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Fair Trading Act 1986

Miscellaneous provisions

48: Proceedings privileged

You could also call this:

"Commission members are protected from being sued for doing their job"

Illustration for Fair Trading Act 1986

If you are part of the Commission, you are protected from being sued. You cannot be taken to court for something you did or did not do as part of your job, unless you acted without reasonable care or in bad faith. The same protection applies to members, officers, and employees of the Commission. You are also protected if you are accused of committing an offence against certain sections of the Crimes Act 1961, such as section 78, unless you acted in bad faith. Some sections of the Crown Entities Act 2004, like sections 122 to 126, apply to you in certain situations. This section is an exception to section 121 of the Crown Entities Act 2004. Note that section 59(3) of the Crown Entities Act 2004 does not apply to you, unless you acted in bad faith.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM97345.

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Part 6Miscellaneous provisions

48Proceedings privileged

  1. No proceedings, civil or criminal, shall lie against the Commission for anything it may do or fail to do in the course of the exercise or intended exercise of its functions under this Act unless it is shown that the Commission acted without reasonable care or in bad faith.

  2. No proceedings, civil or criminal, lie against any member of the Commission, or any officer or employee of the Commission, or any member of a committee of the Commission, for anything that person may do or say or fail to do or say in the course of the operations of the Commission, unless it is shown that the person acted in bad faith.

  3. Nothing in subsections (1) and (2) applies in respect of proceedings for—

  4. an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961; or
    1. the offence of conspiring to commit an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961; or
      1. the offence of attempting to commit an offence against section 78 or section 78AAA or section 78AAB or section 78AA or section 78A or section 105 or section 105A of the Crimes Act 1961.

        1. Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action against a member for breach of an individual duty) does not apply, unless it is shown by the Commission that the person acted in bad faith.

        2. Sections 122 to 126 of the Crown Entities Act 2004 apply as if the conduct for which a person may be indemnified or insured under those sections were conduct that is covered by the protection from liability in this section.

        3. This section contains an exception to section 121 of the Crown Entities Act 2004.

        Notes
        • Section 48(2): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 48(3)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 48(3)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 48(3)(c): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 48(4): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 48(5): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 48(6): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).