Trade Marks Act 2002

Legal proceedings - Border protection measures - Immunity

155K: No liability if powers exercised in good faith

You could also call this:

"Doing your job honestly and carefully means you won't get in trouble"

You need to know about a rule that protects certain people from getting in trouble when they do their job. This rule applies to Customs officers and anyone who helps them.

If you're a Customs officer or someone helping them, you won't get in trouble for things you do or don't do while using your powers under this law. But there are three important things you need to do:

First, you must act in good faith. This means you're trying to do the right thing.

Second, you need to act in a reasonable way. This means you're not doing anything silly or extreme.

Third, you need to honestly believe that you're allowed to use your powers. You can't just use them whenever you want.

If you do all these things, you won't be held responsible even if something goes wrong.

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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=DLM4125686.


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156: Delegation of chief executive's powers, duties, and functions, or

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Part 4Legal proceedings
Border protection measures: Immunity

155KNo liability if powers exercised in good faith

  1. This section applies to—

  2. a Customs officer; and
    1. a person who assists a Customs 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 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 exercise of any power had been satisfied.
            Notes
            • Section 155K: inserted, on , by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).