sec.109Limitation of action

### sec.109 Limitation of action No liability shall be incurred by the Crown or any person— because of any disclosure made to the commissioner, any officer of the department or any inspector; or on account of any disclosure or publication made in good faith by the Minister, the commissioner or by someone on the commissioner’s behalf, concerning any of the following matters if the Minister or the commissioner is satisfied it is in the public interest to make the disclosure or publication— the supply of goods or services; the commercial or business reputation of any person associated with the supply of goods or services; the quality or standard of goods or services supplied by any person; a contravention or alleged contravention of this Act or the operation or enforcement of this Act. Without limiting subsection (1) , no liability shall be incurred by the Crown, the Minister, the commissioner, a person acting on the commissioner’s behalf, an officer of the department or an inspector on account of any act or thing— done or omitted to be done under this Act; or done or omitted to be done genuinely for the purposes of this Act and without negligence. This section does not affect the liability of a person to disciplinary action under the Public Sector Act 2022 . The provisions of this Act shall be read and construed subject to the provisions of any other Act that limit the liability of the Crown or any other person. s 109 amd 1992 No. 68 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 1997 No. 12 s 48 ; 1997 No. 82 s 3 sch ; 2002 No. 13 s 40 ; 2009 No. 25 s 83 sch ; 2010 No. 54 s 51 ; 2022 No. 34 s 365 sch 3 (sec.109-ssec.1) No liability shall be incurred by the Crown or any person— because of any disclosure made to the commissioner, any officer of the department or any inspector; or on account of any disclosure or publication made in good faith by the Minister, the commissioner or by someone on the commissioner’s behalf, concerning any of the following matters if the Minister or the commissioner is satisfied it is in the public interest to make the disclosure or publication— the supply of goods or services; the commercial or business reputation of any person associated with the supply of goods or services; the quality or standard of goods or services supplied by any person; a contravention or alleged contravention of this Act or the operation or enforcement of this Act. (sec.109-ssec.2) Without limiting subsection (1) , no liability shall be incurred by the Crown, the Minister, the commissioner, a person acting on the commissioner’s behalf, an officer of the department or an inspector on account of any act or thing— done or omitted to be done under this Act; or done or omitted to be done genuinely for the purposes of this Act and without negligence. (sec.109-ssec.3) This section does not affect the liability of a person to disciplinary action under the Public Sector Act 2022 . (sec.109-ssec.4) The provisions of this Act shall be read and construed subject to the provisions of any other Act that limit the liability of the Crown or any other person. - (a) because of any disclosure made to the commissioner, any officer of the department or any inspector; or - (b) on account of any disclosure or publication made in good faith by the Minister, the commissioner or by someone on the commissioner’s behalf, concerning any of the following matters if the Minister or the commissioner is satisfied it is in the public interest to make the disclosure or publication— (i) the supply of goods or services; (ii) the commercial or business reputation of any person associated with the supply of goods or services; (iii) the quality or standard of goods or services supplied by any person; (iv) a contravention or alleged contravention of this Act or the operation or enforcement of this Act. - (i) the supply of goods or services; - (ii) the commercial or business reputation of any person associated with the supply of goods or services; - (iii) the quality or standard of goods or services supplied by any person; - (iv) a contravention or alleged contravention of this Act or the operation or enforcement of this Act. - (i) the supply of goods or services; - (ii) the commercial or business reputation of any person associated with the supply of goods or services; - (iii) the quality or standard of goods or services supplied by any person; - (iv) a contravention or alleged contravention of this Act or the operation or enforcement of this Act. - (a) done or omitted to be done under this Act; or - (b) done or omitted to be done genuinely for the purposes of this Act and without negligence.