305Disclosure of information overseas

1. The chief executive may disclose any information specified in section 306 to an overseas agency, body, or person whose functions include—

2. the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; or
3. the processing of international passengers; or
4. border security.

5. The disclosure of information under subsection (1) must be—

6. in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4); or
7. in accordance with subsection (7).

8. The chief executive must not enter into an agreement for the purposes of subsection (2)(a) unless satisfied that it is justified to help prevent, identify, or respond to violations of New Zealand law or,—

9. in the case of an agreement with an international agency or body, to help prevent, identify, or respond to the kinds of actions that the agency or body has a function of preventing, identifying, or responding to; or
10. in any other case, to help prevent, identify, or respond to violations of the law of the state concerned.

11. For the purposes of subsection (2)(a), an agreement—

12. must be in writing; and
13. must state criteria for the disclosure of information under it; and
14. must state, in respect of the information to be disclosed,—
    1. the use the agency, body, or person may make of it; and
    2. either—
       1. that the agency, body, or person must not disclose it to any other agency, body, or person; or
       2. the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
15. may state—
    1. the form in which information may be disclosed:
    2. the method by which information may be disclosed; and
16. may be varied.

17. The chief executive—

18. must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and
19. if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and
20. as soon as practicable after conducting a review required to be undertaken under paragraph (b), must report the result to the Privacy Commissioner.

21. The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)(b) within 12 months of last doing so.

22. The chief executive may disclose information to an overseas agency, body, or person if—

23. the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; and
24. the information is disclosed subject to conditions stating—
    1. the use the agency, body, or person may make of it; and
    2. either—
       1. that the agency, body, or person must not disclose it to any other agency, body, or person; or
       2. the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
25. the chief executive makes and keeps a record of—
    1. the information that was disclosed; and
    2. the agency, body, or person to which it was disclosed; and
    3. the conditions subject to which it was disclosed.

26. The chief executive must not disclose any information under subsection (7) unless satisfied that it relates to a suspected violation of New Zealand law or,—

27. in the case of disclosure to an international agency or body, to a suspected action of a kind that the agency or body has a function of preventing, identifying, or responding to:
28. in any other case, to a suspected violation of the law of the state concerned.

Compare

• s 141AA