82Care and diligence—civil obligation only

#### 82 Care and diligence—civil obligation only 82 Care and diligence—civil obligation only > > (1) Care and diligence—operator members An operator member must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if the person— > > > > > (a) were an operator member in the Crown cemetery trust’s circumstances, and > > > > > (b) occupied the office held by, and had the same responsibilities as, the operator member. > > > > Maximum civil penalty: $27,500. > > > (2) Business judgment rule An operator member who makes a business judgment is taken to meet the requirements of subsection (1), and the member’s equivalent duties at common law and in equity in respect of the judgment, if the member— > > > > > (a) makes the judgment in good faith for a proper purpose, and > > > > > (b) does not have a material personal interest in the subject matter of the judgment, and > > > > > (c) informs themselves about the subject matter of the judgment to the extent that the member reasonably believes to be appropriate, and > > > > > (d) rationally believes that the judgment is in the best interests of the Crown cemetery trust. > > > (3) The operator member’s belief that the judgment is in the best interests of the Crown cemetery trust is a rational one unless the belief is one that no reasonable person in the member’s position would hold. > > > > Note. > > > > This subsection only operates in relation to duties under this section and the equivalent duties at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws. > > > (4) In this section— > > > > business judgment means any decision to take or not take action in respect of a matter relevant to the business operations of the Crown cemetery trust. > > **ss 82–84:** Am 2017 No 17, Sch 2.2 \[15\].