Liability of Public Authority for harm arising after being made aware of a particular risk

Part 5 of Civil Liability Amendment (Personal Responsibility) Bill 2002 ostensibly concerns the civil liability of public or other authorities, including the Crown, government departments, public health organisations, local councils, as well as organisers of recreational activities. 

When determining whether an authority ought to have exercised a function, the courts must take into account the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions.

The below extract of section 45 deals specifically with liability claims against road authorities.  A road authority is not liable for harm arising from the failure to carry out roadwork, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm:

"45      Special non-feasance protection for roads authorities

           (1)    A roads authority is not liable in proceedings to which this Part applies for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm.

 

  (2)    This section does not operate:

        (a)      to create a duty of care in respect of a risk merely because a roads authority has actual knowledge of the risk, or

        (b)      to affect any standard of care that would otherwise be applicable in respect of a risk.

           (3)    In this section:
carry out road work means carry out any activity in connection with the construction, erection, installation, maintenance, inspection, repair, removal or replacement of a road work within the meaning of the Roads Act 1993.
roads authority has the same meaning as in the Roads Act 1993."

Section 45 seems to -

(A)        require a roads authority to carry out road work to remove or reduce a particular risk once the roads authority becomes aware of such particular risk;

(B)        deem that if the roads authority does not so remove or reduce such particular risk and that particular risk materialises then the roads authority is liable for damages from harm suffered; and

(C)        require the courts to take into account the financial and other resources that are reasonably available to the roads authority for the purpose of exercising those functions.