Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Immunities

166: Other immunities in relation to exercise of entry, search, or surveillance powers

You could also call this:

"Protection from being sued if you help with a search or surveillance in a reasonable and honest way"

If you do something to help exercise a power to enter, search, or surveil, you are protected from being sued or charged. You are protected if you do the action in a reasonable way and you believe you have the right to do it. You must have good reasons to think you can exercise the power.

If you help someone else exercise a power to enter, search, or surveil, or if you help examine something that was seized, you are also protected. You must do the action in a reasonable way and in good faith. This means you must try to do the right thing.

If someone says you did something wrong and you say you are protected, you must prove it. You have to show that you did the right things to be protected under the law. This is your responsibility to prove in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136880.


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165: Immunities in relation to obtaining or execution of orders and warrants, or

"Protection for people who help get or follow search and surveillance orders"


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167: Immunity of the Crown, or

"The government can't be sued if you can't be sued for the same thing."

Part 4General provisions in relation to search, surveillance, and inspection powers
Immunities

166Other immunities in relation to exercise of entry, search, or surveillance powers

  1. Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if—

  2. the power is exercised by that person in a reasonable manner; and
    1. the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
      1. Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.

      2. In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.