294 Protection of members, distribution committees, and employees

(1)

A member of the Board or of a distribution committee or subcommittee, or an employee of the Secretary, is not liable for any act or omission of the Board or distribution committee or subcommittee by reason only of being such a member or employee.

(2)

Such a member or employee is not liable to any person (other than the Board) for any act or omission by him or her, in the performance or intended performance of the Board’s or distribution committee’s or subcommittee’s functions, unless done in bad faith.

(3)

The Board is liable for any act or omission for which, but for this section, a board member, committee or subcommittee member, or employee would have been liable to a person.

(4)

The Board may indemnify a board member, committee or subcommittee member, or employee for costs incurred by him or her in a proceeding—

(a)

that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Board’s or committee’s or subcommittee’s functions; and

(b)

in which judgment is given in his or her favour, in which he or she is acquitted, or that is discontinued.

(5)

The Board may effect insurance for a board member, committee or subcommittee member, or employee in relation to—

(a)

liability (other than criminal liability) for any act or omission in the performance or intended performance of the Board’s, committee’s, or subcommittee’s functions; and

(b)

costs incurred in any proceeding relating to that liability or in any criminal proceedings.

(6)

In this section,—

(a)

references to members and employees include references to former members of the Board or of a distribution committee or subcommittee and to former employees of the Secretary:

(b)

effect insurance includes pay, whether directly or indirectly, the costs of the insurance:

(c)

indemnify includes relieve or excuse from liability whether before or after the liability arises.

Compare: 1977 No 84 s 116ZC