sec.46Effect of intoxication on duty and standard of care

### sec.46 Effect of intoxication on duty and standard of care The following principles apply in relation to the effect that a person’s intoxication has on the duty and standard of care that the person is owed— in deciding whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated; a person is not owed a duty of care merely because the person is intoxicated; the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person. Subsection (1) does not affect a liability arising out of conduct happening on licensed premises. In this section— licensed premises see the Liquor Act 1992 , section 4 . (sec.46-ssec.1) The following principles apply in relation to the effect that a person’s intoxication has on the duty and standard of care that the person is owed— in deciding whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated; a person is not owed a duty of care merely because the person is intoxicated; the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person. (sec.46-ssec.2) Subsection (1) does not affect a liability arising out of conduct happening on licensed premises. (sec.46-ssec.3) In this section— licensed premises see the Liquor Act 1992 , section 4 . - (a) in deciding whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated; - (b) a person is not owed a duty of care merely because the person is intoxicated; - (c) the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person.