This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

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

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

You could also call this:

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

Illustration for Emergency Management Bill (No 2)

If you issue or do not issue a warning about a hazard as part of this proposed law, you are protected. You will not be liable in civil court for any loss or damage that happens because of the warning, or because you did not give a warning. This protection applies to you if you are acting on behalf of the Director-General or an Emergency Management Committee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1554373.

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

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


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204: Limits on protections in sections 202 and 203, or

"When you act unfairly or are very careless, some protections don't apply"

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

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

  1. This section applies to a person who issues or fails to issue a warning in respect of a hazard in accordance with this Act (whether or not in connection with a state of emergency or transition period), including a person or an entity authorised to act on behalf of the Director-General or an Emergency Management Committee.

  2. The person is protected from liability in civil proceedings relating to loss or damage that is due, directly or indirectly, to the issue of, or failure to issue, the warning.