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33Proceedings privileged

  1. Subject to subsection (2),—

  2. no proceedings, whether civil or criminal, may lie against the Authority, any member of the Authority, or any person holding any office or appointment under the Authority, for anything done or said by them in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that they acted in bad faith:
    1. the Authority, members of the Authority, and any person holding office or appointment under the Authority must not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in the exercise of their functions under this Act.

      1. Nothing in subsection (1) applies in respect of proceedings for—

      2. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, or 105A of the Crimes Act 1961; or
        1. the offence of conspiring to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, or 105A of the Crimes Act 1961; or
          1. the offence of attempting to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, or 105A of the Crimes Act 1961; or
            1. an offence against section 37.

              1. Anything said or any information given or any document or thing produced by any person in the course of any investigation by or proceedings before the Authority under this Act shall be privileged in the same manner as if the investigation or proceedings were proceedings in a court.

              2. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992,—

              3. any report, opinion, or recommendation given by the Authority under section 27 or section 28 or section 29; and
                1. any report published by the Authority or the Commissioner under section 34,—
                    1. shall be deemed to be an official report made by a person holding an inquiry under the authority of the Government of New Zealand.

                  1. This section applies despite section 121 of the Crown Entities Act 2004.

                  2. Sections 59(3) and 60 of the Crown Entities Act 2004 do not apply unless the entity bringing the action, or the person making the application, shows that the member, employee, or office holder of the Authority acted in bad faith.

                  Notes
                  • Section 33(1)(a): substituted, on , by section 23 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
                  • Section 33(1)(b): substituted, on , by section 23 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
                  • Section 33(2)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                  • Section 33(2)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                  • Section 33(2)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                  • Section 33(2)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                  • Section 33(2)(c): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                  • Section 33(2)(c): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                  • Section 33(4): amended, on , by section 56(1) of the Defamation Act 1992 (1992 No 105).
                  • Section 33(5): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                  • Section 33(6): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).