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Intelligence and Security Act 2017

Authorisations - Offences and immunities

111: Immunities from criminal liability in relation to carrying out authorised activity

You could also call this:

"Protection from being charged with a crime when doing something as part of an approved job or activity"

Illustration for Intelligence and Security Act 2017

If you do something as part of an authorised activity, you are protected from being charged with a crime. You must have done the act in good faith and believed it was necessary to carry out the activity. You must also have carried out the activity in a reasonable manner.

If the authorisation is later cancelled or found to be invalid, you are still protected. This means you cannot be charged with a crime for something you did as part of the authorised activity. This protection applies even if the authorisation is no longer valid.

This rule is in place to make things clear and avoid any doubt about your protection. You are protected if you acted in good faith and followed the rules. This applies to anyone who is carrying out an authorised activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118971.

Topics:
Crime and justice > Criminal law
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110: Immunities from criminal liability in relation to obtaining intelligence warrant, or

"Protection from being charged with a crime when getting a special permission called an intelligence warrant"

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112: Appointment of Commissioners, or

"The Governor-General chooses people to oversee intelligence warrants, after the Prime Minister suggests who to choose."

Part 4Authorisations
Offences and immunities

111Immunities from criminal liability in relation to carrying out authorised activity

  1. A person is immune from criminal liability for any act done in good faith in carrying out an authorised activity if—

  2. the person reasonably believed that doing the act was necessary to carry out the activity; and
    1. the activity was carried out in a reasonable manner.

      1. Subsection (1) applies even if the authorisation is subsequently—

      2. revoked; or
        1. determined to have been invalidly issued or given.

          1. Subsection (2)(b) is to avoid doubt.