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Real Estate Agents Act 2008

Complaints and discipline - Complaints Assessment Committees

95: Members of Committee not personally liable

You could also call this:

"Committee members are protected from being personally sued for their actions."

Illustration for Real Estate Agents Act 2008

You are a member of a Complaints Assessment Committee or helping one. You are not liable for things you do or do not do while performing your duties under the Real Estate Agents Act 2008. This includes things you say or write during a hearing, or notices you give. You are protected from liability for your actions, unless you act in bad faith. If you act in bad faith, this protection does not apply to you. This is similar to a provision in another act, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366730

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152080.

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Part 4Complaints and discipline
Complaints Assessment Committees

95Members of Committee not personally liable

  1. A person who is a member of a Committee or any person authorised by a Committee to assist it with any investigation or proceeding is not under any civil or criminal liability in respect of—

  2. any act done or omitted to be done in the course of performing or exercising any of that person’s functions, duties, or powers under this Act or done or omitted to be done to assist in that performance or exercise; or
    1. any words spoken or written at, or for the purpose of, the hearing of any proceedings under this Act; or
      1. anything contained in any notice given under this Act.

        1. Subsection (1) does not apply if the person acts in bad faith.

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