Animal Welfare Act 1999

Provisions relating to administration - Miscellaneous provisions

158: Protection of persons acting under authority of Act

You could also call this:

"People helping animals under the law are protected from being sued"

Illustration for Animal Welfare Act 1999

You are protected if you act under the Animal Welfare Act 1999. If you are an inspector, auxiliary officer, or helping an inspector or constable, you will not be personally liable for your actions. This means you will not be held responsible if you do something or do not do something in good faith while carrying out your duties. You will not be liable if you make a mistake while doing your job. Instead, the Crown will be liable if something goes wrong. This applies to inspectors, auxiliary officers, and people helping them. If someone sues, they will sue the Crown, not you. This is because the law protects people who act under its authority in good faith. The law says that if you do something wrong while trying to do your job, the Crown is responsible, not you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51904.

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Part 7Provisions relating to administration
Miscellaneous provisions

158Protection of persons acting under authority of Act

  1. No inspector, auxiliary officer, accredited reviewer, or person assisting an inspector or constable is personally liable for any act done or omitted in good faith by the inspector, auxiliary officer, accredited reviewer, or person in pursuance or intended pursuance of any of the functions, duties, or powers conferred by this Act on the inspector, auxiliary officer, accredited reviewer, or person.

  2. Any liability that would but for this section lie against an inspector or auxiliary officer, or a person assisting an inspector or constable, lies against the Crown.

Notes
  • Section 158(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 158(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).