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Companies Act 1993

Registrar of Companies - Other matters relating to Registrar's powers

366: Disclosure of information and reports

You could also call this:

“Rules for handling and sharing company information obtained from the Registrar”

The Registrar can allow someone to access information about companies. If you get this information, you must follow these rules:

You must give the information to certain people if the Registrar tells you to. These people include government ministers, department heads, liquidators, and others who need it for official reasons.

The Registrar can share information with government agencies to help enforce laws. This includes agencies like the police, tax department, and intelligence services.

If you get this information, you must give it to the Registrar or other officials when they ask for it.

You’re not allowed to share the information with anyone else, except in specific situations. These include when the Registrar approves it, when it’s already public, or when it’s needed for legal cases.

If you don’t follow these rules, you can be charged with an offence and face penalties.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323220.

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Part 20 Registrar of Companies
Other matters relating to Registrar's powers

366Disclosure of information and reports

  1. A person authorised by the Registrar for the purposes of section 365, 365F, 365G, or 365H who has—

  2. obtained a document or information in the course of making an inspection under that section; or
    1. prepared a report in relation to an inspection under that section—
        1. must, if directed to do so by the Registrar, give the document, information, or report to—
      1. the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; or
        1. the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; or
          1. any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or
            1. a liquidator for the purposes of the liquidation of a company; or
              1. except in the case of an authorisation under section 365F, 365G, or 365H, any person authorised by the Registrar to receive the document, information, or report for the purposes of detecting offences against any Act.

                1. The Registrar or any person authorised by the Registrar may give information disclosed to the Registrar under section 365F or 365G to a government agency for law enforcement purposes if the Registrar is satisfied that the agency has a proper interest in receiving the information.

                2. For the purposes of subsection (1A),—

                  government agency means—

                  1. the Crown Law Office:
                    1. the Department of Internal Affairs:
                      1. the Financial Markets Authority:
                        1. the Government Communications Security Bureau:
                          1. the Inland Revenue Department:
                            1. the Ministry of Business, Innovation and Employment:
                              1. the Ministry of Foreign Affairs and Trade:
                                1. the Ministry of Justice:
                                  1. the New Zealand Customs Service:
                                    1. the New Zealand Security Intelligence Service:
                                      1. the New Zealand Police:
                                        1. the Reserve Bank of New Zealand:
                                          1. the Serious Fraud Office:
                                            1. any international counterpart of the entities in paragraphs (a) to (l)

                                              law enforcement purposes means—

                                              1. the administration of this Act and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009:
                                                1. the detection, investigation, and prosecution of—
                                                  1. any offence under this Act; or
                                                    1. any offence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; or
                                                      1. a money laundering offence (within the meaning of section 5 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009); or
                                                        1. any offence under section 143B of the Tax Administration Act 1994; or
                                                          1. any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:
                                                          2. the enforcement of the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009:
                                                            1. the enforcement of the Misuse of Drugs Act 1975:
                                                              1. the enforcement of the Terrorism Suppression Act 2002:
                                                                1. the enforcement of the Russia Sanctions Act 2022:
                                                                  1. the administration of the Mutual Assistance in Criminal Matters Act 1992:
                                                                    1. the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under section 10 or 11 of the Intelligence and Security Act 2017:
                                                                      1. any action referred to in paragraphs (a) to (g) taken in respect of legislation of an overseas jurisdiction that is broadly equivalent to the enactments listed in those paragraphs.

                                                                      2. A person authorised by the Registrar for the purposes of section 365, 365F, 365G, or 365H who has—

                                                                      3. obtained a document or information in the course of making an inspection under that section; or
                                                                        1. prepared a report in relation to an inspection under that section—
                                                                            1. must give the document, information, or report to the Registrar, a Deputy Registrar, a District Registrar, or an Assistant Registrar when directed to do so by any person holding any of those offices.

                                                                          1. A person authorised by the Registrar for the purposes of section 365, 365F, 365G, or 365H who has—

                                                                          2. obtained a document or information in the course of making an inspection under that section; or
                                                                            1. prepared a report in relation to an inspection under that section—
                                                                                1. must not disclose that document, information, or report except—
                                                                              1. in accordance with subsection (1), (1A), (1B), or (2); or
                                                                                1. subject to the approval of the Registrar, with the consent of the person to whom it relates; or
                                                                                  1. subject to the approval of the Registrar, for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or
                                                                                    1. to the extent that the information, or information contained in the document or report, is available under any Act or in a public document; or
                                                                                      1. subject to the approval of the Registrar, to a liquidator for the purposes of the liquidation of a company or the assets of an overseas company; or
                                                                                        1. in the course of criminal proceedings; or
                                                                                          1. subject to the approval of the Registrar, for the purpose of detecting offences against any Act.

                                                                                            1. A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(2).

                                                                                            Notes
                                                                                            • Section 366(1): amended, on , by section 49(1)(a) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(1): amended, on , by section 49(1)(b) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(1)(c): replaced, on , by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
                                                                                            • Section 366(1)(d): replaced, on , by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
                                                                                            • Section 366(1)(g): amended, on , by section 49(2) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(1A): inserted, on , by section 49(3) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(1B): inserted, on , by section 49(3) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(1B) government agency paragraph (fa): inserted, on , by section 34(2) of the Russia Sanctions Act 2022 (2022 No 6).
                                                                                            • Section 366(1B) law enforcement purposes paragraph (b)(v): replaced, on , by section 5 of the Companies Amendment Act 2015 (2015 No 97).
                                                                                            • Section 366(1B) law enforcement purposes paragraph (ea): inserted, on , by section 34(3) of the Russia Sanctions Act 2022 (2022 No 6).
                                                                                            • Section 366(1B) law enforcement purposes paragraph (g): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                                                                                            • Section 366(2): amended, on , by section 49(4) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(3): amended, on , by section 49(4) of the Companies Amendment Act 2014 (2014 No 46).
                                                                                            • Section 366(3)(c): amended, on , by section 49(5) of the Companies Amendment Act 2014 (2014 No 46).