Plain language law

New Zealand law explained for everyone

Limited Partnerships Act 2008

General - Other matters relating to Registrar's powers

79: Disclosure of information and reports

You could also call this:

"Sharing information and documents with the right people"

Illustration for Limited Partnerships Act 2008

If you are looking at documents or information for the Registrar, you must give them the documents or information when asked. You can give the documents or information to the Minister, the chief executive, or someone the Registrar says you can give it to. You can also give it to a liquidator who is looking after a limited partnership that is being closed down.

The Registrar can give some information to government agencies if it will help them enforce the law. Government agencies include the police and other organisations that help keep people safe. Law enforcement purposes include things like investigating crimes and punishing people who break the law.

If you have documents or information, you must not show them to anyone else unless the Registrar says you can. You can show them to someone if they are about that person, and they agree to see them. You can also show them if it is to help with the Limited Partnerships Act, or if the information is already public.

If you do not follow these rules, you can get in trouble and have to pay a fine of up to $10,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1139240.

Topics:
Business > Starting a businessBusiness > Industry rulesRights and equality > Privacy
Previous

78H: Registrar may specify deadlines, form, and verification for information required under section 78F or 78G, or

"Registrar sets rules for giving information, like deadlines and proof"

Next

80: Inspector’s report admissible in liquidation proceedings, or

"A court can use an inspector's report as evidence when deciding what to do with a limited partnership that's being closed down."

Part 2General
Other matters relating to Registrar's powers

79Disclosure of information and reports

  1. A person authorised by the Registrar for the purposes of section 78, 78F, 78G, or 78H 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 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 or in connection with the exercise of powers conferred by this Act; or
        1. a liquidator for the purposes of the liquidation of a limited partnership.

          1. The Registrar or any person authorised by the Registrar may give information disclosed to the Registrar under section 78F or 78G to a government agency for law enforcement purposes if the Registrar is satisfied that the agency has a proper interest in receiving the information.

          2. For the purposes of subsection (1A),—

            government agency means—

            1. the Crown Law Office:
              1. the Department of Internal Affairs:
                1. the Financial Markets Authority:
                  1. the Government Communications Security Bureau:
                    1. the Inland Revenue Department:
                      1. the Ministry of Business, Innovation and Employment:
                        1. the Ministry of Justice:
                          1. the New Zealand Customs Service:
                            1. the New Zealand Security Intelligence Service:
                              1. the New Zealand Police:
                                1. the Reserve Bank of New Zealand:
                                  1. the Serious Fraud Office:
                                    1. any international counterpart of the entities in paragraphs (a) to (l)

                                      law enforcement purposes means—

                                      1. the administration of this Act and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009:
                                        1. the detection, investigation, and prosecution of—
                                          1. any offence under this Act; or
                                            1. any offence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; or
                                              1. a money laundering offence (within the meaning of section 5 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009); or
                                                1. any offence under section 143B of the Tax Administration Act 1994; or
                                                  1. any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:
                                                  2. the enforcement of the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009:
                                                    1. the enforcement of the Misuse of Drugs Act 1975:
                                                      1. the enforcement of the Terrorism Suppression Act 2002:
                                                        1. the administration of the Mutual Assistance in Criminal Matters Act 1992:
                                                          1. the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under section 10 or 11 of the Intelligence and Security Act 2017:
                                                            1. any action referred to in paragraphs (a) to (g) taken in respect of legislation of an overseas jurisdiction that is broadly equivalent to the enactments listed in those paragraphs.

                                                            2. A person authorised by the Registrar for the purposes of section 78, or in relation to a disclosure under section 78F, 78G, or 78H, 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 give the document, information, or report to the Registrar when directed to do so by a person holding that office.

                                                            3. A person authorised by the Registrar for the purposes of section 78, or in relation to a disclosure under section 78F, 78G, or 78H, 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—

                                                            4. in accordance with subsection (1), (1A), (1B), or (2); 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 in connection with the exercise of powers conferred by 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; or
                                                                    1. subject to the approval of the Registrar, to a liquidator for the purposes of the liquidation of a limited partnership.

                                                                      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 79(1): amended, on , by section 26(1)(a) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(1): amended, on , by section 26(1)(b) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(1A): inserted, on , by section 26(2) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(1B): inserted, on , by section 26(2) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(1B) law enforcement purposes paragraph (b)(v): replaced, on , by section 4 of the Limited Partnerships Amendment Act 2015 (2015 No 105).
                                                                      • Section 79(1B) law enforcement purposes paragraph (g): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                                                                      • Section 79(2): amended, on , by section 26(3) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(2): amended, on , by section 5 of the Limited Partnerships Amendment Act 2012 (2012 No 12).
                                                                      • Section 79(3): amended, on , by section 26(3) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(3)(a): amended, on , by section 26(4) of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                                      • Section 79(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).