39Liability of occupiers of recreation vehicle areas

39 Liability of occupiers of recreation vehicle areas

39 Liability of occupiers of recreation vehicle areas

(1) The occupier of a recreation vehicle area is not liable to any person in respect of loss or damage of any kind suffered by that person or any other person as a consequence of an accident involving a motor vehicle being driven in that recreation vehicle area, whether the accident occurs—

(a) as a consequence of some act or omission of the occupier in relation to the area or any building, structure or work situated in the area, or

(b) otherwise in circumstances that would, but for this section, render the occupier liable in respect of any such loss or damage.

(2) This section does not operate so as—

(a) to affect the liability of the occupier of a recreation vehicle area to any person in respect of loss or damage suffered by an authorised officer in the exercise, in good faith, of the functions conferred or imposed on the officer by or under this Act, or

(b) to exonerate such an occupier from liability for loss or damage suffered by any person as a consequence of any act or omission of the occupier that is—

(i) wilful and malicious, or

(ii) done or omitted with reckless indifference to the safety of persons resorting to or using the area or of the public.

s 39: Subst 1988 No 15, Sch 1 (9).