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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Miscellaneous provisions - Protection from liability

118: Protection from liability

You could also call this:

"You are protected by law if you try to do the right thing when doing your job."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are protected from being liable for something you do or do not do in good faith. This means you are trying to do the right thing when you perform a duty or use a power given to you under this Act. You must be doing this in good faith. You are not liable if you work for a network operator, service provider, surveillance agency, or the Registrar. This also applies if you are employed by one of these people or organisations. You are protected when doing your job or using your powers under this Act. However, this protection does not apply if you do not follow a direction given under section 57. Other laws that protect you from liability still apply, even if this section does not. This means you may still be protected under other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178187.

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Part 4Registration, enforcement, and miscellaneous provisions
Miscellaneous provisions: Protection from liability

118Protection from liability

  1. This section applies to—

  2. every network operator; and
    1. every service provider; and
      1. every surveillance agency and the Director; and
        1. the Registrar and every other designated officer; and
          1. every person employed or engaged by a person referred to in paragraphs (a) to (d).

            1. No person to whom this section applies is liable for an act done or omitted to be done in good faith—

            2. in the performance or intended performance of a duty imposed by or under this Act; or
              1. in the exercise or intended exercise of a function or power conferred by or under this Act.

                1. This section does not apply in relation to compliance with a direction given under section 57.

                2. Nothing in this section limits any immunity under any other enactment.