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Parliament Bill

Parliamentary privilege - Protected communication of proceedings in Parliament - Qualified immunity

27: Effect and operation of qualified immunity

You could also call this:

"Using a special defence in court to protect what you say or communicate"

If you are taken to court, you can use qualified immunity as a defence. You can use this defence for civil or criminal cases related to something you said or communicated. You must say you want to use this defence when you are in court. If someone is taking you to court, they can stop you using this defence. They can do this if they prove you did something wrong when you communicated the thing that is the problem. You might have done something wrong if you acted in bad faith or were mean to someone on purpose. You will not be able to use this defence if you took advantage of the situation in a way that was not fair. This is because you must use the defence honestly and not try to trick people. You must communicate in a way that is respectful and fair to others.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804159.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

26: Communications protected by qualified immunity, or

"Protection for sharing fair and accurate reports about Parliament"

28: Other laws unaffected, or

"This law does not change other laws about what people can say."

Part 2Parliamentary privilege
Protected communication of proceedings in Parliament: Qualified immunity

27Effect and operation of qualified immunity

Qualified immunity is a defence to any civil or criminal liability in proceedings that relate to the relevant communication if it is pleaded, or otherwise raised as a defence, by or on behalf of the defendant.
However, the defence is unavailable if the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant has abused the occasion of communication.
Without limiting subsection (2), the defendant has abused the occasion of communication if the defendant acted in bad faith or predominantly with malice towards any person or otherwise took improper advantage of the occasion.