Subpart 2—Qualified immunity from civil or criminal liability

18 Effect and operation of qualified immunity under this Act

(1)

Qualified immunity under this Act is an immunity from any civil or criminal liability for the relevant communication.

(2)

The immunity is a defence to liability, but the defence is available to the defendant only if—

(a)

the defence is pleaded, or otherwise raised as a defence, by or on behalf of the defendant; and

(b)

the defence is not made unavailable by subsection (3).

(3)

The defence is unavailable if, in proceedings against the defendant that relate to the relevant communication, the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant abused the occasion of communication.

(4)

The defendant abused the occasion of communication if the plaintiff or prosecutor proves that, in communicating the matter that is the subject of the proceedings, the defendant did either or both of the following:

(a)

acted in bad faith:

(b)

acted with a predominant motive of ill will.

(5)

Subsection (4) does not limit subsection (3).

Compare: 1992 No 105 ss 16(1), (3), 17, 19, Schedule 1 Part 1 cl 1