52No civil liability for acts in self-defence

#### 52 No civil liability for acts in self-defence 52 No civil liability for acts in self-defence > > (1) A person does not incur a liability to which this Part applies arising from any conduct of the person carried out in self-defence, but only if the conduct to which the person was responding— > > > > > (a) was unlawful, or > > > > > (b) would have been unlawful if the other person carrying out the conduct to which the person responds had not had a mental health impairment or a cognitive impairment at the time of the conduct. > > > (2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary— > > > > > (a) to defend himself or herself or another person, or > > > > > (b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or > > > > > (c) to protect property from unlawful taking, destruction, damage or interference, or > > > > > (d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, > > > > and the conduct is a reasonable response in the circumstances as he or she perceives them. > > > (3) This section does not apply if the person uses force that involves the intentional or reckless infliction of death only— > > > > > (a) to protect property, or > > > > > (b) to prevent criminal trespass or to remove a person committing criminal trespass. > > **s 52:** Ins 2002 No 92, Sch 1 \[5\]. Am 2003 No 94, Sch 1 \[3\]; 2020 No 12, Sch 3.4A\[4\] (am 2020 No 26, Sch 1.12\[1\]).