Tax Administration Act 1994

Information, record-keeping, and returns - Commissioner’s powers to obtain information - Permitted disclosures

18D: Disclosures made in carrying into effect revenue laws

You could also call this:

"Sharing secret tax info is okay if it's for your job and you're trying to do the right thing."

Illustration for Tax Administration Act 1994

You do not break the law if you share sensitive revenue information to carry out revenue laws. This is allowed when you are doing your job to manage the tax system. You must consider if sharing the information is reasonable. You are allowed to share sensitive revenue information with other revenue officers. This is okay if you are in a place where you normally work and you try to keep the information secret. You do not break the law if you share information with a court or tribunal when it is necessary. You do not have to keep sensitive revenue information secret if a court or tribunal needs it to make a decision. You can share the information if it is necessary for your job and you are trying to do the right thing. The law is in place to help you do your job and to make sure everyone 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=LMS181139.


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"When officials can share secret information"


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18E: Disclosures made under information-sharing arrangements, or

"Sharing sensitive information with others under special agreements"

Part 3Information, record-keeping, and returns
Commissioner’s powers to obtain information: Permitted disclosures

18DDisclosures made in carrying into effect revenue laws

  1. Section 18 does not apply to a disclosure of sensitive revenue information that is made for the purpose of carrying into effect a revenue law as set out in schedule 7, part A.

  2. Section 18 does not apply if—

  3. a disclosure of sensitive revenue information is made in carrying out or supporting a function lawfully conferred on the Commissioner to—
    1. administer the tax system:
      1. implement the tax system:
        1. improve, research, or reform the tax system; and
        2. the Commissioner considers the disclosure is reasonable for the purposes described in paragraph (a), having regard to—
          1. the Commissioner’s obligation at all times to use best endeavours to protect the integrity of the tax system; and
            1. the importance of promoting compliance with the law, especially voluntary compliance; and
              1. the impact of the disclosure, personally or commercially or in some other way; and
                1. the resources available to the Commissioner; and
                  1. the public availability of the information.
                  2. Section 18 does not apply to a disclosure of sensitive revenue information that a revenue officer—

                  3. makes—
                    1. to a person who is a revenue officer or a person to whom section 18B(2) applies; and
                      1. at a place, and in conditions relating to the confidentiality of information, in which the Commissioner expects revenue officers to perform their duties; and
                      2. does not intend, and takes the care that is reasonable in the place and conditions to prevent, the receipt of the information by the person receiving it.
                        1. Section 18 does not apply to—

                        2. prevent the disclosure of sensitive revenue information to a court or tribunal if the disclosure is necessary for the purpose of carrying into effect a revenue law:
                          1. require a revenue officer to produce a document in a court or tribunal, or to disclose to a court or tribunal a matter or thing that comes to their notice in the performance of their duties.
                            Notes
                            • Section 18D: inserted, on , by section 10 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).