Plain language law

New Zealand law explained for everyone

Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Liability-related provisions

161: Limitation of liability

You could also call this:

"People doing their job can't be sued for damage if they acted in good faith"

Illustration for Fire and Emergency New Zealand Act 2017

You cannot take a person to court to get money for damage to property if the damage happened because someone was doing their job in good faith. This applies to the Crown, FENZ, the board, FENZ personnel, and any other person. However, you can still take someone to court if the damage was caused by a fire engine or other vehicle being used for transport. You can still take someone to court for damage even if it seems like this section says you cannot. This section does not change what happens under section 121 of the Crown Entities Act 2004. A specified person includes someone who is authorised, FENZ personnel, or any other person. This means they are protected from being taken to court for damage if they were doing their job in good faith.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6678693.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departmentsWork and jobs > Worker rights
Previous

160: Damage in firefighting to be damage by fire within meaning of contract of fire insurance, or

"Firefighters' actions that damage property are considered fire damage for insurance purposes."

Next

162: Defences in actions or proceedings relating to designated services, or

"Protection if you follow the rules when delivering fire services"

Part 4Miscellaneous and enforcement provisions
Liability-related provisions

161Limitation of liability

  1. No proceeding may be taken against any of the following to recover damages for any loss or damage to property resulting from any act or omission of a specified person resulting from the performance, or intended performance, or the exercise or intended exercise, in good faith of that person’s functions, duties, or powers in relation to designated services under any relevant fire safety legislation or any other enactment:

  2. the Crown:
    1. FENZ:
      1. the board:
        1. any FENZ personnel:
          1. any other person.

            1. However, nothing in this section releases or exonerates any person from, or in any way affects the liability of any person for, any damage to property caused by, or in connection with, the use of any fire engine or other motor vehicle for transport purposes.

            2. Subsections (1) and (2) apply despite section 121 of the Crown Entities Act 2004.

            3. In this section, specified person means—

            4. an authorised person:
              1. any personnel:
                1. any other person.

                  Compare