46Exercise of function or decision to exercise does not create duty

#### 46 Exercise of function or decision to exercise does not create duty 46 Exercise of function or decision to exercise does not create duty > In proceedings to which this Part applies, the fact that a public or other authority exercises or decides to exercise a function does not of itself indicate that the authority is under a duty to exercise the function or that the function should be exercised in particular circumstances or in a particular way. > > **s 46:** Ins 2002 No 92, Sch 1 \[5\].