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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Compensation, civil liability, and other protections - Civil liability

202: Protection from liability in civil proceedings for act or omission

You could also call this:

"Protection from being sued when doing your job in an emergency"

Illustration for Emergency Management Bill (No 2)

If you are one of the people listed, like the Crown or an Emergency Management Committee, you are protected from being sued. You are protected when you do something or don't do something as part of your job under this proposed law. This protection applies when you are dealing with a state of emergency or transition period. If you are working under someone's direction, like a boss, you are also protected. You are protected when you do something or don't do something while following your boss's instructions. This protection applies when you are dealing with a state of emergency or transition period. You can be protected if you have jobs, tasks, or powers under this proposed law. You can also be protected if you work for the Crown or an Emergency Management Committee. This protection is for things you do or don't do as part of your job under this proposed law.

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 It might be out of date or be missing some parts.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=LMS1022581.

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Topics:
Emergency management > Government departmentsEmergency management > Emergency responseGovernment and voting > Emergency managementWork and jobs > Worker rights
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201: Emergency Management Committee may recover certain costs from other Committee, or

"Emergency Management Committee can get back costs from another Committee for help given"

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203: Protection from liability in civil proceedings for issue of, or failure to issue, warning, or

"No blame for giving or not giving warnings in emergencies"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Compensation, civil liability, and other protections: Civil liability

202Protection from liability in civil proceedings for act or omission

  1. Subsection (2) applies to the following persons:

  2. the Crown:
    1. an Emergency Management Committee:
      1. a member of an Emergency Management Committee:
        1. an officer or employee of the Crown or an Emergency Management Committee:
          1. any other person with functions, duties, or powers under this Act.

            1. The person is protected from liability in civil proceedings for any act that the person does or omits to do—

            2. in performing or exercising the person’s functions, duties, or powers under this Act; and
              1. directly or indirectly in relation to a state of emergency or transition period.

                1. Subsection (4) applies to a person (B) acting under the direction of a person (C) who is performing or exercising a function, duty, or power under this Act.

                2. B is protected from liability in civil proceedings for any act that B does or omits to do—

                3. while acting under the direction of C; and
                  1. directly or indirectly in relation to a state of emergency or transition period.

                    Compare
                    • 2002 No 33 s 110