Protection from liability—police officers
225 Protection from liability—police officers
This section applies to the following—
a police officer who authorised—
a controlled activity under section 224; or
a civilian participant to engage in ancillary conduct for an authorised controlled activity under section 224A;
a police officer who is or was authorised under this chapter to engage in a controlled activity.
A police officer does not incur civil liability for an act done, or omission made, in the honest belief that it was done or omitted to be done under this chapter.
If subsection (2) prevents a civil liability attaching to the police officer, the liability attaches instead to the State.
Also, a police officer does not incur criminal liability for an act done, or omission made—
under an authority given for a controlled activity; and
in accordance with the policy or procedure about controlled activities applying to the particular controlled activity.
In addition, a police officer does not incur criminal liability for an act done, or omission made, that, because of a controlled activity, was reasonably necessary for protecting the safety of any person.
However, subsection (5) does not relieve a police officer from criminal liability for an act done or omission made if the act or omission results in—
injury to, or the death of, a person; or
serious damage to property; or
a serious loss of property.
This section does not limit the Police Service Administration Act 1990, section 10.5.
This Act’s bill:Explanatory memorandum
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