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Intelligence and Security Act 2017

Miscellaneous provisions - False or misleading representations about employment and identity

229: Protections relating to representations about identity

You could also call this:

"Protection for honestly sharing identity information"

Illustration for Intelligence and Security Act 2017

If you are an employee and you make a representation about someone's identity, you are protected from getting in trouble. This protection applies if you act in good faith and with reasonable care, and you follow the rules set out in section 228. You will not be liable for anything you do or do not do in this situation.

If you follow the rules in section 228, you will not break any contracts or laws. You will not have to worry about someone cancelling a contract or making you pay a penalty because of what you did.

You are safe if you act in good faith and follow the rules when making a representation about someone's identity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921271.

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228: Employee may make false or misleading representations about employment, or

"Intelligence agency workers can keep their job a secret by not telling the truth about what they do."

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230: Exception from criminal liability under section 246 of Crimes Act 1961 in certain circumstances, or

"Getting secret information without permission is not a crime in certain situations for intelligence and security workers"

Part 7Miscellaneous provisions
False or misleading representations about employment and identity

229Protections relating to representations about identity

  1. An employee is protected from civil and criminal liability, however it may arise, for any act that the employee does, or omits to do, in good faith and with reasonable care in the course of making a representation in accordance with section 228.

  2. Nothing done (or omitted to be done) under section 228—

  3. places the employee in breach of contract or of any enactment or rule of law; or
    1. entitles any person to terminate or cancel a contract or an arrangement, or to accelerate the performance of an obligation, or to impose a penalty or an increased charge.