. This is unless the person would be liable themselves for their actions. This section is subject to sections 164 to 168 of the Search and Surveillance Act 2012.

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Part 11Appointment and powers of fishery officers
Provisions relating to exercise of powers

220Protection of fishery officer or high seas fishery inspector from liability

  1. No fishery officer or high seas fishery inspector who does any act under this Act, or omits to do any act required by this Act, shall be under any civil or criminal liability as a result of that act or omission on the ground of want of jurisdiction or mistake of law or fact, or any other ground, unless he or she has acted, or omitted to act, in bad faith or without reasonable cause.

  2. A person who, in acting under the directions of a fishery officer in accordance with section 196(3) or under the directions of a high seas fishery inspector under section 113Q(3), does any act under this Act, or omits to do any act required by this Act, shall not be under any civil or criminal liability as a result of that act or omission on the ground of want of jurisdiction or mistake of law or fact, or any other ground, unless he or she has acted or omitted to act in bad faith or without reasonable cause.

  3. A person who, while assisting a fishery officer or high seas fishery inspector under section 219, does any act under this Act, or omits to do any act required by this Act, shall not be under any civil or criminal liability as a result of that act or omission on the ground of want of jurisdiction or mistake of law or fact, or any other ground, unless he or she has acted or omitted to act in bad faith.

  4. The Crown may not be held directly or indirectly liable for an act or omission of any such fishery officer, high seas fishery inspector, or person, unless the officer, inspector, or person would himself or herself incur liability for the act or omission.

  5. This section is subject to sections 164 to 168 of the Search and Surveillance Act 2012 (where applied by this Act).

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Notes
  • Section 220 heading: amended, on , pursuant to section 23 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
  • Section 220(1): amended, on , by section 23(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
  • Section 220(2): amended, on , by section 23(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
  • Section 220(3): amended, on , by section 23(3) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
  • Section 220(4): substituted, on , by section 23(4) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
  • Section 220(5): inserted, on , by section 251(4) of the Search and Surveillance Act 2012 (2012 No 24).