Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Invalidity, offences, and immunities, etc - Immunities

88Z: 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.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528211.


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88Y: False application for preservation direction or renewal, or

"Lying when asking to keep something as evidence is against the law"


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88ZA: Immunities relating to obtaining, renewing, or executing preservation direction, or

"Protections when getting or following a preservation direction"

Part 3APreservation directions relating to foreign investigations or proceedings
Invalidity, offences, and immunities, etc: Immunities

88ZImmunities 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, or the renewal of a preservation direction, under this Part.

  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 or renew 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 subpart 7 of the Commissioner’s decision to make a preservation direction.

Notes
  • Section 88Z: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).