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Financial Markets Authority Act 2011

General information-gathering and enforcement powers - Sharing information and documents - Conditions

33: Conditions that may be imposed on providing information, documents, or evidence to other agencies or regulators

You could also call this:

“Rules for sharing FMA information with other groups”

When the Financial Markets Authority (FMA) shares information, documents, or evidence with other agencies or regulators, they can set some rules about how this information is used. These rules are called conditions.

The FMA needs to think about whether these conditions are needed to keep people’s private information safe. They have to consider this when deciding what conditions to set.

The FMA can set different types of conditions. For example, they might say that the information needs to be kept secret, especially if it’s about a person’s private details. They might also set rules about how the information is stored, used, or who can look at it.

The FMA can also make conditions about how copies of documents are made, given back, or thrown away. They might even ask the other agency to pay for the costs of sharing the information or following their request.

These conditions help make sure that when the FMA shares information with other agencies or regulators, it’s done in a way that respects people’s privacy and follows the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3231710.

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Part 3 General information-gathering and enforcement powers
Sharing information and documents: Conditions

33Conditions that may be imposed on providing information, documents, or evidence to other agencies or regulators

  1. The FMA may impose any conditions in relation to providing information, documents, or evidence to a law enforcement or regulatory agency or an overseas regulator (whether in compliance with a request or otherwise).

  2. The FMA must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.

  3. Conditions imposed under subsection (1) may include, without limitation, conditions relating to—

  4. maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020):
    1. the storing of, the use of, or access to anything provided:
      1. the copying, returning, or disposing of copies of documents provided:
        1. payment of the costs incurred by the FMA in providing anything or in generally complying with a request.

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          Notes
          • Section 33(3)(a): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).