Plain language law

New Zealand law explained for everyone

Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Registers, records, and use of information

90E: Providing information to regulatory agencies

You could also call this:

"Sharing information with agencies that help keep people and the environment safe"

Illustration for Crown Minerals Act 1991

The Minister, another Minister, or the chief executive can give information to regulatory agencies. You might wonder what kind of information they can share. They can share information they have about permits or applications for permits. They can also share information that might help the regulatory agencies do their jobs, as outlined in the Health and Safety at Work Act 2015 or the Maritime Transport Act 1994.

The Minister can give information to the Environmental Protection Authority and to consent authorities. They can share information they have about certain matters, as well as information that might help these agencies do their jobs under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991.

However, there are some exceptions to what information can be shared. If the information is about royalties paid by permit holders, it cannot be shared. Regulatory agencies must keep the information they receive confidential, unless it is already public, or they need to share it to do their job, or the person the information is about says it is okay to share. They can also share the information if they are required to by law, or if a court tells them to.

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 It might be out of date or be missing some parts.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=DLM5231040.

Topics:
Business > Industry rulesEnvironment and resources > ConservationRights and equality > Privacy
Previous

90D: Treatment of speculative prospecting information purchased or licensed by permit holder, or

"What to do with mineral information bought from someone without a permit"

Next

90F: Conditions that may be imposed on providing information or documents under section 90E, or

"Rules for keeping your information safe when sharing it under section 90E"

Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Registers, records, and use of information

90EProviding information to regulatory agencies

  1. The Minister, an appropriate Minister, or the chief executive may provide to the health and safety regulator any information, or a copy of any document, that he or she—

  2. holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
    1. considers may assist the health and safety regulator in the performance or exercise of the regulator’s functions, duties, or powers under any relevant health and safety legislation (as defined in section 16 of the Health and Safety at Work Act 2015).

      1. The Minister, an appropriate Minister, or the chief executive may provide to Maritime New Zealand any information, or a copy of any document, that he or she—

      2. holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
        1. considers may assist the Director of Maritime New Zealand in the performance or exercise of his or her or Maritime New Zealand's functions, duties, or powers under the Maritime Transport Act 1994.

          1. The Minister may provide to the Environmental Protection Authority (established by section 7 of the Environmental Protection Authority Act 2011) and to any consent authority any information, or a copy of any document, that the Minister—

          2. holds in relation to the matters referred to in section 29A(2)(d) (whether obtained under section 24, 29A, or 29B); and
            1. considers may assist—
              1. the Environmental Protection Authority in the performance or exercise of its functions, duties, or powers under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991; or
                1. a consent authority in the performance or exercise of its functions, duties, or powers under the Resource Management Act 1991.

                2. However, subsections (1) to (3) do not apply to any information obtained under section 90 relating to the calculation and payment of royalties by permit holders.

                3. A regulatory agency must not disclose any information provided to it under this section to any other person or organisation unless—

                4. the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by a specified Act on the regulatory agency; or
                  1. the information is publicly available; or
                    1. the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
                      1. the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
                        1. disclosure is required by another enactment; or
                          1. disclosure is required by a court of competent jurisdiction.

                            Notes
                            • Section 90E: inserted, on , by section 43 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                            • Section 90E(1): replaced, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
                            • Section 90E(3)(b)(i): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                            • Section 90E(3)(b)(ii): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).