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Land Transport Act 1998

Enforcement of responsibilities - Enforcement powers for offences involving certain vehicles

127: Protection against claims resulting from action under section 125 or section 126

You could also call this:

“No blame for officials who stop vehicles or remove items, unless they're careless”

If someone in authority stops your vehicle or removes something from it because of rules in section 125 or 126, you can’t blame the government, the person who stopped you, or their boss for any damage that happens. This means if your vehicle or the things you’re carrying get broken or lost, you can’t ask them to pay for it.

But there’s an exception to this rule. If the person who stopped you wasn’t trying to do the right thing, or if they were really careless and didn’t act how a normal careful person would, then this protection doesn’t apply to them.

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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=DLM435127.

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Part 9 Enforcement of responsibilities
Enforcement powers for offences involving certain vehicles

127Protection against claims resulting from action under section 125 or section 126

  1. None of the following, namely,—

  2. the Crown; or
    1. any enforcement officer; or
      1. any employer of an enforcement officer who is not a constable,—
          1. is liable for any loss or damage to a vehicle or its load arising directly or indirectly from the stopping of the vehicle or the removal of any part of its load under a direction given under section 125 or section 126.

        1. This section does not apply if the enforcement officer concerned acted without good faith or if his or her omission or neglect is a major departure from the standard of care expected of a reasonable person in the circumstances.

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        Notes
        • Section 127(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).