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Trade Marks Act 2002

Legal proceedings - Enforcement officers - Miscellaneous

134ZF: No liability if functions performed or powers exercised in good faith

You could also call this:

"People doing their job under this law can't be blamed if they try their best to do the right thing"

This law protects certain people from being held responsible for their actions when they are doing their job under the Trade Marks Act. These people include enforcement officers, people who help enforcement officers or police, and police officers who do the job of an enforcement officer.

You won't be held responsible for something you did or didn't do while performing your duties if you meet three conditions. First, you must have acted in good faith, which means you were trying to do the right thing. Second, you must have acted in a reasonable way. Third, you must have honestly believed that you had the right to do what you did.

This protection applies when you are doing your job or when you intended to do your job under this law. It covers both actions you take and things you might forget to do.

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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=DLM4125668.

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Part 4Legal proceedings
Enforcement officers: Miscellaneous

134ZFNo liability if functions performed or powers exercised in good faith

  1. This section applies to—

  2. an enforcement officer:
    1. a person who assists an enforcement officer or a constable under this subpart:
      1. a constable who exercises any power of an enforcement officer under this subpart.

        1. No person to whom this section applies is liable for any act done or omitted to be done by the person in the performance or intended performance of his or her functions or the exercise or intended exercise of his or her powers under this Act if the person acted—

        2. in good faith; and
          1. in a reasonable manner; and
            1. in the reasonably held belief that the prerequisites for the performance of any function or the exercise of any power had been satisfied.

              Notes
              • Section 134ZF: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).