103Policy defence

103 Policy defence For the purposes of any proceeding to which this Division applies, an act or omission which is in accordance with a policy— S. 103(a) amended by No. 17/2009 s. 13(3)(a). (a) determined by the relevant Minister under section 22 does not constitute a wrongful exercise or failure unless the policy is so unreasonable that no Minister in that Minister's position acting reasonably could have made that policy; (b) determined by the relevant road authority under section 39 does not constitute a wrongful exercise or failure unless the policy is so unreasonable that no road authority in that road authority's position acting reasonably could have made that policy. 1. One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management plan: see section 52. 2. Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road management plan. S. 104 inserted by No. 39/2004 s. 270(1).