59Protection for exercise of certain functions during winding up period

#### 59 Protection for exercise of certain functions during winding up period 59 Protection for exercise of certain functions during winding up period > > (1) This section applies to any function (a protected function) conferred or imposed on any of the following persons (a protected person) by or under a provision of this Part— > > > > > (a) the SPF trustee, > > > > > (b) the Minister (including a delegate of the Minister), > > > > > (c) an authorised applicant. > > > (2) Except as provided by this section, the exercise by a protected person of any protected function may not be— > > > > > (a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or > > > > > (b) restrained, removed or otherwise affected by any proceedings. > > > (3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Part or the rules of natural justice (procedural fairness). > > > (4) Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function. > > > (5) However, nothing in this section prevents— > > > > > (a) any person (including a payable claimant) who is expressly authorised or permitted by a provision of this Part to bring proceedings (whether under this Part or otherwise) against a protected person from— > > > > > > > (i) bringing such proceedings, or > > > > > > > (ii) being granted such relief in those proceedings as may be authorised or permitted by this Part, or > > > > > (b) any party to the Final Funding Agreement or a Related Agreement from bringing proceedings, or being granted relief, in respect of any of the following— > > > > > > > (i) any civil liability incurred by another party to the Agreement or other person where that liability arises under or in relation to the Agreement, > > > > > > > (ii) a failure or refusal by another party to the Agreement to carry out a function conferred or imposed on that party under the Agreement, or > > > > > (c) any party to a relevant loan facility agreement from bringing proceedings, or being granted relief, in respect of any of the following— > > > > > > > (i) any civil liability incurred by another party to the agreement or other person where that liability arises under or in relation to the agreement, > > > > > > > (ii) a failure or refusal by another party to the agreement to carry out a function conferred or imposed on that party under the agreement. > > > (6) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten). > > > (7) In this section— > > > > exercise of functions includes— > > > > > (a) the purported exercise of functions, and > > > > > (b) the non-exercise or improper exercise of functions, and > > > > > (c) the proposed, apprehended or threatened exercise of functions. > > > > proceedings includes— > > > > > (a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and > > > > > (b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052). > > **s 59:** Am 2009 No 116, Sch 1 \[19\].