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Civil Law (Wrongs) Act 2002
110Principles about resources, responsibilities etc of public
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110 Principles about resources, responsibilities etc of public
or other authorities
The following principles apply in deciding in a proceeding whether a
public or other authority has a duty of care or has breached a duty of
care:
(a) the functions required to be exercised by the authority are
limited by the financial and other resources reasonably available
to the authority for exercising the functions;
(b) the general allocation of the resources by the authority is not
open to challenge;
(c) the functions required to be exercised by the authority are to be
decided by reference to the broad range of its activities (and not
only by reference to the matter to which the proceeding relates);
(d) the authority may rely on evidence of its compliance with the
general procedures and applicable standards for the exercise of
its functions as evidence of the proper exercise of its functions
in the matter to which the proceeding relates.