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Local Government Official Information and Meetings Act 1987

Land information memoranda - Land information memoranda

44D: Territorial authority, regional council, and water organisation protected against certain actions when providing information in good faith

You could also call this:

"Councils and water organisations are protected if they honestly share information."

Illustration for Local Government Official Information and Meetings Act 1987

If you are a territorial authority, regional council, or water organisation, you are protected against certain actions when providing information in good faith. You are not liable in civil or criminal proceedings for making available this information. This protection applies when you provide information under section 44A(2)(a), section 44C, or section 108 of the Local Government (Water Services) Act 2025.

You need to know what a water organisation is, so it is defined as having the meaning given in section 4 of the Local Government (Water Services) Act 2025. This means you can understand what type of organisation is being referred to in this context.

When you provide information in good faith, you are doing so honestly and without trying to deceive anyone, and this is an important part of being protected against certain actions.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1456113.

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Part 6ALand information memoranda
Land information memoranda

44DTerritorial authority, regional council, and water organisation protected against certain actions when providing information in good faith

  1. A territorial authority, regional council, or water organisation is not liable in civil or criminal proceedings for making available in good faith,—

  2. in the case of a territorial authority, information in a land information memorandum under section 44A(2)(a); or
    1. in the case of a regional council, information to a territorial authority under section 44C; or
      1. in the case of a water organisation, information provided to a territorial authority under section 108 of the Local Government (Water Services) Act 2025.

        1. In this section, water organisation has the meaning given in section 4 of the Local Government (Water Services) Act 2025.

        Notes
        • Section 44D: inserted, on , by section 8 of the Local Government Official Information and Meetings Amendment Act 2023 (2023 No 41).
        • Section 44D heading: amended, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
        • Section 44D(1): amended, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
        • Section 44D(1)(c): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
        • Section 44D(2): inserted, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).