27Exoneration from liability

#### 27 Exoneration from liability 27 Exoneration from liability > > (1) No matter or thing done or omitted to be done by: > > > > > (a), (b) (Repealed) > > > > > (c) a mediator, or > > > > > (d) the Director or a member of the staff of a Community Justice Centre, > > > > shall, if the matter or thing was done in good faith for the purpose of executing this Act, subject any of them to any action, liability, claim or demand. > > > (2) A member of the police force, or any other officer or person, is not liable to be proceeded against in respect of: > > > > > (a) failure to charge a person with a crime or offence or to initiate or proceed with proceedings for a crime or offence, or any similar failure, > > > > > (b) the arrest of a person followed by such a failure, or > > > > > (c) failure to offer evidence at the hearing of a charge referred to in paragraph (a), > > > > if the member of the police force or other officer or person satisfies the court that the failure was reasonable: > > > > > (d) by reason of the reference of the dispute to which the alleged crime or offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred, and > > > > > (e) in all the circumstances of the case. > > > (3) Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time. > > > (4) No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a member or of the Director, and anything done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if it had been done or omitted to be done by that member or the Director. > > > (5) In subsection (2), a reference to a crime or offence does not include a reference to a domestic violence offence within the meaning of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > **s 27:** Am 1992 No 111, Sch 1; 2006 No 73, Sch 3.6; 2007 No 70, Sch 1 \[24\]–\[26\]; 2007 No 80, Sch 2.6.