Section 394 — Children, Young Persons, and Their Families Act 1989: Limitation on tortious liability of chief executive and other persons having care of child or young person

394 Limitation on tortious liability of chief executive and other persons having care of child or young person (1) Subject to subsections (2) and (3) of this section, no liability in tort shall attach to— (a) The chief executive, or any employee of the Department; or (b) Any Iwi Social Service or Cultural Social Service or Child and Family Support Service, or any member or employee of any such Social Service or Support Service; or (c) Any person or organisation in whose charge a child or young person is placed pursuant to section 362 of this Act, or any member or employee of any such person or organisation,—

in respect of an act or omission on the part of a child or young person to whom this section applies. (2) Nothing in subsection (1) of this section applies if the act or omission— (a) Occurs while the child or young person is acting as the employee or agent of any person, organisation, Social Service, or Support Service referred to in any of paragraphs (a) to (c) of subsection (1) of this section, or of any member or employee of any such person, organisation, Social Service, or Support Service; and (b) Is within the scope of the child's or young person's employment or authority as such. (3) Nothing in subsection (1) of this section exempts any person or organisation referred to in paragraph (c) of that subsection from any liability in tort for any loss resulting from the use, care, or control of a motor vehicle, if that motor vehicle is in the possession or under the control of a child or young person with the authority of that person or organisation. (4) In subsection (3) of this section, the term motor vehicle has the same meaning as in the Land Transport Act 1998 . Compare: 1974 No 72 s 51 Section 394 was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (1)(a) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (4) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ the Land Transport Act 1998 ” for “ the Transport Act 1962 ” .