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Biosecurity Act 1993

Government/industry agreement for readiness or response

100ZG: Power of auditors to require production of documents

You could also call this:

"Auditors can ask for documents to help keep New Zealand safe from biosecurity risks."

The Minister can let an auditor look at certain documents. You are an auditor if you were appointed under section 100ZF. The Minister can tell you to ask people for documents.

The people you can ask for documents are those who get paid, those who collect a levy, those who pay a levy, or their employees. You can ask them for accounts, statements, or records that they have to keep. You can also make copies of these documents.

If the Minister lets you ask for documents, they must write it down and say what you can do. They must also say who you are and what section of the law this is under.

When you get these documents, you must not show them to anyone else. But you can show them if section 100ZF(3) or (5) says you can, or if a Minister says it is okay. You can also show them if you need to for a court case or to get money that is owed.

If a Minister gets information from you, the Official Information Act 1982 applies to that information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4758153.

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Part 5AGovernment/industry agreement for readiness or response

100ZGPower of auditors to require production of documents

  1. This section applies to an auditor appointed under section 100ZF.

  2. The Minister may authorise the auditor, for the purposes of conducting an audit, to—

  3. require the payee, a person responsible for collecting the levy, a person responsible for paying the levy, or an employee or officer of any of the preceding 3 persons to produce for inspection in a reasonable period specified by the auditor documents that—
    1. are accounts, statements, or records; and
      1. are required to be kept by this Act or a levy order; and
        1. are in the possession or under the control of the payee or person; and
        2. take copies of or extracts from the documents.

          1. An authorisation under subsection (2) must—

          2. be written; and
            1. state the auditor's full name; and
              1. refer to this section; and
                1. state the powers conferred on the auditor; and
                  1. state whether the powers are conferred specifically or generally.

                    1. An auditor who acts under an authorisation must not disclose any information the auditor obtains as a result of acting under it to any other person, except that the auditor may disclose information—

                    2. under section 100ZF(3) or (5):
                      1. to a Minister:
                        1. to a person authorised by a Minister to receive it:
                          1. for the purposes of a prosecution under this Act:
                            1. for the purposes of an action for the recovery of an amount due under this Act.

                              1. The Official Information Act 1982 applies to information held by a Minister that was obtained under this section.

                              Notes
                              • Section 100ZG: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).