New Zealand Legislation: Acts

18F Protection of Crown

• (1) Any person who,—

  • (a) Pursuant to this Act, examines or renders ineffective any net, line, pot, gear, tackle, or device which the person has reasonable cause to believe has been set for the purpose of taking marine life in contravention of this Act or any regulations made under this Act, or of any conditions of any permit, authority, or licence issued in respect of the taking; or

  • (b) Does any act under this Act, or any regulations made under this Act, or omits to do any act required by this Act or by any regulations made under this Act,—

  shall not be under any civil or criminal liability as a result of that act or omission on the ground of want of jurisdiction or mistake of law or fact, or any other ground, unless he or she has acted in bad faith or without reasonable cause.

  (2) The Crown shall not be held directly or indirectly liable for any such act or omission of any such person, unless the person himself or herself would incur liability for the act or omission.

  Sections 18A to 18J were inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).