Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Proceedings before Panel

31X: Power to make confidentiality orders

You could also call this:

"The Panel can keep some information secret to protect it."

The Panel can make an order to keep some information secret. You might not be allowed to share or talk about certain information or documents. The Panel decides when and how this order is used. The Panel can make this order on its own or because someone asked for it. The order can stop people from sharing information or giving evidence about it. The Panel chooses the terms and conditions for the order. The order can start from when the Panel begins its inquiry and last until it ends. After the inquiry is finished, the Official Information Act 1982 applies to the information that was kept secret. This means that the Official Information Act 1982 will be used to decide what happens to the information next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326176.

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

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31W: Panel to hear proceedings in private, or

32: Panel's powers in respect of compliance with takeovers code, or

"The Panel's job is to ensure people follow the takeovers code and can stop them if they don't."

Part 3Investigation and enforcement
Investigation and enforcement by Panel: Proceedings before Panel

31XPower to make confidentiality orders

The Panel may, on its own initiative or on the application of any person, make an order prohibiting—
the publication or communication of any information, document, or evidence that is provided or obtained in connection with any inquiry or other proceedings of the Panel:
the giving of evidence involving any such information, document, or evidence.

The Panel may make the order on the terms and conditions (if any) that it thinks fit.
An order under subsection (1) may be expressed to have effect from the commencement of any inquiry or other proceedings of the Panel to the end of that inquiry or proceedings.
At the end of the inquiry or proceedings, the Official Information Act 1982 applies to any information or document or evidence that was the subject of the order.

Compare

1978 No 103 s 19(5)(b), (6)
1993 No 107 s 13

Notes

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