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Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Ministerial powers in relation to water services delivery plans - General provisions

37: Protection from liability

You could also call this:

"Ministerial appointees are protected from blame if they do their job honestly and correctly."

Illustration for Local Government (Water Services Preliminary Arrangements) Act 2024

If you are a ministerial appointee, you are not liable for things you do or do not do in good faith. You must be doing your job and using your powers as you should. This means you are protected if you make decisions or take actions as part of your role, even if you are directing a territorial authority or a group of them. You can find similar information in the legislation from 2002. This protection applies to all the things you do as a ministerial appointee, as long as you are acting in good faith.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964487.

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Part 2Water services delivery plans and foundational information disclosure requirements
Ministerial powers in relation to water services delivery plans: General provisions

37Protection from liability

  1. A ministerial appointee is not liable for any act done or omitted to be done by them in good faith in the performance or intended performance of their functions, responsibilities, and duties, or the exercise of their powers, as a ministerial appointee.

  2. Subsection (1) applies, without limitation, to acts done or omitted to be done when directing a territorial authority or a group of territorial authorities.

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