sec.170Access—protection against actions for defamation or breach of confidence

### sec.170 Access—protection against actions for defamation or breach of confidence If a person has been given access to a document and— the access was required or permitted to be given under this Act; or the access was authorised by a decision-maker, in the genuine belief that the access was required or permitted to be given under this Act; then— no action for defamation or breach of confidence lies against the State, an agency, a Minister or an officer of an agency because of the authorising or giving of the access; and no action for defamation or breach of confidence in relation to any publication involved in, or resulting from, the giving of the access lies against the author of the document or another person because of the author or another person having given the document to an agency or Minister. The giving of access to a document (including an exempt document or a contrary to public interest document) because of an access application or under section 78A must not be taken for the purposes of the law relating to defamation or breach of confidence to constitute an authorisation or approval of the publication of the document or its contents by the person to whom access is given. s 170 amd 2012 No. 45 s 7 ; 2023 No. 32 s 141 s ch 1 pt 2 (sec.170-ssec.1) If a person has been given access to a document and— the access was required or permitted to be given under this Act; or the access was authorised by a decision-maker, in the genuine belief that the access was required or permitted to be given under this Act; then— no action for defamation or breach of confidence lies against the State, an agency, a Minister or an officer of an agency because of the authorising or giving of the access; and no action for defamation or breach of confidence in relation to any publication involved in, or resulting from, the giving of the access lies against the author of the document or another person because of the author or another person having given the document to an agency or Minister. (sec.170-ssec.2) The giving of access to a document (including an exempt document or a contrary to public interest document) because of an access application or under section 78A must not be taken for the purposes of the law relating to defamation or breach of confidence to constitute an authorisation or approval of the publication of the document or its contents by the person to whom access is given. - (a) the access was required or permitted to be given under this Act; or - (b) the access was authorised by a decision-maker, in the genuine belief that the access was required or permitted to be given under this Act; - (c) no action for defamation or breach of confidence lies against the State, an agency, a Minister or an officer of an agency because of the authorising or giving of the access; and - (d) no action for defamation or breach of confidence in relation to any publication involved in, or resulting from, the giving of the access lies against the author of the document or another person because of the author or another person having given the document to an agency or Minister.