Part 3 s 122
(c)
122
Crown Entities Act 2004
Version as at
1 July 2024
the right of any person to apply, in accordance with the law, for judicial
review.
Indemnities in relation to excluded act or omission
A statutory entity may only indemnify a member, an office holder, or an
employee in respect of an excluded act or omission (including costs incurred in
defending or settling any claim or proceeding relating to that excluded act or
omission).
Section 122: replaced, on 18 July 2013, by section 31 of the Crown Entities Amendment Act 2013
(2013 No 51).
123
Insurance for liability of member, office holder, or employee
A statutory entity may effect insurance cover for a member, office holder, or
employee of the entity in relation to his or her acts or omissions, except an act
or omission that is—
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(a)
in bad faith:
(b)
not in the performance or intended performance of the entity’s functions.
Saving of judicial protections from liability
A Judge who is appointed as a member of a statutory entity has the same
immunities and limitations or other protections from liability when acting as a
member of that entity as he or she would have as a Judge.
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Breach of indemnity and insurance limits
(1)
A member, office holder, or employee who is indemnified or insured by a
statutory entity in breach of this Act must repay to the entity the cost of
providing or effecting that indemnity or insurance cover, to the extent that the
indemnity or insurance cover exceeds that which could have been provided or
effected under this Act.
(2)
The entity may recover the amount as a debt due in a court of competent
jurisdiction.
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Definitions for protections from liability
In sections 120 to 125,—
effect insurance includes pay, whether directly or indirectly, the costs of the
insurance
employee includes a person who was an employee at any time after the com‐
mencement of this Act but who is no longer an employee
entity’s functions includes any function that an Act confers separately on a
member, office holder, or employee of the entity
excluded act or omission means an act or omission by the member, office
holder, or employee in good faith and in performance or intended performance
of the entity’s functions
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