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Residential Tenancies Act 1986

Administration - Functions and powers of chief executive

125: Immunities

You could also call this:

“The chief executive can't be personally blamed for mistakes made while doing their job.”

The chief executive and anyone they delegate tasks to are protected from personal responsibility for their actions or decisions. This protection applies when they are doing their job under this law, as long as they act in good faith. This means if they make a mistake while trying to do the right thing, they won’t be held personally responsible.

However, this doesn’t mean the government (referred to as “the Crown”) is free from responsibility. If an employee or agent of the government does something wrong, the government can still be held accountable.

This protection is in place to allow the chief executive and their delegates to do their job without worrying about personal consequences, as long as they are acting honestly and trying their best to follow the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95978.

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Housing and property > Renting
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Part 4 Administration
Functions and powers of chief executive

125Immunities

  1. No personal liability shall attach to the chief executive or to any delegate of the chief executive for any act or omission by the chief executive or the delegate made in good faith and in the exercise, or purported exercise, of all or any of the functions or powers of the chief executive under this Act, or in the discharge, or purported discharge, of all or any of the chief executive's duties under this Act, but without prejudice to any liability that the Crown may incur for the acts or omissions of any employee or agent of the Crown.

Compare
  • Residential Tenancies Act 1978–1981 s 12 (SA)
Notes
  • Section 125: amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).