Intelligence and Security Act 2017

Repeals and amendments - Amendments to Passports Act 1992

310: New section 37B inserted (Crown liability)

You could also call this:

"The government is not liable for losses from passport decisions unless they acted unfairly or carelessly."

Illustration for Intelligence and Security Act 2017

If you make a complaint about a passport, the government makes a decision. This decision can be about cancelling or refusing a passport under certain sections of the law, such as section 27GA, 27GD, or 27GE. The government is not responsible for any loss or damage from this decision unless they did not act in good faith or were very careless.

You can find more information about this in the law, which is available on the New Zealand government website. The government's decision is final, but you may be able to take action if you think they did not act fairly. This is an important part of the law that affects how the government makes decisions about passports.

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This page was last updated on 3 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921441.

Topics:

Immigration and citizenship > VisasImmigration and citizenship > Border controlGovernment and voting > Government departmentsCrime and justice > Police and safetyRights and equality > Anti-discrimination

309: Section 29AB amended (Proceedings involving classified security information), or

"What happens in court when secret security information is withdrawn"

311: Section 46 repealed (Transitional provision), or

"Old law section 46 is being removed and is no longer valid."

Part 8Repeals and amendments
Amendments to Passports Act 1992

310New section 37B inserted (Crown liability)

After section 37A, insert:
37BCrown liability
1. This section applies to any decision made under section 27GA, 27GD, or 27GE.
2. The Crown is not liable to any person for any loss or damage as a result of, or in connection with, a decision referred to in subsection (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.