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Oranga Tamariki Act 1989

Care and protection of children and young persons - Code of practice for information sharing

66Q: Relationship with other enactments

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"How this law works with other laws"

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When you share information, you need to follow some rules. These rules are in sections 66 to 66P of the Oranga Tamariki Act 1989. They do not affect the Official Information Act 1982.

You can collect, use, or share information if it is allowed by another law. The collection, storage, and use of information under sections 66 to 66J must follow some principles from the Privacy Act 2020. These principles are set out in section 22 of the Privacy Act 2020.

If there is a conflict between these sections and the Privacy Act 2020, the Oranga Tamariki Act 1989 rules apply. The chief executive of the Ministry of Education can use national student numbers to gather information for certain purposes. This is allowed under section 66A(1) of the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS220150.

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Part 2Care and protection of children and young persons
Code of practice for information sharing

66QRelationship with other enactments

  1. Sections 66 to 66P do not—

  2. affect the Official Information Act 1982; or
    1. limit or prevent the collection, use, or disclosure of information that is—
      1. authorised or required under any other enactment; or
        1. permitted under any other enactment.

        2. The collection, storage, and use of information under sections 66 to 66J of this Act must comply with principles 1, 4, 5, 6, 7, 8, 9, and 13 set out in section 22 of the Privacy Act 2020.

        3. Sections 66 to 66P do not limit principles 11 and 12 set out in section 22 of the Privacy Act 2020 (which permit certain disclosures in addition to those authorised under those sections).

        4. However, if there is any other inconsistency between sections 66 to 66P of this Act and any provisions of the Privacy Act 2020, sections 66 to 66P prevail.

        5. Despite clause 4(1)(c) of Schedule 24 of the Education and Training Act 2020, the chief executive of the Ministry of Education may use national student numbers to gather information for any of the purposes set out in section 66A(1), and the information so gathered may be used for any of those purposes.

        Notes
        • Section 66Q: inserted, on , by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 66Q(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
        • Section 66Q(3): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
        • Section 66Q(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
        • Section 66Q(5): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).