Reprinted as at
1 December 2020
Children’s Commissioner Act 2003
Part 2 s 27
(2)
An application under subsection (1) is dealt with in accordance with the applicable rules of court governing the inspection of court records.
(3)
This section does not limit—
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(a)
section 15; or
(b)
any other enactment that—
(i)
enables the Commissioner to access court records; or
(ii)
restricts access to court records.
Commissioner must not make adverse comment unless opportunity to be
heard is given
Despite anything in this Act or the Crown Entities Act 2004, the Commissioner
must not, in any report or statement made under this Act, make any comment
that is adverse to a person if the Commissioner has not given the person an
opportunity to be heard.
Compare: 1989 No 24 s 414
Section 25: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
115).
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Commissioner may regulate procedure for investigations
The Commissioner may regulate the procedure for any investigation under this
Act in any manner, not inconsistent with this Act, that the Commissioner thinks
fit.
Immunities and privileges
27
Proceedings privileged
(1)
[Repealed]
(2)
No civil or criminal proceedings may be brought against the officeholder or a
former officeholder or against a person who is or has been an employee of the
Commissioner for anything done or omitted in the course of the exercise or
intended exercise of functions under this Act unless it is shown that the person
concerned acted in bad faith.
(3)
Neither the officeholder nor a former officeholder nor a person who is or has
been an employee of the Commissioner may be called to give evidence in any
court, or in any proceedings of a judicial nature, in respect of anything that
comes to the knowledge of the person concerned in the exercise of functions or
powers under this Act.
(4)
Nothing in subsection (2) or subsection (3) applies in respect of proceedings
for—
(a)
an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of
the Crimes Act 1961; or
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