Part 11Miscellaneous provisions
Use of information
161Disclosure of information for purpose of ensuring product safety, etc
The purpose of this section is to ensure that government agencies and other persons and agencies involved in risk management programmes, regulated control schemes, risk-based measures, or in the administration of other requirements imposed by or under this Act, are able to disclose to each other such information as is desirable or necessary to ensure—
- the health or well-being of producers, processors, consumers, and users of animal material and products; or
- the fitness for intended purpose of animal products; or
- the integrity and reputation of New Zealand exports of animal material and products, and the integrity of official assurances given under this Act.
Despite information privacy principles 2 and 11 set out in section 22 of the Privacy Act 2020, an approved agency or an officer or employee of an approved agency may disclose to any other approved agency, or officer or employee of that agency, any information supplied or obtained under or for the purposes of any of the enactments specified in subsection (5)(a), if the disclosure of that information is necessary or desirable for any of the purposes specified in subsection (1).
Nothing in subsection (2) authorises the disclosure of any information to the persons or bodies listed in paragraphs (b) to (f) of subsection (5) unless the disclosure is necessary to enable them to properly discharge their obligations under this Act.
Nothing in subsection (2) authorises the disclosure of commercially sensitive information unless and to the extent that the disclosure is necessary in the particular case to ensure—
- the health or well-being of any person or animal; or
- the integrity and reputation of New Zealand exports of animal material and products, or the integrity of official assurances given under this Act.
In this section, approved agency means—
- any government department that is for the time being charged with the administration of any of the following Acts:
- this Act:
-
- the Health Act 1956:
- the Apiaries Act 1969:
- the Marine Farming Act 1971:
- the Standards and Accreditation Act 2015:
- the Meat Act 1981:
-
- the Medicines Act 1981:
- the Biosecurity Act 1993:
- the National Animal Identification and Tracing Act 2012:
- the Hazardous Substances and New Organisms Act 1996:
- the Fisheries Act 1996 or the Fisheries Act 1983:
- the Customs and Excise Act 2018:
- the Agricultural Compounds and Veterinary Medicines Act 1997:
- the Animal Welfare Act 1999:
- the Dairy Industry Restructuring Act 2001:
- the Local Government Act 2002:
- the Wine Act 2003:
- the Food Act 2014:
- Organic Products and Production Act 2023:
- any other Act enacted in substitution for any of the above enactments:
- this Act:
- any primary producer, processor, transporter of animal material or product, or exporter:
- any
verifier orverifying agency: - any other person or body having functions or duties under this Act:
- any other person or body having an involvement in 1 or more risk management programmes or food control plans whose proper performance of their functions or duties depends on the supply of the relevant information:
- any management agency that is charged with the administration of pest management plans or pathway management plans under the Biosecurity Act 1993:
- a territorial authority, as defined in the Local Government Act 2002.
Notes
- Section 161(1): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
- Section 161(5)(a)(ii): repealed, on , by section 24(a) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 161(5)(a)(iva): inserted, on , by section 24(b) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 161(5)(a)(ivb): inserted, on , by section 24(b) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 161(5)(a)(ivb): amended, on , by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).
- Section 161(5)(a)(vi): repealed, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(5)(a)(viiia): replaced, on , by section 75 of the National Animal Identification and Tracing Act 2012 (2012 No 2).
- Section 161(5)(a)(viiib): inserted, on , by section 24(c) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 161(5)(a)(x): replaced, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
- Section 161(5)(a)(xia): inserted, on , by section 194 of the Animal Welfare Act 1999 (1999 No 142).
- Section 161(5)(a)(xib): inserted, on , by section 24(d) of the Animal Products Amendment Act 2005 (2005 No 26).
- Section 161(5)(a)(xic): inserted, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(5)(a)(xid): inserted, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(5)(a)(xie): inserted, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(5)(a)(xif): inserted, on , by section 160(2) of the Organic Products and Production Act 2023 (2023 No 14).
- Section 161(5)(c): amended, on , by section 158 of the Food Safety Law Reform Act 2018 (2018 No 3).
- Section 161(5)(c): amended, on , by section 5(10) of the Animal Products Amendment Act 2002 (2002 No 29).
- Section 161(5)(e): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
- Section 161(5)(f): amended, on , by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 161(5)(g): inserted, on , by section 447 of the Food Act 2014 (2014 No 32).