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CIVIL LIABILITY ACT 2002 - SECT 52
No civil liability for acts in self-defence
52 No civil liability for acts in self-defence
(1) A person does not incur a liability to which this Part applies arising
from any conduct of the person carried out in self-defence, but only if the
conduct to which the person was responding-- (a) was unlawful, or
(b) would
have been unlawful if the other person carrying out the conduct to which the
person responds had not had a mental health impairment or a cognitive
impairment at the time of the conduct.
(2) A person carries out conduct in
self-defence if and only if the person believes the conduct is necessary-- (a)
to defend himself or herself or another person, or
(b) to prevent or
terminate the unlawful deprivation of his or her liberty or the liberty of
another person, or
(c) to protect property from unlawful taking, destruction,
damage or interference, or
(d) to prevent criminal trespass to any land or
premises or to remove a person committing any such criminal trespass,
and the
conduct is a reasonable response in the circumstances as he or she perceives
them.
(3) This section does not apply if the person uses force that involves
the intentional or reckless infliction of death only-- (a) to protect
property, or
(b) to prevent criminal trespass or to remove a person
committing criminal trespass.
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