Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Exercise of inspection and evidence powers for overseas regulators

31S: Undertakings to be obtained before providing certain information to overseas regulators

You could also call this:

"Promise needed before sharing information with overseas regulators"

The Panel gets information from people using a summons under section 31N. You want to know what happens to this information. The Panel must get a promise from the overseas regulator before sharing it. The promise says the information will not be used against the person in criminal proceedings. The overseas regulator must also promise to stop others from using the information in criminal proceedings if they can.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326162.

This page was last updated on 12 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departmentsMoney and consumer rights > Consumer protection

31R: Conditions that may be imposed on providing information to overseas regulators, or

"Rules for sharing information with overseas regulators"

31T: Panel may accept undertakings, or

"The Panel can accept a written promise from you to do something."

Part 3Investigation and enforcement
Investigation and enforcement by Panel: Exercise of inspection and evidence powers for overseas regulators

31SUndertakings to be obtained before providing certain information to overseas regulators

The Panel must not provide any information, evidence, or documents obtained from a person by a summons under section 31N to an overseas regulator (whether in compliance with the request of an overseas regulator or otherwise) unless the Panel has received in writing an undertaking by the overseas regulator to the effect that the information, evidence, or documents—
will not be used by the overseas regulator as evidence in criminal proceedings against the person (other than a proceeding in respect of the falsity of the person's testimony); and
to the extent to which it is within the ability of the overseas regulator to ensure, will not be used by any other person, authority, or agency as evidence in proceedings of that kind.

Notes

Section 31S: inserted, on 1 December 2002, by section 33 of the Takeovers Amendment Act 2002 (2002 No 45).