Radiocommunications Act 1989

General provisions - Miscellaneous provisions

72: Liability of officers

You could also call this:

"Protection for Registrar staff from being sued for doing their job"

Illustration for Radiocommunications Act 1989

You cannot take a Registrar or their employee to court for something they did or did not do while working, unless they acted in bad faith. If you try to take them to court for certain crimes, like those against section 78 of the Crimes Act 1961, this rule does not apply. You also cannot take them to court for trying to commit or conspiring to commit these crimes. If someone takes a Registrar or their employee to court for something they did while working, the Crown will pay their legal costs, unless they acted in bad faith. The Crown will also pay any money the court orders them to pay, unless they acted in bad faith. This means you are protected if you work for the Registrar and do your job honestly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197117.

This page was last updated on View changes


Previous

71: Registrar not bound to attend court or produce register without court order, or

"You don't have to go to court or show records without a High Court order."


Next

72A: Matters relevant to radio engineer's certificate, or

"What you need to know for a radio engineer's certificate"

Part 8General provisions
Miscellaneous provisions

72Liability of officers

  1. No criminal proceedings shall lie against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, for anything the Registrar or employee may do or fail to do in the course of the exercise or intended exercise of the functions of the Registrar, unless it is shown that the Registrar or employee acted in bad faith.

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

  3. an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961; or
    1. the offence of conspiring to commit an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961; or
      1. the offence of attempting to commit an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961.
        1. Where any civil proceedings are brought against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in their personal capacities, for anything the Registrar or employee has done or failed to do in the course of the exercise or intended exercise of the functions of the Registrar, the Registrar or employee is entitled to be indemnified by the Crown in respect of all expenses incurred by him or her in connection with the proceedings, and in respect of any amount awarded against him or her in those proceedings, unless it is shown that the Registrar or employee acted, or failed to act, in bad faith.

        Notes
        • Section 72(2)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 72(2)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 72(2)(c): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).