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Armed Forces Discipline Act 1971

Provisions relating to the carrying out of punishments - Prison officers, etc

184: Indemnity for prison officers, etc

You could also call this:

"Protection for prison staff who act in good faith"

Illustration for Armed Forces Discipline Act 1971

You cannot take a prison officer or other person to court for doing something wrong if they did it in good faith. This means they thought they were doing the right thing when they were in charge of someone in prison. The only exception is if the problem was with the paperwork, like a warrant, that allowed them to be in charge of that person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403865.

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Part 9Provisions relating to the carrying out of punishments
Prison officers, etc

184Indemnity for prison officers, etc

  1. No action for damages shall lie in respect of any act done or omitted unlawfully but in good faith by any prison officer, constable, provost officer, or any other person while exercising authority over any person sentenced to imprisonment or detention under this Act if the act done or omitted would have been lawful but for a defect in a warrant or other instrument made for the purposes of that sentence.

Notes
  • Section 184: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).