LOCAL GOVERNMENT ACT 1995 - SECT 9.56

LOCAL GOVERNMENT ACT 1995 - SECT 9.56

9.56 .         Certain persons protected from liability for wrongdoing

        (1)         A person who is —

            (a)         a member of the council, or of a committee of the council, of a local government; or

            (b)         an employee of a local government; or

            (c)         a person appointed or engaged by a local government to perform functions of a prescribed office or functions of a prescribed class,

                is a protected person for the purposes of this section.

        (2)         An action in tort does not lie against a protected person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act or under any other written law.

        (3)         The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act or under any other written law may have been capable of being done whether or not this Act or that law had been enacted.

        (4)         This section does not relieve the local government of any liability that it might have for the doing of anything by a protected person.

        (5)         In this section —

            (a)         a reference to the doing of anything includes a reference to the omission to do anything;

            (b)         a reference to the doing of anything by a protected person in the performance or purported performance of a function under any written law other than this Act is limited to a reference to the doing of anything by that person in a capacity described in subsection (1)(a), (b) or (c), as the case may be.