Motor Vehicle Sales Amendment Act 2010

1: Title
This Act is the Motor Vehicle Sales Amendment Act 2010.
2: Commencement
This Act comes into force on 1 October 2010.
3: Principal Act amended
This Act amends the Motor Vehicle Sales Act 2003 2010-10-01 Motor Vehicle Sales Act 2003
1: Amendments to principal Act
4: Interpretation
Section 6(1) licensed car wrecker Secondhand Dealers and Pawnbrokers Act 2004 .
5: Meaning of motor vehicle trader
Section 7(b)(i)
6: Who is not treated as motor vehicle trader
1: Section 9(1)
ea: a car market operator; or .
2: Section 9(1)
f: a licensed car wrecker; or .
3: Section 9(2) who is not a car market operator
7: New section 14 substituted
Section 14
14: Particulars about used motor vehicle must be displayed
1: A motor vehicle trader who offers or displays a used motor vehicle for sale, or causes or permits a used motor vehicle to be offered or displayed for sale, must ensure that a notice containing the particulars set out in section 15(1) is attached to the vehicle in a prominent position.
1A: If a motor vehicle is offered or displayed for sale by a motor vehicle trader through a car market operator's facility (as referred to in paragraph (a)(ii) of the definition of car market operator in section 6(1)), the motor vehicle trader complies with the obligation in subsection (1)
a: the place where the motor vehicle is offered or displayed for sale; and
b: the place through which, or by means of which, the contract for sale may be completed.
2: A car market operator must take reasonable steps to ensure that a motor vehicle trader offering or displaying a used motor vehicle for sale through the car market operator complies with the motor vehicle trader's obligation in subsection (1)
3: Subsections (1) and (2)
a: by a motor vehicle trader registered under this Act; and
b: exclusively to other motor vehicle traders registered under this Act, or to licensed car wreckers, or to both.
8: Written acknowledgement that buyer has received copy of notice must be obtained
Section 16
3: Subsection (2) does not apply if the sale of the used motor vehicle is to—
a: a motor vehicle trader registered under this Act; or
b: a licensed car wrecker.
9: Renewal of registration
Section 39
1A: The application for renewal must—
a: set out (with any necessary modifications) all the information specified in section 32(1) and (2)(a); and
b: be accompanied by the prescribed fee (which is the same as the fee for registration under section 31(2)(b), unless a separate fee is prescribed); and
c: be accompanied by the levy imposed under section 143 (if any); and
d: include a certificate that confirms the matters identified in subsection (1B)
i: if the application is made by an individual, that person; or
ii: if the application is made by a company, any person concerned in the management of the company.
1B: The certificate to be included in the application must confirm—
a: that the applicant or, in the case of an applicant that is a company, every person concerned in the management of the company is not disqualified from registration as a motor vehicle trader in his or her own right; and
b: that the contents of the application are true and accurate.
1C: The application for renewal may be accompanied by a statutory declaration of the kind referred to in section 40A(3)(b) section 40A(4)
2: Sections 33 to 38 apply to an application for renewal of registration as if the application were an application for registration, except that—
a: an application for renewal is properly completed if it complies with subsections (1A) and (1B) of this section
b: if the Registrar accepts the application, he or she must provide the applicant with written notice of the date on which the renewal of registration takes effect, instead of providing the things listed in section 36(b).
10: New heading inserted
The following heading is inserted above section 40 Obligation to notify Registrar of changes .
11: Obligation to notify Registrar of change in circumstances
Section 40(2)(a)(i) sections 31 and 32 section 31, 32, or 39
12: New section 40A inserted
The following section is inserted after section 40
40A: Obligation to notify Registrar if new person concerned in management of company
1: This section applies if—
a: a person becomes concerned in the management of a company that is registered under this Act as a motor vehicle trader; and
b: the person was not concerned in the management of the company at the time the company last applied for registration or renewal of registration under this Act.
2: Within 30 working days of the person becoming concerned in the management of the company, the motor vehicle trader must notify the Registrar that a new person has become concerned in the management of the company.
3: The notification must be in writing and must—
a: set out the full name, residential address, date of birth, and occupation of the new person; and
b: include a statutory declaration by the new person that states that he or she is not disqualified from registration as a motor vehicle trader in his or her own right; and
c: include the prescribed fee (if any) for notification under this section.
4: If the new person ordinarily spends fewer than 300 days each calendar year in New Zealand, the notification need not include the statutory declaration required by subsection (3)(b)
5: The option referred to in subsection (4) subsection (3)(b)
13: When Registrar must cancel registration
Section 42
1B: The Registrar must cancel the registration of a motor vehicle trader that is a company if the Registrar is satisfied that any person concerned in the management of the company is disqualified from registration under this Act.
14: Persons banned from participating in business of motor vehicle trading
1: Section 68(1)(a)
vi: making a false statutory declaration, giving a false certificate, or providing false or misleading information, as set out in section 107:
vii: failing to notify the Registrar when a new person becomes concerned in the management of a company, as set out in section 108A .
2: Section 68(1)(c) is amended by omitting a person who, while registered as a motor vehicle trader under this Act,— a motor vehicle trader, or a person who has at any time within the previous 5 years been a motor vehicle trader, who—
15: Adjudicator to submit annual report
1: Section 87(1) within 3 months after 30 June in each year
2: Section 87
3: Within 28 days of receiving an adjudicator's annual report, the Minister—
a: must make it available, free of charge, on an Internet site that is publicly accessible at all reasonable times; and
b: may also make it publicly available in whatever other ways he or she considers appropriate.
16: Jurisdiction of Disputes Tribunal
1: Section 89(1)(a)
iii: the Consumer Guarantees Act 1993:
iv: the Contractual Remedies Act 1979; and .
2: Section 89(1)(b)
iii: in the case of proceedings under the Consumer Guarantees Act 1993, section 39 or 47 of that Act; or
iv: in the case of proceedings under the Contractual Remedies Act 1979, section 9 of that Act.
17: Limits on jurisdiction of Disputes Tribunals
Section 90(1)(b) $50,000 $100,000
18: New heading and section 94 substituted
The heading above section 94 Notice of decisions
94: Decisions to be publicly available
1: Every decision of the Disputes Tribunal on an application or claim must be made publicly available as soon as practicable after the last date on which any appeal against the decision may be lodged.
2: The ways in which decisions are made publicly available must include making a copy of the decision available, free of charge, on an Internet site that is publicly accessible at all reasonable times.
3: If a decision is appealed, a statement to the effect that the decision has been appealed must be included with the copy of the decision that is made publicly available.
19: Failure to take reasonable steps to ensure compliance with section 14(2) an offence
1: The heading to section 102 to take reasonable steps to ensure compliance by car market operator to comply
2: Section 102
1: A car market operator commits an offence if the car market operator, contrary to section 14(2)
20: New heading and section 107 substituted
The heading above section 107 Offences relating to registration and notification to Registrar
107: Offence of providing false declarations, etc
1: A person commits an offence if the person—
a: makes a false statutory declaration or certificate under any of sections 31, 32, or 40A
b: gives a false certificate in an application under section 39 for renewal of registration, knowing it to be false; or
c: for the purpose of applying for registration or renewal of registration, or of notifying the Registrar of changes under section 40 or 40A
2: The penalty on conviction for an offence against this section is set out in section 118.
21: New section 108A inserted
The following section is inserted after section 108
108A: Offence to fail to notify Registrar when new person concerned in management of company
1: A motor vehicle trader that is a company and is registered under this Act commits an offence if the motor vehicle trader fails, without reasonable excuse, to notify the Registrar that a new person has become concerned in the management of the company, as required by section 40A
2: The penalty on conviction for an offence against this section is set out in section 116.
22: Penalties for infringement offences
1: Section 116(2)(a) consumer motor vehicle trader
2: Section 116(2)
fa: section 108A .
23: Penalties for other offences
Section 118(2)
f: section 107
24: Schedule 1 amended
1: Clause 7(1) join the person as a party and he or she may
2: Clause 7(2) is amended by inserting the following paragraph before paragraph (a):
aa: a statement that the person is joined as a party to the proceedings, and a statement that costs may be awarded against the person, as a party, if he or she fails to attend the hearing: .
3: Clause 7
4: A person who is joined as a party under this clause is not to be treated as a party for the purposes of section 90(1)(a).
4: Clause 14(1)
b: any party, after receiving notice of a hearing, fails to attend the hearing without good cause.
5: Clause 14(2)(a) all, or any part of, to the Crown
6: Clause 14(2)(b) all, or any part of, to another party
7: Clause 15(1) Either Any
2: Consequential amendments
25: Consequential amendments to regulations
The Consumer Information Standards (Used Motor Vehicles) Regulations 2008 Schedule 2010-10-01 Consumer Information Standards (Used Motor Vehicles) Regulations 2008


1: Title
This Act is the Privacy (Cross-border Information) Amendment Act 2010
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: remove the current restrictions on who may make an information privacy request; and
b: enable public sector agencies to charge for making personal information available to overseas foreign nationals; and
c: provide for the referral of cross-border complaints to the appropriate privacy enforcement authority; and
d: establish a mechanism for controlling the transfer of information outside New Zealand where the information has been routed through New Zealand to circumvent the privacy laws of the country from where the information originated.
1: Amendments to Privacy Act 1993
4: Principal Act amended
This Part amends the Privacy Act 1993 2010-09-08 Privacy Act 1993
5: New section 34 substituted
Section 34
34: Individuals may make information privacy requests
An information privacy request may be made only by an individual.
6: Commissioner may authorise public sector agency to charge
1: Section 36
1A: The Commissioner may authorise a public sector agency to impose a charge in respect of the matter referred to in section 35(1)(e) if the information privacy request is received from, or on behalf of, an individual who—
a: is residing outside New Zealand; and
b: is not a New Zealand citizen or a permanent resident of New Zealand.
2: Section 36(2) or (1A) subsection (1)
3: Section 36(3) or (1A) subsection (1)
7: New section 72C inserted
The following section is inserted after section 72B
72C: Referral of complaint to overseas privacy enforcement authority
1: Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority, the Commissioner may consult with that authority in order to determine the appropriate means of dealing with the complaint.
2: As soon as practicable after consulting with the overseas privacy enforcement authority under subsection (1)
3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority, and both the authority and the complainant agree, the Commissioner may refer the complaint or, as the case requires, the appropriate part of the complaint, to the authority to be dealt with.
4: In this section, overseas privacy enforcement authority authority
8: New Part 11A inserted
The following Part is inserted after section 114
11A: Transfer of personal information outside
114A: Interpretation
In this Part, unless the context otherwise requires,— OECD Guidelines State transfer prohibition notice section 114B
114B: Prohibition on transfer of personal information outside New Zealand
1: The Commissioner may prohibit a transfer of personal information from New Zealand to another State if the Commissioner is satisfied, on reasonable grounds, that—
a: the information has been, or will be, received in New Zealand from another State and is likely to be transferred to a third State where it will not be subject to a law providing comparable safeguards to this Act; and
b: the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines and set out in Schedule 5A
2: In determining whether to prohibit a transfer of personal information, the Commissioner must also consider, in addition to the matters set out in subsection (1)
a: whether the transfer affects, or would be likely to affect, any individual; and
b: the general desirability of facilitating the free flow of information between New Zealand and other States; and
c: any existing or developing international guidelines relevant to transborder data flows, including (but not limited to)—
i: the OECD Guidelines:
ii: the European Union Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.
3: Subsection (1)
a: required or authorised by or under any enactment; or
b: required by any convention or other instrument imposing international obligations on New Zealand.
114C: Commissioner's power to obtain information
1: To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner may hear or obtain information from such persons as the Commissioner considers necessary, and for this purpose Part 9 applies as if the Commissioner were carrying out an inquiry under section 13(1)(m).
2: In exercising his or her powers under subsection (1)
114D: Transfer prohibition notice
1: A prohibition under section 114B(1)
2: A transfer prohibition notice must—
a: state the name of the agency to whom it relates; and
b: describe the personal information concerned; and
c: state that the transfer of the personal information concerned from New Zealand to a specified State is prohibited either—
i: absolutely; or
ii: until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the transfer; and
d: state the time when the notice takes effect; and
e: state the ground for the prohibition; and
f: state that the agency on whom the notice is served may lodge an appeal against the notice to the Human Rights Review Tribunal, and the time within which the appeal must be lodged.
3: The time when the notice takes effect under subsection (2)(d)
4: If an appeal is brought, the notice does not take effect pending the determination or withdrawal of the appeal.
5: If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,—
a: subsections (3) and (4)
b: the notice takes effect on the sixth working day after the date on which the notice is served; and
c: the notice must include—
i: a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and
ii: a statement of the reasons why the Commissioner has reached that conclusion. Data Protection Act 1988 s 11 (Ire)
114E: Commissioner may vary or cancel notice
1: If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned.
2: An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 114G(1)(a) subsection (1)
3: The Commissioner must, within 20 working days after the date on which an application under subsection (2)
a: his or her decision; and
b: his or her reasons, if the application is refused.
4: If the Commissioner exercises his or her discretion under subsection (1) Data Protection Act 1998 s 41 (UK)
114F: Offence in relation to transfer prohibition notice
Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
114G: Appeals against transfer prohibition notice
1: An agency on whom a transfer prohibition notice is served may appeal to the Human Rights Review Tribunal—
a: against the whole or any part of the notice; or
b: if the notice contains a statement by the Commissioner in accordance with section 114D(5)(c)
c: against the decision of the Commissioner to vary the notice in accordance with section 114E(1)
d: against the refusal of an application under section 114E(2)
2: An appeal under subsection (1)
a: in the case of an appeal under subsection (1)(a) or (b)
b: in the case of an appeal under subsection (1)(c) or (d)
3: The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that—
a: the decision or notice against which the appeal is brought is not in accordance with the law; or
b: to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised his or her discretion differently.
4: The Tribunal may review any determination of fact on which the decision or notice in question was based.
5: On any appeal under subsection (1)(b)
a: direct—
i: that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or
ii: that the inclusion of the statement must not have effect in relation to any part of the notice; and
b: make any modifications required to give effect to that direction. Data Protection Act 1998 ss 48, 49 (UK)
114H: Application of Human Rights Act 1993
Section 87 and Part 4 of the Human Rights Act 1993 apply, with all necessary modifications (if any), in relation to proceedings under section 114G
9: New section 128A inserted
The following section is inserted after section 128
128A: Power to amend Schedule 5A
The Governor-General may, by Order in Council,—
a: amend Schedule 5A
b: repeal Schedule 5A
10: New Schedule 5A inserted
The Schedule 5A Schedule
2: Consequential amendment to Adoption (Intercountry) Act 1997
11: Principal Act amended
This Part amends the Adoption (Intercountry) Act 1997 2010-09-08 Adoption (Intercountry) Act 1997
12: Access to information
Section 13(3)


1: Title
This Act is the Canterbury Earthquake Response and Recovery Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: facilitate the response to the Canterbury earthquake:
b: provide adequate statutory power to assist with the response to the Canterbury earthquake:
c: enable the relaxation or suspension of provisions in enactments that—
i: may divert resources away from the effort to—
A: efficiently respond to the damage caused by the Canterbury earthquake:
B: minimise further damage; or
ii: may not be reasonably capable of being complied with, or complied with fully, owing to the circumstances resulting from the Canterbury earthquake:
d: facilitate the gathering of information about any structure or any infrastructure affected by the Canterbury earthquake that is relevant to understanding how to minimise the damage caused by future earthquakes:
e: provide protection from liability for certain acts or omissions.
4: Interpretation
1: In this Act, unless the context otherwise requires,— appointed commissioner section 9(d) 13 Canterbury earthquake enactment section 29 Environment Canterbury commissioner section 10 15 Minister modify recovery commission section 9 regional council section 5(1) relevant Minister
a: in relation to an enactment other than this Act, means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of the enactment:
b: in relation to a bylaw or rule made by a territorial authority or regional council, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of the Local Government Act 2002 responsible Ministers
a: the Minister for the Environment; and
b: the Minister of Finance; and
c: the Minister for Canterbury Earthquake Recovery territorial authority section 5(1)
2: For the purposes of this Act, the Minister responsible for the administration of an enactment that is or forms part of subordinate legislation is the Minister responsible for the administration of the enactment under whose authority the legislation was made.
5: Act binds the Crown
This Act binds the Crown.
2: Response and recovery provisions
6: Governor-General may make Orders in Council for purpose of Act
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the relevant Minister, make any provision reasonably necessary or expedient for the purpose of this Act.
2: In making a recommendation under subsection (1)
a: take into account the purpose of this Act; and
b: consult the recovery commission (if any) if practicable; and
c: have regard to the recommendations of the recovery commission (if any).
3: The recommendation of the relevant Minister may not be challenged, reviewed, quashed, or called into question in any court.
4: An Order in Council made under subsection (1)
a: the Building Act 2004
b: the Cadastral Survey Act 2002
c: the Commerce Act 1986
d: the Earthquake Commission Act 1993
e: the Health Act 1956
f: the Health and Disability Services (Safety) Act 2001
g: the Historic Places Act 1993
h: the Land Transport Act 1998
i: the Land Transport Management Act 2003
j: the Local Government Act 1974
k: the Local Government Act 2002
l: the Local Government Official Information and Meetings Act 1987
m: the Local Government (Rating) Act 2002
n: the Public Works Act 1981
o: the Rating Valuations Act 1998
p: the Reserves Act 1977
q: the Resource Management Act 1991
r: the Road User Charges Act 1977
s: the Social Security Act 1964
t: the Soil Conservation and Rivers Control Act 1941
u: the Transport Act 1962
v: the Waste Minimisation Act 2008
5: An exemption from, or modification of, or extension of a provision—
a: may be absolute or subject to conditions; and
b: may be made—
i: by stating alternative means of complying with the provision; or
ii: by substituting a discretionary power for the provision.
6: Despite subsections (1) and (4)
a: an exemption from or a modification of a requirement to—
i: release a person from custody or detention; or
ii: have any person’s detention reviewed by a court, Judge, or Registrar; or
b: an exemption from or a modification of a restriction on keeping a person in custody or detention; or
c: an exemption from or a modification of a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicature Amendment Act 1972 New Zealand Bill of Rights Act 1990
d: an amendment to this section, or section 7 17 21
7: Subsections (4) and (5) subsection (1)
7: Further provisions about Orders in Council
1: While it remains in force, every Order in Council made under section 6
2: An Order in Council made under section 6
3: An Order in Council made under section 6
4: An Order in Council made under section 6 subsection (2)
5: No Order in Council made under section 6
a: it is, or authorises any act or omission that is, repugnant to or inconsistent with any other Act; or
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
6: Subsection (5) section 6(6)
8: Regulations (Disallowance) Act 1989 applies
Despite section 7(1) Regulations (Disallowance) Act 1989 section 6
9: Establishment of recovery commission
1: A recovery commission to be called the Canterbury Earthquake Recovery Commission is established, and consists of the following 7 commissioners:
a: the mayor of the Christchurch City Council; and
b: the mayor of the Selwyn District Council; and
c: the mayor of the Waimakariri District Council; and
d: 4 appointed persons with the relevant expertise or appropriate skills, 1 of whom must be an Environment Canterbury commissioner or, if there is no such commissioner, the chairperson of the Canterbury Regional Council.
2: The Canterbury Earthquake Recovery Commission is an organisation for the purposes of Schedule 1
10: Functions of recovery commission
The functions of the recovery commission are to—
a: provide advice, on request or on its own initiative, to—
i: the relevant Minister in relation to Orders in Council that may be required for the purpose of this Act; and
ii: the responsible Ministers in relation to how resources may be prioritised and funding allocated for the response to the Canterbury earthquake; and
b: provide a central contact point between central and local government in the management of the response to the Canterbury earthquake.
11: Appointment of commissioners
1: The responsible Ministers must, by giving written notice of appointment, appoint the persons referred to in section 9(d)
2: The written notice of appointment must—
a: state the date on which the appointment takes effect; and
b: state the term of the appointment.
3: The first appointment of a person as a commissioner takes effect on the date specified in the written notice of appointment given to that person.
4: As soon as practicable, the Minister must notify the appointment in the Gazette 2010 No 12 ss 10–12
12: Terms of reference for commissioners
1: The responsible Ministers must provide the commissioners with written terms of reference, which must—
a: specify the secretariat services to be provided; and
b: be consistent with the purpose of this Act.
2: The responsible Ministers—
a: may at any time amend the terms of reference for the commissioners; and
b: must, as soon as practicable after the amendment, notify the commissioners of the amended terms of reference.
3: The Minister must publish the terms of reference and any amended terms of reference in the Gazette 2010 No 12 s 13
13: Subsequent appointments
1: The responsible Ministers may appoint a commissioner to replace an appointed commissioner who vacates office.
2: Section 11 2010 No 12 s 15
14: Appointment of chairperson and deputy chairperson
1: The responsible Ministers must appoint one of the appointed commissioners (other than the Environment Canterbury commissioner or the chairperson of the Canterbury Regional Council, as the case may be) to be the chairperson of the recovery commission.
2: The responsible Ministers must appoint one of the appointed commissioners to be the deputy chairperson of the recovery commission.
3: The responsible Ministers must make each appointment by giving the person appointed a written notice of appointment.
4: As soon as practicable, the Minister must notify the appointment in the Gazette
5: The responsible Ministers may terminate the appointment of a commissioner as chairperson or deputy chairperson by written notice to that person. 2010 No 12 s 16
15: Term of office of appointed commissioners
1: The term of office of an appointed commissioner ends when the commissioner vacates office or on a date no later than 1 April 2012, whichever occurs first.
2: An appointed commissioner vacates office if he or she—
a: is removed by written notice given by the responsible Ministers; or
b: resigns by written notice given to the responsible Ministers.
3: The responsible Ministers may in their complete discretion remove an appointed commissioner by written notice at any time.
4: As soon as practicable, the Minister must notify the removal or resignation of an appointed commissioner in the Gazette 2010 No 12 s 17
16: Appointed commissioners' remuneration and expenses
1: An appointed commissioner is entitled to be paid—
a: remuneration by way of salary, fees, and allowances at a rate determined by the responsible Ministers; and
b: travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
2: However, a person appointed under section 9(d) 13
a: an Environment Canterbury commissioner or the chairperson of the Canterbury Regional Council (as the case may be); or
b: a chief executive or employee of a department listed in Schedule 1 2010 No 12 s 18
17: When sections 6 to 16 cease to apply
Sections 6 to 16
a: a date specified by the Governor-General by Order in Council made on the recommendation of the responsible Ministers; or
b: the close of 1 April 2012.
18: Exclusion of commissioners' liability
A commissioner is not liable for any act done or omitted to be done by him or her in good faith in the performance or intended performance of his or her functions, responsibilities, or duties as a commissioner, or in the exercise or intended exercise of his or her powers as a commissioner.
19: Protection from liability
1: This section applies to any person—
a: who does or omits to do anything, if the act or omission is authorised by, or is made lawful by virtue of, an Order in Council made under section 6
b: whose functions, responsibilities, duties, or powers are authorised, exempted, modified, or extended by, or are made lawful by virtue of, an Order in Council made under section 6
2: In respect of the period beginning 4 September 2010 and ending with the expiry of this Act, a person to whom this section applies is not liable for any act done or omitted to be done by that person in good faith—
a: in doing or omitting to do anything that is authorised or lawful by virtue of an Order in Council made under section 6
b: in the performance or intended performance of his or her functions, responsibilities, or duties, or in the exercise or intended exercise of his or her powers in relation to—
i: any function, responsibility, duty, or power conferred or imposed by an Order in Council made under section 6
ii: any enactment affected by an Order in Council made under section 6
20: Act does not create right to compensation
Nothing in this Act confers any right to compensation or is to be relied on in any proceedings as a basis for any claim to compensation.
21: Expiry and revocation
This Act expires, and any Order in Council made under section 6 sections 6 to 16 2012-04-02 Canterbury Earthquake Response and Recovery Act 2010