New Zealand Gazette – 1971 – No. 30

Page 734

✨ Legislation and Exemptions



Division 5—Exemptions from Liability

  1. In this Division—

  • (a) references to a third party include a reference to any person who claims through a third party; and

  • (b) a reference to an act includes a reference to an omission.

110. Authority for exemption from liability

(1) A Minister may, on application in writing made to him by a person having control of a premises, exempt that person from liability under this Act in respect of the premises if he is satisfied that compliance with this Act in relation to the premises would involve an unreasonable expense or hardship in all circumstances of the case.

(2) An application under subsection (1) shall—

  • (a) specify the provisions of this Act from which the applicant seeks exemption;

  • (b) give particulars of the steps taken by the applicant to comply with those provisions;

  • (c) give reasons why the applicant should be exempted from liability under those provisions;

  • (d) set out the extent to which the public health will be prejudiced if the applicant is exempted from liability under those provisions;

  • (e) indicate whether the applicant proposes to take any alternative measures to ensure the protection of public health in relation to the premises; and

  • (f) be accompanied by such other information as the Minister may require.

(3) The Minister shall not grant an exemption under subsection (1) unless he is satisfied that—

  • (a) the applicant has taken all reasonable steps to comply with the provisions of this Act referred to in his application;

  • (b) the steps so taken and any alternative measures proposed by the applicant will be sufficient to protect the public health in relation to the premises; and

  • (c) any conditions to which the exemption may be subject will be complied with.

(4) An exemption granted under subsection (1) may be subject to such conditions as the Minister thinks fit.

(5) The Minister may at any time revoke an exemption granted under this section.

(6) The Minister shall cause to be published in the Gazette notice of the grant or revocation of an exemption under this section.

111. Effect of exemption

(1) If an exemption is granted under section 110, the person to whom the exemption is granted shall not be liable under this Act in respect of the premises to which the exemption relates to the extent specified in the exemption.

(2) An exemption granted under section 110 does not affect the operation of any other law.



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✨ LLM interpretation of page content

🏛️ Division 5: Exemptions from Liability under an Act

🏛️ Governance & Central Administration
Legislation, Exemptions, Liability, Premises, Public Health, Minister

🏛️ Authority for Exemption from Liability

🏛️ Governance & Central Administration
Minister, Exemption, Liability, Premises, Unreasonable Expense, Hardship, Public Health, Gazette Notice

🏛️ Effect of Exemption

🏛️ Governance & Central Administration
Exemption, Liability, Premises, Public Health, Other Laws