Part 5Regulations, enforcement, and other matters
Direct access to information by government agencies
104Direct access to information by government agencies
The purpose of this section is to facilitate access by a government agency to information stored in a database for the purpose of assisting the chief executive of that agency to administer and enforce this Act and the Customs and Excise Act 2018.
The Director-General may, for the purposes of this section, allow the chief executive of the New Zealand Customs Service or any other government agency to access 1 or more databases in accordance with a written agreement entered into by the Director-General and the chief executive.
A written agreement must specify—
- the database or databases that may be accessed; and
- the particular type or class of information that may be accessed; and
- the particular purpose or purposes for which the information is accessed; and
- the particular function being, or to be, carried out by the government agency for which the information is required; and
- the mechanism by which the information is to be accessed; and
- how the information accessed is to be used by the government agency to achieve the particular purpose or purposes; and
- the positions or designations of the persons in the government agency who may access the database or databases; and
- the records to be kept in relation to each occasion a database is accessed; and
- the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and
- the requirements relating to storage and disposal of information obtained by the agency from the database or databases; and
- the circumstances (if any) in which the information may be disclosed by the government agency to another agency, and how that disclosure may be made; and
- the requirements for reviewing the agreement.
In this section,—
chief executive of a government agency includes the Commissioner of Police
government agency means—
- a public service agency (as defined in section 5 of the Public Service Act 2020), other than—
- the Ministry; and
- the Government Communications Security Bureau; and
- the New Zealand Security Intelligence Service; and
- Statistics New Zealand:
- the Ministry; and
- a Crown agent named in Part 1 of Schedule 1 of the Crown Entities Act 2004:
- an independent Crown entity named in Part 3 of Schedule 1 of the Crown Entities Act 2004:
- the New Zealand Police:
- the New Zealand Defence Force.
- a public service agency (as defined in section 5 of the Public Service Act 2020), other than—
Compare
- 2018 No 4 s 315
Notes
- Section 104: inserted, on , by section 55 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).