Railways Act 2005 No 37 (as at 01 October 2008), Public Act

5 All practicable steps
  • (1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

    • (a) the nature and severity of the injury that may be suffered if the result is not achieved; and

    • (b) the current state of knowledge about the likelihood that an injury of that nature and severity will be suffered if the result is not achieved; and

    • (c) the current state of knowledge about injuries of that nature; and

    • (d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

    • (e) the availability and cost of each of those means.

    (2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.