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Financial Service Providers (Registration and Dispute Resolution) Act 2008

Registration - Registrar’s inspection powers

38: Disclosure of information and reports

You could also call this:

“Rules about sharing information you find when inspecting documents”

If you are allowed by the Registrar to inspect documents or information under section 37, you must follow these rules:

You have to give the documents, information, or any report you write about your inspection to the Registrar, the Minister, the chief executive, or anyone else the Registrar says can have it, but only if the Registrar tells you to.

You are not allowed to share the documents, information, or your report with anyone else. There are only a few exceptions:

  1. When the Registrar tells you to give it to someone, as mentioned above.
  2. If the Registrar approves and the person the information is about agrees.
  3. If the Registrar approves and it’s needed for this law.
  4. If the information is already available to the public through other laws or public documents.

If you don’t follow these rules, you’re breaking the law. You could be fined up to $10,000 if you’re found guilty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1109546.

Topics:
Crime and justice > Criminal law Rights and equality > Privacy
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Part 2 Registration
Registrar’s inspection powers

38Disclosure of information and reports

  1. A person authorised by the Registrar for the purposes of section 37 who has obtained a document or information in the course of making an inspection under that section or prepared a report in relation to an inspection under that section must, if directed to do so by the Registrar, give the document, information, or report to—

  2. the Registrar; or
    1. the Minister; or
      1. the chief executive; or
        1. any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act.

          1. A person authorised by the Registrar for the purposes of section 37 who has obtained a document or information in the course of making an inspection under that section or prepared a report in relation to an inspection under that section must not disclose that document, information, or report, except—

          2. in accordance with subsection (1); or
            1. subject to the approval of the Registrar, with the consent of the person to whom it relates; or
              1. subject to the approval of the Registrar, for the purposes of this Act; or
                1. to the extent that the information, or information contained in the document or report, is available under any Act or in a public document.

                  1. A person who fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding $10,000.

                  Compare
                  Notes
                  • Section 38(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).