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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Certification

85: Due inquiry

You could also call this:

"Checking information from a trusted source is okay"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are a chief executive who must make due inquiry about something under section 84. You do not fail to do so if you get information from someone you think is reliable. You must think they are competent and the information is standard for your business. You can trust the information if it is the same kind as what you would normally get. It must not say you need more information or investigation. You should not think the information is incorrect. This does not limit how you can make due inquiry about something, it just gives you one way to do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178146.

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Part 4Registration, enforcement, and miscellaneous provisions
Certification

85Due inquiry

  1. A chief executive who is required to make due inquiry about a matter under section 84 does not fail to do so if—

  2. he or she receives information or advice about the matter from another person who he or she believes on reasonable grounds is reliable and competent; and
    1. the information or advice received—
      1. is of the same kind and standard as that which could reasonably be expected to be supplied in the ordinary course of management of businesses of the same kind to persons in the same kind of position; and
        1. does not state or indicate that further information, advice, or investigation is or may be required; and
        2. he or she has no reason to believe that the information or advice is or may be incorrect.

          1. Nothing in subsection (1) limits the ways in which a chief executive may make due inquiry about a matter.