Civil liability of person for helping inspector
259 Civil liability of person for helping inspector
This section applies if—
a person is acting under the direction of an inspector; or
an inspector asks a person to help the inspector to exercise a power under this Act and the person is giving the inspector the help.
The person does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with acting under the direction or giving the help.
If subsection (2) prevents liability attaching to a person, the liability attaches instead to the State.
If liability attaches to the State under subsection (3), the State may recover contribution from the person but only if the conduct was engaged in—
other than in good faith; and
with gross negligence.
This section does not apply to a person who is a prescribed person under the Public Sector Act 2022, section 267 engaging in conduct in an official capacity under section 269 of that Act.
Note—For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see the Public Sector Act 2022, section 269.
In this section—civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.conduct means an act or an omission to perform an act.
This provision refers to the regulations (prescribed person
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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