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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Inspections

103: No proceedings against district inspectors unless bad faith shown

You could also call this:

"District inspectors are protected from being sued for doing their job, unless they act unfairly on purpose."

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

If you are a district inspector, you are protected from being taken to court for things you do as part of your job under this Act. This means you cannot be sued for doing your job, unless someone can prove that you did something on purpose to hurt them, which is called acting in bad faith. You are still subject to the law and people can ask a court to review your decisions if they think you made a mistake.

If someone thinks a district inspector made a wrong decision, they can still ask a court to look at it and decide if it was fair. This is called a judicial review and it is a way for people to make sure district inspectors are doing their jobs correctly.

You can find more information about this by looking at the law from 1992 that this Act is based on.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609262.

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Health and wellbeing > Mental healthGovernment and voting > Government departments
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Part 2Assessment and treatment of persons suffering from severe substance addiction
Inspections

103No proceedings against district inspectors unless bad faith shown

  1. No civil proceedings may be brought against any district inspector for any thing he or she may do in the course of the exercise or performance, or intended exercise or performance, of his or her functions, duties, or powers under this Act, unless it is shown that he or she acted in bad faith.

  2. Nothing in this section affects the right of any person or organisation to apply, in accordance with law, for judicial review of a district inspector's functions, duties, and powers under this Act.

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