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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 been suffering from a mental illness 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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