Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Immunities

79S: Immunities relating to functions of Commissioner and reviewers

You could also call this:

"Protection for the Commissioner and reviewers making good faith decisions"

Illustration for Search and Surveillance Act 2012

You are protected if you are the Commissioner and you do something or do not do something in good faith when deciding about a preservation direction. The Commissioner is protected from being sued if they act in good faith. The Crown is also protected if the Commissioner is protected. You are also protected if you are a reviewer and you do something or do not do something in good faith when reviewing the Commissioner's decision. The Crown is protected if you are protected as a reviewer. If there are other laws that say something different, this law is more important. A reviewer is someone who checks the Commissioner's decision to make a preservation direction, and they are chosen under section 17 of the Policing Act 2008. This protection applies to the Commissioner and the reviewer. It also applies to the Crown if the Commissioner or reviewer is protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528043.


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79R: Chief executive to give written notice for section 79Q(4)(g), or

"Chief executive must inform you in writing about certain decisions"


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79T: Immunities relating to obtaining or executing preservation directions, or

"Protection when getting or following a preservation direction"

Part 3Enforcement officers' powers and orders
Preservation directions: Immunities

79SImmunities relating to functions of Commissioner and reviewers

  1. The Commissioner is immune from civil liability for anything done or omitted to be done by the Commissioner in good faith in determining an application for a preservation direction under this subpart.

  2. A reviewer is immune from civil liability for anything done or omitted to be done by the reviewer in good faith in conducting a review of the Commissioner’s decision to make a preservation direction.

  3. If the Commissioner or a reviewer is immune from civil liability under this section in respect of anything done or omitted to be done, the Crown is also immune from civil liability in respect of the Commissioner’s or reviewer’s conduct.

  4. If there is any inconsistency between any of subsections (1) to (3) and the provisions of any other enactment conferring, regulating, or limiting a privilege or immunity, those subsections prevail.

  5. In this section, reviewer means a person who is responsible (under a delegation under section 17 of the Policing Act 2008) for conducting a review under this subpart of the Commissioner’s decision to make a preservation direction.

Notes
  • Section 79S: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).