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Food Act 2014

Miscellaneous provisions - Information and consultation requirements - Collecting, keeping, and disclosing information

368: Disclosing information inside New Zealand: application of section 369

You could also call this:

"Sharing secret information in New Zealand: what you need to know about section 369"

When information is shared inside New Zealand, section 369 applies to you. This is for certain information, agencies, people, and staff members. It also applies to constables.

The information includes personal details, as defined in the Privacy Act 2020, and details about food businesses. This can be confidential or sensitive information about a food business.

The agencies are those that work under certain Acts, such as the Health Act 1956, the Testing Laboratory Registration Act 1972, and others. These agencies can work under many different Acts.

The people are those who run food businesses, recognised agencies, and territorial authorities. They can also be public health units, Medical Officers of Health, and management agencies that work with pest management plans under the Biosecurity Act 1993. This includes people who run animal product businesses and wine businesses, as defined in the Animal Products Act 1999 and the Wine Act 2003.

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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=DLM2996507.

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Part 5Miscellaneous provisions
Information and consultation requirements: Collecting, keeping, and disclosing information

368Disclosing information inside New Zealand: application of section 369

  1. Section 369 applies to—

  2. the information described in subsection (2); and
    1. the agencies described in subsection (3); and
      1. the persons described in subsection (4); and
        1. the staff members of the agencies or persons; and
          1. constables.

            1. The information is—

            2. personal information as defined in the Privacy Act 2020; and
              1. information about a food business that includes, to avoid doubt, confidential information or commercially sensitive information, or both.

                1. The agencies are those that perform functions under, or administer, any of the following Acts:

                2. this Act; or
                  1. the Health Act 1956; or
                    1. the Testing Laboratory Registration Act 1972; or
                      1. the Medicines Act 1981; or
                        1. the Fair Trading Act 1986; or
                          1. the New Zealand Horticulture Export Authority Act 1987; or
                            1. the Education and Training Act 2020; or
                              1. the Commodity Levies Act 1990; or
                                1. the Resource Management Act 1991; or
                                  1. the Biosecurity Act 1993; or
                                    1. the Consumer Guarantees Act 1993; or
                                      1. the Customs and Excise Act 2018; or
                                        1. the Fisheries Act 1996; or
                                          1. the Hazardous Substances and New Organisms Act 1996; or
                                            1. the Agricultural Compounds and Veterinary Medicines Act 1997; or
                                              1. the Animal Products Act 1999; or
                                                1. the Animal Welfare Act 1999; or
                                                  1. the Dairy Industry Restructuring Act 2001; or
                                                    1. the Local Government Act 2002; or
                                                      1. the Wine Act 2003; or
                                                        1. the Immigration Act 2009; or
                                                          1. the National Animal Identification and Tracing Act 2012; or
                                                            1. the Sale and Supply of Alcohol Act 2012; or
                                                              1. the Psychoactive Substances Act 2013; or
                                                                1. the Organic Products and Production Act 2023; or
                                                                  1. any other Act enacted in substitution for any of the Acts specified in paragraphs (a) to (x); or
                                                                    1. any other Act that is declared by the Governor-General, by Order in Council made under section 394, to be an Act for the purposes of this subsection.

                                                                      1. The persons are—

                                                                      2. a person who is an operator of a food business:
                                                                        1. a recognised agency:
                                                                          1. a recognised person:
                                                                            1. a territorial authority that administers the applicable requirements of this Act:
                                                                              1. a person who is not described in paragraphs (a) to (d) and who administers the applicable requirements of this Act:
                                                                                1. a public health unit that performs functions or duties, or exercises powers, under this Act:
                                                                                  1. the Medical Officer of Health, as defined in the Health Act 1956:
                                                                                    1. a management agency that administers pest management plans under the Biosecurity Act 1993:
                                                                                      1. a person who is an operator of an animal product business, as defined in the Animal Products Act 1999:
                                                                                        1. a person who is an operator of a wine business, as defined in the Wine Act 2003:
                                                                                          1. any other person who is declared by the Governor-General, by Order in Council made under section 394, to be a person for the purposes of this subsection.

                                                                                            Notes
                                                                                            • Section 368(2)(a): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                                                                                            • Section 368(3)(g): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                                                                                            • Section 368(3)(i): replaced, 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 368(3)(l): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
                                                                                            • Section 368(3)(xa): inserted, on , by section 162(2) of the Organic Products and Production Act 2023 (2023 No 14).