Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Enforcement

74: Exclusion of liability of authorised persons, Customs officers, and assistants

You could also call this:

"People doing their job under this law are not responsible for mistakes, unless they do something wrong on purpose."

Illustration for Human Assisted Reproductive Technology Act 2004

If you are an authorised person, or you help an authorised person, or you are a Customs officer, you are not liable for what you do or do not do under the Human Assisted Reproductive Technology Act 2004 or the Customs and Excise Act 2018, as applied by section 73, unless you act in bad faith or without a good reason. You must be doing your job as stated in the Act to be protected. If you do something wrong on purpose or without a good reason, you can still be held liable.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319804.

Topics:

Health and wellbeing > Healthcare servicesRights and equality > Privacy

73: Detection of import and export offences, or

"Stopping things being imported or exported if they break the law about helping make babies"

75: Offences related to inspections and searches, or

"Breaking the law by stopping or hindering inspectors under the Human Assisted Reproductive Technology Act"

Part 4Enforcement and miscellaneous provisions
Enforcement

74Exclusion of liability of authorised persons, Customs officers, and assistants

No authorised person, or a person requested to assist an authorised person, or a Customs officer who does, or omits to do, an act in pursuance of a function or power conferred on that person by this Act or by the Customs and Excise Act 2018 as applied by section 73 is under civil or criminal liability for that act or omission unless the person acts, or omits to act, in bad faith or without reasonable cause.

Notes

Section 74: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).