Water Act 2000

This section applies to a person who is—

an officer or employee of a water authority; or

an employee of a government entity who performs work for a water authority under a work performance arrangement between the water authority and the government entity.

Subsection (3) applies if, in a proceeding against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the government entity, it appears to the court that—

the person is or may be liable for the negligence, default or breach; but

the person has acted honestly and, having regard to all the circumstances of the case, including circumstances connected with the person’s appointment, the person ought fairly to be excused for the negligence, default or breach.

The court may relieve the person, wholly or partly, from liability on terms the court considers appropriate.

If the person believes that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the government entity, the person may apply to the Supreme Court or the District Court for relief.

The court has the same power to relieve the person as it would have if a proceeding had been brought against the person in the court for the negligence, default or breach.

Subsection (7) applies if—

a proceeding mentioned in subsection (2) is being tried by a judge with a jury; and

the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, wholly or partly, from the liability sought to be enforced against the person.

The judge may withdraw the case, wholly or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, that the judge considers appropriate.