Public Safety (Public Protection Orders) Act 2014

Procedural, administrative, and miscellaneous matters - Matters relating to management or administration - Residence management contracts

133: Liability of contractor

You could also call this:

"Contractors must pay back the government if their work causes problems or damages property"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are a contractor, the government can ask you to pay them back if someone makes a claim against them because of something you or your employees did. The government can also ask you to pay them back if you or your employees damage or lose any of their property. When deciding who is responsible for something a contractor or their employees did, you are not considered to be working for the government. This rule does not affect any other rights the government may have to ask a contractor to pay them back, as outlined in a residence management contract, which you can learn more about by visiting the Public Safety (Public Protection Orders) Act 2014 or similar legislation like the one found at s 199B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751269.


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132: Delegation of powers and functions of contractor, or

"Contractor's powers and jobs are given to them like they are a government boss"


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134: Control of contract residence in emergency, or

"Help in an emergency at a contract residence"

Part 2Procedural, administrative, and miscellaneous matters
Matters relating to management or administration: Residence management contracts

133Liability of contractor

  1. The Crown is entitled to be indemnified by a contractor—

  2. against any claim arising out of any act or omission of the contractor, or the contractor's employees or agents, for which the Crown is held liable (in whole or in part); and
    1. for any act or omission of the contractor, or the contractor's employees or agents, that results in damage to, or loss of, any property of the Crown.
      1. For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor's employees or agents, neither the contractor nor the contractor's employees or agents are to be treated as agents of the Crown.

      2. This section does not limit any other right to indemnification that may be provided in a residence management contract.

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