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Environment Act 1986

Parliamentary Commissioner for the Environment - Functions and powers

22A: Proceedings privileged

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"You are protected by law when doing your job under the Environment Act 1986"

Illustration for Environment Act 1986

You are protected when doing your job under the Environment Act 1986. You cannot be sued for what you say or do as part of your job, unless you act in bad faith. This means you must have done something wrong on purpose. You do not have to give evidence in court about what you learned while doing your job. There are some exceptions to this rule, such as if you are accused of committing a crime like those listed in the Crimes Act 1961, including section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B. What you say or do during an inquiry is protected, like it would be in a court. Reports made by the Commissioner are also protected, like official reports made by someone working for Parliament.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99757.

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Part 1Parliamentary Commissioner for the Environment
Functions and powers

22AProceedings privileged

  1. This section applies to—

  2. the Commissioner; and
    1. every person engaged or employed in connection with the work of the Commissioner.

      1. Subject to subsection (3)—

      2. no proceedings, civil or criminal, shall lie against any person to whom this section applies for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this Act, unless it is shown that he or she acted in bad faith:
        1. no person to whom this section applies shall be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.

          1. Nothing in subsection (2) applies in respect of proceedings for—

          2. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
            1. the offence of conspiring to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
              1. the offence of attempting to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961.

                1. Anything said or information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

                2. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made under this Act by the Commissioner shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

                Notes
                • Section 22A: inserted, on , by section 6 of the Environment Amendment Act 1996 (1996 No 11).
                • Section 22A(3)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 22A(3)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                • Section 22A(3)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 22A(3)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                • Section 22A(3)(c): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 22A(3)(c): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).