44When public or other authority not liable for failure to exercise regulatory functions

#### 44 When public or other authority not liable for failure to exercise regulatory functions 44 When public or other authority not liable for failure to exercise regulatory functions > > (1) A public or other authority is not liable in proceedings for civil liability to which this Part applies to the extent that the liability is based on the failure of the authority to exercise or to consider exercising any function of the authority to prohibit or regulate an activity if the authority could not have been required to exercise the function in proceedings instituted by the plaintiff. > > > (2) Without limiting what constitutes a function to regulate an activity for the purposes of this section, a function to issue a licence, permit or other authority in respect of an activity, or to register or otherwise authorise a person in connection with an activity, constitutes a function to regulate the activity. > > **s 44:** Ins 2002 No 92, Sch 1 \[5\]. Am 2003 No 94, Sch 3 \[2\] \[4\].