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Civil Law (Wrongs) Act 2002
112When public or other authority not liable for failure to
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112 When public or other authority not liable for failure to
exercise regulatory functions
(1) A public or other authority is not liable in a proceeding so far as the
claim in the proceeding is based on the failure of the authority to
exercise, or to consider exercising, a function of the authority to
prohibit or regulate an activity if the authority could not have been
required to exercise the function in a proceeding begun by the
claimant.
(2) Without limiting what is a function to regulate an activity for this
section, a function to issue a licence, permit or other authority in
relation to an activity, or to register or otherwise authorise a person
in relation to an activity, is a function to regulate the activity.