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New Zealand law explained for everyone

Public Works Act 1981

General provisions

238: Controlling authority may bring action for damage to public work

You could also call this:

“People in charge of public property can sue if it gets damaged”

If someone is in charge of a public work but doesn’t own it, they can still take legal action if the work is damaged or destroyed. This means that if you’re responsible for looking after something that belongs to the public, like a park or a road, you can go to court to get money if someone damages it. However, both you and the actual owner can’t get money for the same damage. It’s important to know that this rule applies to many different types of authorities, including the government and local councils.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48376.

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Part 21 General provisions

238Controlling authority may bring action for damage to public work

  1. In any case where any authority (including the Crown or any Minister of the Crown or any public or local authority) has control of any public work but the ownership of that work is not vested in that authority, proceedings for the recovery of damages in respect of the removal or destruction of the work, or in respect of any injury or damage to it, may be taken by that authority as if it were the owner of the work; but damages in respect of the removal or destruction of the work, or of any injury or damage to it, shall not be recovered by both that authority and the owner of the work.

Compare
  • 1952 No 58 s 15